Yesterday, Jan. 6 Committee Chairman Bennie Thompson announced that the Committee has decided to make criminal referrals to the Department of Justice, marking a groundbreaking new phase of the investigation. No one is above the law – the American people deserve accountability for the chaos and violence that ensued that day. These referrals are a critical step in pursuit of accountability for those responsible in the deadly attack on our Capitol. Donald Trump and his MAGA allies will be held to account for planning and promoting the effort to overthrow an election they knew they lost.
USA Today: Jan. 6 Committee To Recommend DOJ Pursue Criminal Charges, But Hasn’t Yet Decided On Names. “Norm Eisen, a lawyer who served as counsel to the Democratic House committee leading Trump’s first impeachment, said he expected the recommendations to focus on two allegations: the attempt to defraud the United States through overturning the 2020 election and obstruction of an official congressional proceeding. Despite the Justice Department already investigating aggressively, Eisen said the recommendations would still be important to explain the evidence and allegations. ‘No. 1, they stiffen the spine of state and federal prosecutors by encouraging them to act,’ Eisen said. ‘No. 2, they provide important information, the roadmap, the evidence. That’s the most critical part.’ He and Debra Perlin, policy director for the advocacy group Citizens for Responsibility and Ethics in Washington, said referrals could target Trump, former White House chief of staff Mark Meadows, Trump personal lawyer John Eastman and former Justice Department official Jeffrey Clark.” [USA Today, 12/6/22]
New York Times: House Jan. 6 Committee Signals It Will Issue Criminal Referrals. “The House committee investigating the Jan. 6 attack on the Capitol will issue criminal referrals to the Justice Department based on its inquiry, the panel’s chairman said on Tuesday, but has made no decision on who it will recommend charging or what offenses it will cite. Representative Bennie Thompson of Mississippi, the Democratic chairman of the committee, told reporters on Capitol Hill that the panel had agreed to take the step and would meet later Tuesday to discuss the specifics. But within moments, he and his staff rushed to clarify his statement, reflecting a debate that is still underway within the panel about how far to go in formally accusing former President Donald J. Trump and some of his top allies of crimes. ‘What we’ve decided is that we will probably make referrals,’ Mr. Thompson told reporters a short time later. Mr. Thompson, who is known for giving big-picture guidance about the investigation but being at times less involved in the granular details of its work, then suggested that that decision was no longer in question. ‘There’s a general agreement we will do some referrals, but we’ve got to get there,’ Mr. Thompson said. ‘We’re not there yet.’” [The New York Times, 12/6/22]
CNN: House January 6 Committee Has Decided To Make Criminal Referrals, Chairman Says. “Asked whether Thompson believed any witnesses perjured themselves, he said, ‘that’s part of the discussion. When the panel makes referrals, Thompson said it will be a separate document from the panel’s final report that will be sent to DOJ. A select committee spokesperson confirmed to CNN that criminal referrals will be ‘considered as a final part’ of the panel’s work. ‘The Committee has determined that referrals to outside entities should be considered as a final part of its work. The committee will make decisions about specifics in the days ahead,’ the spokesperson said. A source tells CNN the criminal referrals the January 6 committee will ultimately be making ‘will be focused on the main organizers and leaders of the attacks.’” [CNN, 12/6/22]
The Guardian: House January 6 Panel To Issue Criminal Referrals To DOJ As Tensions Heighten. “[T]he decision to move forward with referrals comes days after a special four-member subcommittee established to consider the issue recommended that the full committee seek prosecution from the justice department for a number of individuals connected to January 6, two sources said. The referrals could follow two tracks: citations for things that Congress can request prosecution by statute, such as perjury or witness tampering, or wider-ranging recommendations such as making the case that Donald Trump obstructed an official proceeding on 6 January. At issue is the value of making referrals when the justice department could now be in a better position to asses[s] potential crimes. […] The work of the committee has been the target of often baseless attacks by Trump and many others in the Republican party, who have sought to portray it as a partisan effort, despite the prominence of two rebel Republicans on the panel. But the narrow victory in the House by Republicans in last month’s midterm elections means it will now certainly be wound up as the party takes control of the lower chamber of Congress.” [The Guardian, 12/6/22]
