Jan. 6 Committee Can Already Refer Trump To DOJ For Criminal Charges, Says GOP Critic

The congressional investigation into the Jan. 6 Capitol Riot has advanced to a stage where lawmakers can reportedly forward a criminal referral to their biggest suspect: former President Donald Trump.

On Sunday, the New York Times reported that the select committee responsible for investigating the Capitol Riot had compiled what they believe is enough evidence to suggest Trump bore criminal liability for that day. After poring over reams of documents and testimonies of figures affiliated with the planning around the Trump rally that evolved into an attack on the Capitol, proponents say it was clear the ex-president was unconcerned with the legality of his actions.

Following up on the report, Rep. Liz Cheney (R-Wyo.), one of only two Republicans sitting on the committee and a staunch critic of Trump, said that no decision has been made on a criminal referral but that the writing was on the wall.

“We have not made a decision about referrals on the committee," Cheney told CNN on Sunday. "[But] it’s absolutely clear that what President Trump was doing, what a number of people around him were doing, that they knew it was unlawful. They did it anyway.”

But the New York Times’ report also highlighted disagreements among lawmakers and their aides about referring criminal charges to Trump, a charge denied by Cheney. Several raised concerns about how the referral would be seized upon as a political witch hunt done by a Democratic-led Congress to take down Trump and prevent him from running in 2024.

Indeed, the panel investigating Trump is primarily made up of Democrats with the exception of Cheney and retiring Rep. Adam Kinzinger (R-IL.). Early in the investigation, House Republicans declined to cooperate after House Speaker Rep. Nancy Pelosi (D-CA) refused to seat firebrand Republicans requested by House Minority Leader Rep. Kevin McCarthy. Pelosi and her Democrats were concerned that the suggested members would only join to disrupt the work for Trump.

It is unclear if Trump would be charged after a referral to the Department of Justice, but the DOJ has been conducting its own investigation into the Capitol Riot that has seen well over 600 suspects indicted to date.

Several Trump aides also refused to cooperate with the committee and have been held in contempt by Congress.

On April 6, former Trump aides Peter Navarro and Dan Scavino were referred to the DOJ for criminal charges over their refusal to work together with the committee's investigators.