Ball is in court of US Justice Department

Jan 6 panel’s criminal referrals against Trump mirror clear-cut evidence of insurrection, obstruction of official proceedings, conspiracy

Donald Trump cannot pass off the House Jan 6 select committee’s final report as mere partisan opinion. His criminal liability is based on a mound of evidence, as the committee meticulously detailed. Moreover, the committee’s “road map to justice” is not just a restatement of facts already made public by the committee. It is the foundation that the Justice Department could use to prosecute the former president and his underlings to the fullest extent of the law.

The report’s executive summary includes four criminal referrals for Trump: insurrection, obstruction of an official proceeding, conspiracy to defraud the United States and conspiracy to make a false statement. The committee leaves open the possibility that others might be referred for participation in such crimes, leaving it to the Justice Department to investigate.

At its core, the report lays out evidence that Trump attempted to stay in power despite the vote of the American people, he tried to concoct phoney slates of electors to change the electoral vote, he tried to pressure former vice-president Mike Pence to disregard the electoral count and, when that did not work, he summoned the mob to the capital on Jan 6, 2021, urged rally attendees (some of whom were armed) to march to the Capitol and did nothing for 187 minutes to stop the violence that ensued.

Momentous step

Never in the history of the republic has Congress taken such a momentous step of issuing a criminal referral of a former president. If special counsel Jack Smith decides not to indict Trump, he will have to explain why his judgement differs from that of a congressional committee that painstakingly examined the evidence and presented it to the American people. The Justice Department is by no means limited to these pathways of prosecution. The committee holds out the possibility that the department might pursue other charges such as seditious conspiracy if it uncovers evidence that Trump conspired with the violent armed groups that stormed the Capitol.

The Justice Department might also prosecute him under another statute (Section 372) for conspiring “to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof.” As the panel noted, there were “potential efforts to obstruct its investigation, including by certain counsel [some paid by groups connected to the former president] who may have advised clients to provide false or misleading testimony to the Committee.” It also included this revelation: “The Select Committee is aware of multiple efforts by President Trump to contact Select Committee witnesses. The Department of Justice is aware of at least one of those circumstances.”

Many Americans have wondered whether Trump would ever be held accountable. This moment marks a critical, unprecedented and justifiable step toward making that happen. The ball is now in the special counsel’s court.