In interviews over the weekend, members of the House select committee investigating the January 6 attack on the Capitol said that the ultimate decision on whether or not to prosecute former President Donald Trump for his role in the far right attack will be unanimous — and that there is enough evidence to do so.
Interview with CNN’s Jake Tapper on Sunday, committee member Rep. Adam Schiff (D-California) said that the two Republicans and seven Democrats on the committee work with “a high degree of consensus and unanimity” and that he is personally leaning toward a referral.
“It will be certainly, I think, my recommendation, my feeling, that we should make referrals, but we will get to a decision as a committee, and we will all abide by that decision, and I will join our committee members if they feel differently,” Schiff said.
“I do agree there have been several laws broken and it is, I think, apparent that there is evidence that Donald Trump was involved in breaking several of those laws,” he continued. “When Congress does find evidence that people have broken the law, it is not always the case that it makes a referral, but in circumstances like these, I think that’s the better part of the argument.”
Rep. Liz Cheney (R.Wyoming), also stated that the decision would be unanimous during an interview with the Texas TribuneOver the weekend
Cheney stressed that Trump was involved in the attack. “One of the things that has surprised me the most about my work on this committee is how sophisticated the plan was that Donald Trump was involved in and oversaw every step of the way,” she said. “It was a multipart plan that he oversaw, he was involved in personally and directly.”
“In whatever action we take, we will be unanimous,” she said.
The lawmakers don’t have the power to charge Trump, but can make a criminal referral to the Department of Justice(DOJ), who would decide whether or no action should be taken. The DOJ has the power to decide to bring Trump to court at any time without referring anyone. It’s unclear if the DOJ is currently investigating Trump in relation to the attack, but it has subpoenaedDocuments provided to the January 6 committee indicate that it may at most be considering an investigation.
Cheney and Schiff’s statements differ slightly from what members were saying about the referral decision this summer. Committee Chair Bennie Thompson (D-Mississippi) said in June that making such a referral is “not our job,” and that the group’s role is simply to gather and present evidence, which the DOJ can decide whether or not to use.
Committee members immediately rejected Thompson’s statement, however, saying that the group hasn’t yet made a decision on the referral and that if they did find criminal conduct — which the group has suggested they have — it would be their duty to make such a referral.
Interviews are coming before A public hearingThe committee has scheduled Wednesday’s meeting for Wednesday. This will include footage from the attack and not-yet-released witness testimony. This could potentially include testimony from Clarence Thomas’s wife, Ginni Thomas, whose texts show CoordinationWith high-ranking officials to overturn the results.
The committee could also discuss a telephone call made from White House switchboard. a Capitol attacker during the assault, whose existence was made public by a former GOP lawmaker as well as a committee staffer on Sunday. The contents of the 9-second phone callAnton Lunyk is a Trump supporter.
