The Archive

Happy Monday afternoon.

New: The Jan. 6 select committee voted unanimously today to refer President Donald Trump to the Justice Department for criminal prosecution on four different charges.

The panel referred Trump for prosecution on impeding an official proceeding of the U.S. government; conspiring to defraud the United States; knowingly and willfully making materially false statements to the federal government; and inciting or assisting in an insurrection.

The panel also referred Trump lawyer John Eastman for prosecution for impeding an official proceeding of the U.S. government. Other Trump associates were also cited in the panel’s final report for possible investigation for their effort to overturn the 2020 election.

“The whole purpose and obvious effect of Trump’s scheme was to obstruct, influence and impede this official proceeding: The central moment for the lawful transfer of power in the United States,” Rep. Jamie Raskin (D-Md.) said in announcing the referrals.

These criminal referrals don’t require the Justice Department to indict Trump. But they carry significant political and moral authority, and it increases the pressure on Attorney General Merrick Garland and special counsel Jack Smith. Smith is overseeing the Justice Department’s criminal probe into the 2020 election.

At the same time, the select committee referred several House Republicans – House Minority Leader Kevin McCarthy and Reps. Jim Jordan (R-Ohio), Scott Perry (R-Pa.) and Andy Biggs (R-Ariz.) – to the Ethics Committee for defying subpoenas.

This is likely to have little impact. The Ethics Committee is evenly divided, and Republicans are certain to block any action against McCarthy, who actually appoints members to the panel.

Here are the top lines – more than 150 pages worth – from the Jan. 6 committee’s report, which is slated to be released later this week.

The criminal referral was unprecedented for any congressional committee. However, members of the panel said it was necessary due to the scale of the illegal behavior that Trump and his allies engaged in during their bid to overturn the results of the 2020 election.

“We’ve never had a president of the United States stir up a violent attempt to block the peaceful transfer of power,” said Rep. Bennie Thompson (D-Miss), chair of the select committee.

Thompson added that the “only way” to avoid a repeat of what happened on Jan. 6 from occurring again is if those behind the attack – including Trump – face prosecution for their actions.

“Accountability that can only be found in the criminal justice system,” Thompson said.

Rep. Liz Cheney (R-Wyo.), the committee’s vice chair, called Trump’s behavior during the insurrection “shameful,” especially his refusal to call in help from military units to help secure the Capitol from pro-Trump rioters.

Cheney, who lost her primary to a Trump-backed candidate, called the former president “unfit for any office.”

Rep. Zoe Lofgren (D-Calif.) suggested that “Donald Trump and his associates” offered to cover legal costs and provide jobs to potential witnesses.

Important to note: From the committee: “More than 30 witnesses invoked their Fifth Amendment privilege against self-incrimination, others invoked executive Privilege or categorically refused to appear (including Steve Bannon, who has since been convicted of contempt of Congress.” Panel members said the Justice Department may be able to extract testimony from these witnesses using subpoena power.

– John Bresnahan and Jake Sherman