Bloomberg: Jan. 6 House Panel Will Recommend Criminal Prosecutions, Chairman Says. “‘We have not made a decision as to who, but we have made decisions that criminal referrals will happen,” Thompson, a Mississippi Democrat, said without adding details. The Justice Department is not obligated to follow recommendations of the committee, which spent months on the probe, but it could add political pressure to the agency and the special counsel who Attorney General Merrick Garland has named to oversee the case. Myron Marlin, a Justice Department spokesman, declined to comment. […] The charges may include perjury, Thompson said, also without providing any details. ‘Well, that’s part of the discussion. Yeah,’ he said. Among other potential charges are criminal contempt of Congress, obstruction of justice, obstruction of an official government proceeding and conspiracy. [Bloomberg, 12/6/22]
CBS: Jan. 6 Committee Will Make Criminal Referrals, Chair Bennie Thompson Says. “The referrals, [Thompson] said, would be separate from the committee’s final report on the Jan. 6, 2021, assault on the Capitol and would be contained in a document he sends to the Justice Department. The panel, however, released a statement after Thompson’s remarks that said [he] did not say that criminal referrals from the panel were a certainty. ‘The committee has determined that referrals to outside entities should be considered as a final part of its work,’ the select committee said. ‘The committee will make decisions about specifics in the days ahead.’ Later Tuesday afternoon, Rep. Pete Aguilar, who is also on the panel, also told reporters, ‘We haven’t finalized any decisions yet; our options are on the table. Referrals to outside agencies are possible.’ A date has yet to be announced for the release of the committee’s report. Thompson would only say it would be ‘as soon as possible’ as the committee continues to ‘try to work through everything.’ As for the question of whether a criminal referral for former President Donald Trump is still under consideration, Thompson replied to reporters, ‘Good try.’” [CBS News, 12/6/22]
Axios: Jan. 6 Committee Nears Criminal Referrals. “The Jan. 6 select committee is closing in on criminal referrals to the Department of Justice, the panel’s chair Rep. Bennie Thompson (D-Miss.) said Tuesday. […] Members are expected to come to a final resolution on the matter by the end of the week, he added. ‘We’re in the process of bringing forward different recommendations to the full committee for consideration,’ said Rep. Jamie Raskin (D-Md.), the chair of the subcommittee. The backdrop: The committee has issued four criminal referrals, all to ex-aides and advisers of former President Trump who refused to comply with its subpoenas, which have seen mixed results. The DOJ indicted Steve Bannon, former White House advisor, who was sentenced to four months in prison in October. Peter Navarro, another former White House adviser, was indicted in June. He pleaded not guilty to the charges. The DOJ did not indict Mark Meadows, former Trump chief of staff, and Dan Scavino, former deputy chief of staff. What we’re watching: Asked about the committee’s final report, Thompson said, ‘Work in progress.’” [Axios, 12/6/22]
Washington Post: Jan. 6 Committee Will Make Criminal Referrals To DOJ. “The House Select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol will make criminal referrals to the Department of Justice, though no decision has been made on the target of a referral or what allegations of crimes the potential referrals would cover. ‘There’s general agreement we will do some referrals,’ the committee chairman, Rep. Bennie G. Thompson (D-Miss.), told reporters Tuesday, adding that there’s been no formal vote among committee members, nor have they voted on whom they will refer. The committee will meet Tuesday evening when members are expected to discuss next steps. After several high-profile public hearings over the summer, the committee is finalizing its work. Asked about the status of a final report, Thompson said that the committee is ‘going over printed materials now.’ The committee is still discussing how it will present the final report, Thompson added.” [The Washington Post, 12/6/22]
Reuters: U.S. House Jan. 6 Committee Chairman Says Panel To Make Criminal Referrals. “The chairman of the U.S. House of Representatives committee investigating the Jan. 6, 2021, attack on the U.S. Capitol said on Tuesday that the panel had decided to make criminal referrals to the Department of Justice. ‘Yes,’ Representative Bennie Thompson told reporters when asked about the topic. He did not elaborate on who might be referred, when or on what charges. A referral does not necessarily mean that the Justice Department, which is conducting its own investigation of the riot, will decide to file charges. The Democratic-led House Select Committee has spent more than a year investigating the attack on the Capitol by thousands of supporters of Donald Trump, after the then-Republican president gave a fiery speech falsely claiming that his defeat by Democrat Joe Biden was the result of fraud. Five people including a police officer died during or shortly after the riot and more than 140 police officers were injured. The Capitol suffered millions of dollars in damage and then-Vice President Mike Pence, members of Congress and staff ran for their lives amid the chaos. A subcommittee of the panel has been studying whether to issue criminal referrals for Trump and some of his closest associates. The panel is also expected to issue a report on its findings this month. It is expected to be dissolved before Republicans take control of the House in January after winning a majority of seats in the November midterm elections.” [Reuters, 12/6/22]
