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The US Congressional Committee, which is investigating last year’s Capitol riot, will criminally refer the Department of Justice, according to its chairman.
Bennie Thompson, a Democrat from Mississippi, told reporters the committee had agreed to take the step but was still discussing who to recommend.
It is expected that she will meet later on Tuesday to discuss next steps.
The Democrat-led body in the House of Representatives has addressed the attack on Congress on January 6, 2021.
Hundreds of supporters of former President Donald Trump stormed the Capitol that day to thwart confirmation of Joe Biden’s election victory.
Around 900 people were arrested in connection with the uprising, which has led to hundreds of criminal charges. A total of 173 people were convicted of crimes including bodily harm, entering a restricted area, and destroying government property.
The House Committee has previously signaled that it could criminally inform the Department of Justice about the efforts made by Mr. Trump and his allies to challenge the results of the 2020 election.
And although the panel has no authority to prosecute, the Department of Justice could theoretically initiate criminal proceedings.
Speaking to reporters outside the Capitol, Thompson said the panel had “made decisions about criminal transfers.”
“I wish I could tell you one, two, three, four, but it’s all still being discussed,” he said. When asked whether the committee was considering a referral for Mr. Trump, it replied: “Good try.”
Democrat Jamie Raskin of Maryland said a subcommittee was “submitting various recommendations to the entire committee for consideration.”
With the Republican takeover of the House of Representatives just a few weeks away after the midterm elections, the Capitol Riot Committee is handling outstanding matters.
From the outset, the hearings were structured more like a criminal prosecution of Donald Trump and his staff than an indefinite public hearing.
Chair Bennie Thompson, Vice Chair Liz Cheney, and the rest of the Committee have set out what they believe the former president’s means, motivations, and opportunities are for the crime of undermining a presidential change of power.
While this strategy has hitherto been used for the Court of Public Opinion and not for an actual jury, Mr. Thompson has now confirmed that the committee’s work will also include a recommendation for actual criminal charges.
But against whom and for exactly what remains to be seen.
The announcement will once again pressure the Department of Justice to initiate further criminal proceedings related to the attack — and if the target of the bill is also Mr. Trump, this case could fall into the lap of newly named special counsel Jack Smith.
In nine public hearings, the committee’s seven Democrats and two Republicans have investigated the uprising and the events that led up to it.
Its members have claimed that Mr. Trump’s public opposition to the 2020 election result has prompted his supporters to storm the halls of Congress to prevent Mr. Biden from being certified as the winner.
Mr. Trump has repeatedly criticized the committee and its members, calling the investigation a ruse intended to distract US voters from the “disaster” of Democratic governance.
The imminent takeover of the House of Representatives by the Republicans means the panel’s work will be completed on January 3.
In a letter to Mr. Thompson, the Republican asked Kevin McCarthy — who hopes to become the next Speaker of the House of Representatives — to keep records last month and warned that members of his party would try to investigate the panel.
In a separate development on Tuesday, Jack Smith — the newly appointed special counsel who oversees the Department of Justice’s investigation into Trump’s alleged role in the riots — subpoenaed election officials in Arizona, Michigan, and Wisconsin.
The inquiries concern any communication with Mr. Trump and his team that took place between June 1, 2020 and January 20, 2021. All three states were an important part of Mr. Trump’s efforts to win the election.
Mr. Smith, a former war crimes prosecutor, is also leading the Department of Justice’s investigation into Trump’s potential handling of classified information by Mr. Trump. His work is independent of that of the Congressional Committee.
Ultimately, it will be Mr. Smith’s decision whether or not the former president, who announced his candidacy for 2024 in November, will be prosecuted. Mr. Trump has repeatedly denied wrongdoing.
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Watch: Five key moments from the first hearing on the US Capitol riots