The 1/6 Committee will vote on Monday to refer Trump for prosecution on insurrection, obstructing an official proceeding, and conspiracy to defraud the United States.
The report that the select panel is expected to consider on Monday afternoon, described to POLITICO by two people familiar with its contents, reflects some recommendations from a subcommittee that evaluated potential criminal referrals. Among the charges that subcommittee proposes for Trump: 18 U.S.C. 2383, insurrection; 18 U.S.C. 1512(c), obstruction of an official proceeding; and 18 U.S.C. 371, conspiracy to defraud the United States government.
It’s unclear whether the select committee’s final report will recommend additional charges for Trump beyond the three described to POLITICO, or whether it will urge other criminal charges for other players in Trump’s bid to subvert his 2020 loss. According to the people familiar, the document includes an extensive justification for the recommended charges.
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The referral prosecution will be devastating for Trump if it recommends that he should be prosecuted for an insurrection against the United States of America. The other charges of obstruction and defrauding are not as easy for regular people to understand, but an insurrection referral is like labeling Trump a threat to the United States of America, who tried to attack his own country.
The criminal referrals matter because they will drive home the message that Donald Trump committed crimes on 1/6. Even if the DOJ doesn’t act on the referrals, they will still send a loud message and damage Trump’s 2024 comeback dreams.
Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association
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