The Jan. 6 Select Committee made criminal referrals against former President Donald Trump related to the attack on the U.S. Capitol that transpired that day as lawmakers were working to certify President Joe Biden’s win.
U.S. Rep. Jamie Raskin (D-MD), a member of the committee, read the referrals being made to the Department of Justice during the committee’s final meeting Monday.
“The President has an affirmative and primary constitutional duty to act to take care that the laws be faithfully executed,” said Raskin. “Nothing could be a greater betrayal of this duty than to assist in insurrection against the constitutional order.”
The committee voted unanimously on the referrals and invoked federal criminal statutes related to obstruction of an official proceeding, conspiracy to defraud the U.S., conspiracy to make a false statement and inciting, assisting, aiding or comforting an insurrection.
“Anyone who incites others to engage in rebelling, assists them in doing so, or gives aid and comfort to those engaged in insurrection is guilty of a federal crime,” Raskin said.
“The committee believes that more than sufficient evidence exists for a criminal referral of former President Trump for assisting or aiding and comforting those at the Capitol who engaged in a violent attack on the United States. The committee has developed significant evidence that President Trump intended to disrupt the peaceful transition of power under our Constitution.”
Raskin said those are not the only statutes that are potentially relevant to Trump’s conduct related to the 2020 election. Depending on the Justice Department’s evidence, his actions could “trigger other criminal violations.”
Raskin said the committee understands the gravity of the referrals.
“But we have gone where the facts and the law lead us, and inescapably, they lead us here,” he said.
Trump and his immediate team are not the only people identified for referrals, Raskin said. The committee is referring four members of Congress for sanction by the House Ethics Committee for failure to comply with subpoenas to provide information. The referrals were also made against attorney John Eastman.
The committee expects its final report will be made public this week. The committee also intends to release most of its nonsensitive records before the end of the year.
The @January6thCmte finds evidence that Trump, Eastman and others obstructed a crucial official proceeding—Congress’ certification of electoral votes.
We make this referral and three others because this obstruction is not only an affront to our democracy. It’s a crime. pic.twitter.com/FCW40CJf0k
— Rep. Jamie Raskin (@RepRaskin) December 19, 2022
