Democracy Has Prevailed.

December 19, 2022

December 19 - What To Expect Tody

 From The NYTimes:

The House committee investigating the Jan. 6 attack on the Capitol will hold its last public meeting on Monday afternoon, ending an 18-month investigation with the approval of its final report and a vote on issuing criminal and civil referrals against former President Donald J. Trump and his top allies.

During a business meeting at 1 p.m., the committee is expected to discuss some of the findings in its final report and recommendations for legislative changes.

The panel is also expected to vote on referring Mr. Trump to the Justice Department on charges of insurrection, obstruction of an official proceeding of Congress and conspiracy to defraud the United States, according to a person familiar with the matter.

Referrals against Mr. Trump would not carry any legal weight or compel the Justice Department to take any action, but they would send a powerful signal that a congressional committee believes the former president committed certain crimes.

Politico has a little more:

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.

Insurrection - 18 U.S.C. 2383:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

Obstruction of an official proceeding - 18 U.S.C. 1512(c):

Whoever corruptly (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

Conspiracy to defraud the United States government - 18 U.S.C. 371:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

Then there's this from PBS:

The committee on Monday could also make ethics referrals involving fellow lawmakers.

“We will also be considering what’s the appropriate remedy for members of Congress who ignore a congressional subpoena, as well as the evidence that was so pertinent to our investigation and why we wanted to bring them in,” Schiff said. “We have weighed what is the remedy for members of Congress. Is it a criminal referral to another branch of government, or is it better that the Congress police its own?”

He said the committee considered censure and ethics referrals and will be disclosing their decision Monday.

Lawmakers who did not comply with subpoenas from the Jan. 6 committee included House Republican leader Kevin McCarthy of California, as well as GOP Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama.

And there's our old friend Scott Perry of Pennsylvania. Who else in PA is attached to Scott Perry's tainted coattails?

I'll give January 6 Committee member Adam Schiff the final word on this. From CNN:

Schiff reiterated Sunday that he believes there is evidence that Trump committed criminal offenses related to his efforts to overturn the 2020 election.

“Viewing it as a former prosecutor, I think there’s sufficient evidence to charge the president,” he said. “The evidence seems pretty plain to me.”

“This is someone who, in multiple ways, tried to pressure state officials to find votes that didn’t exist. This is someone who tried to interfere with a joint session, even inciting a mob to attack the Capitol. If that’s not criminal, then I don’t know what is,” he added.

Schiff declined to comment on the specific charges the committee is planning to refer to the Justice Department as it relates to the former president, but he made clear he thinks Trump violated multiple criminal statutes, including one for insurrection.

“If you look at Donald Trump’s acts and you match them up against the statute, it’s a pretty good match,” Schiff told Tapper when asked specifically about a charge of insurrection.

“I think the president has violated multiple criminal laws. And I think you have to be treated like any other American who breaks the law, and that is, you have to be prosecuted,” he said