The House Jan. 6 committee met Sunday to finalize its plans to issue at least three criminal referrals for former President Donald Trump, NBC reports.
The committee, gathering publicly Monday, is expected to vote on referrals asking the Justice Department to pursue at least three criminal charges against Trump related to the Capitol riot: obstructing an official proceeding, conspiracy to defraud the government and inciting or assisting an insurrection.
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 or whether it will urge other criminal charges for other players in Trump’s bid to subvert his 2020 loss. The document, according to the people familiar, includes an extensive justification for the recommended charges.
To justify incitement of insurrection, the report references U.S. District Court Judge Amit Mehta’s February ruling saying Trump’s language plausibly incited violence on Jan. 6, 2021, when a mob of his supporters besieged the Capitol in a bid to disrupt congressional certification of his loss to Joe Biden. The report also cites the Senate’s 57 votes in last year’s impeachment trial, Trump’s second, to convict him on an “incitement of insurrection” charge passed by the House.
The select panel’s report also notes that, in order to violate the insurrection statute, Trump did not need an express agreement with rioters — but rather, simply needed to provide “aid or comfort” to them.