Jan 6 panel recommends criminal charges against Donald Trump: What this means for the former president

Former US president Donald Trump has decried the congressional committee’s recommendation of criminal charges against him.

On Monday (19 December), the House committee – investigating the 6 January 2021 attack on the US Capitol – voted to refer criminal charges against Trump to the Department of Justice.

Reacting to the referral, Trump wrote on his Truth Social platform, “This whole business of prosecuting me is just like impeachment was — a partisan attempt to sideline me and the Republican Party”.

“These folks don’t get it that when they come after me, people who love freedom rally around me. It strengthens me. What doesn’t kill me makes me stronger. Americans know that I pushed for 20,000 troops to prevent violence on 6 January, and that I went on television and told everyone to go home”, the former US president said in a statement, as per Indian Express.

What are the charges against Trump outlined by the congressional committee and what is a criminal referral? What does it mean for the Republican leader? We explain.

The case against Donald Trump

As per the final report of the congressional committee, then US president Donald Trump instigated the attack on the US Capitol last year and provided “aid and comfort” to the rioters, reports BBC.

Seven Democrats and two anti-Trump Republicans voted on Monday to refer Trump to the Justice Department, alleging that he spread “baseless claims” about voter fraud in order to upend Joe Biden’s 2020 presidential election victory.

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“None of the events of 6 January would have happened without him,” the summary of the report says.

Further, the committee accused Trump of four charges including obstruction of an official proceeding; conspiracy to defraud the US; conspiracy to make a false statement; and inciting, assisting, aiding, or comforting an insurrection.

“The committee has developed significant evidence that president Trump intended to disrupt the peaceful transition of power under our Constitution,” Representative Jamie Raskin said highlighting the panel’s findings, reported AFP.

“We believe that the evidence described by my colleagues today, and assembled throughout our hearings, warrants a criminal referral of former President Donald J Trump,” he added.

Representative Liz Cheney, the committee’s vice chair, said Trump was “unfit for any office.”

What is a criminal referral?

The committee, which will cease to exist on January 3 as Republicans take over the House majority, has voted in favour of a historic criminal referral against Trump.

A referral is a recommendation to the Justice Department to probe and consider charging the individuals in question, says CNN.

However, it is largely a symbolic gesture and does not mandate the Justice Department to act.

The committee chairman Bennie Thompson, a Mississippi Democrat, told CNN that they have “clear” evidence against Trump, adding that he is “convinced” that the department will ultimately charge the Republican.

The referral marks the end of a 17-month-long investigation that consisted of over 1,000 witnesses, 10 televised public hearings and over one million documents, reports Associated Press (AP). 

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What does this mean for Trump?

The congressional committee has no power to prosecute any individual.

However, the panel’s recommendation to investigate Trump on four potential crimes, has increased the “prospect of an indictment, or even a conviction, of the former president”, says The Conversation.

Now the ball lies in the court of the Justice Department. Moreover, the department has its own ongoing federal investigation into the US Capitol riots, which is being overseen by a special counsel.

“This is a massive investigation that the committee has undertook. Huge amounts of evidence, a huge amount of witnesses being identified,” former federal prosecutor Shan Wu told CNN.

“I think it’s the detail that accompanies the referrals themselves and the report that will give a roadmap to DOJ. DOJ has been kind of late to this party and they are playing catch-up but that detail could be very helpful to them and will put a lot of pressure on them as well”, Wu added.

If the department does convict Trump and he lands in jail, the Republican can still contest the presidential race in 2024 and even run the Oval Office from prison.

The businessman already announced his bid for the Republican presidential nomination in 2024 in November this year.

If he wins the election, the Congress has the option to impeach him and remove him from office, notes The Conversation.

However, Trump faces many challenges in winning the 2024 nomination.

Not only is he unpopular among a large number of Americans as per a recent survey, but he also has several Republican rivals to run up against him.

With inputs from agencies

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