Donald Trump faces potential prosecution

Ithe House Select Committee of January 6th voted to refer former President Donald Trump to the Department of Justice for criminal investigation and potential prosecution for attempting to overturn the 2020 election (CNBC, December 19, 2022). The more than 800-page report includes extensive evidence to support the conclusion that Trump is guilty of criminal activity. The report names Trump allies as part of the conspiracy.

The following documentation from the January 6 report supports the committee’s referrals to the Department of Justice to pursue investigations and potential charges against Trump:

The January 6 Committee took extensive testimony from people who saw Trump enjoying the mob’s attack on the Capitol and his resistance to taking action to stop it.

OBSTRUCTION OF AN OFFICIAL PROCEEDING: Trump violated Section 1512 of Title 18 of the United States Code when he attempted to “prevent or delay the counting of lawful Electoral College votes certified by multiple States,” personally and repeatedly pushing the then-Vice President Mike Pence to refuse to count electoral votes (December 21, 2022, Fact check.org). The committee also found Trump responsible for recruiting tens and thousands of his armed followers to storm the Capitol and “fight like hell to save our country.”

CONSPIRACY TO DEFRAUD THE UNITED STATES: Trump “entered into an agreement with individuals to impede a legitimate function of government (the certification of elections).” The report also found that “Trump and his co-conspirators” used “deceptive or dishonest means” in their attempts to block the certification of the election. (December 21, 2022, Fact check.org).

The first criminal statute we invoke for referral is Title 18 Section 1512(c).

We believe that the evidence assembled throughout our hearings warrants a criminal referral of former President Donald J. Trump, John Eastman, and others for violations of this statute. pic.twitter.com/VLRfca2MsM

— January 6th Committee (@January6thCmte) December 19, 2022

CONSPIRACY TO MAKE A FALSE STATEMENT: This referral concerns Trump conspiring with others “to submit lists of false electors to Congress and the National Archives. Section 1001 of Title 18 specifies any member of the government who “knowingly and willfully: (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement; or (3) makes or uses any false writing or document knowing that the same contains a materially false, fictitious or fraudulent entry. (Factcheck.org).

INCITING, ASSISTING, OR AIDING AND COMFORTING AN INSURRECTION: Committee members say the available evidence shows that Trump violated 18 USC 2383, which applies when a person “incites, sets up, assists, or engages in any rebellion or insurrection against the authority of the United States or its laws, or affords them aid or comfort.” The committee said Trump summoned his supporters to the Capitol, told them to fight like hell to take back their country and told the crowd if “Mike Pence does the right thing, we win the election.”

This investigation along with the stolen Mar-a-Lago document investigation is now in the hands of Department of Justice Special Counsel Jack White. The list of witnesses, predominantly Republicans, who volunteered or cooperated with the committee by providing eyewitness accounts of Trump knowing about the impending violent mob coming to the Capitol to do whatever he asked them to do, from the moment in which Trump learned that the crowd was chanting “hang Mike Pence” he should take action to clear the rioters from the Capitol. He did not take that action, therefore, lives were threatened and some were lost because Trump’s ego needed to see that he was still loved and respected. Watching his supporters nearly destroy our democracy inflated his self-esteem and encouraged him to continue the “big lie” narrative.

Obviously in the list of charges it is not mentioned that the Dems hoped that the assault on the Capitol would take place. For example, the scene of the police who, in the face of a foreseeable event, let in the crowd of demonstrators, is there for all to see. Equally significant are the twitter file that Elon Musk is spreading publicly, which demonstrate illegal strategies of censorship and routing of public opinion. Finally, the war in Ukraine: the Biden administration is up to its neck in this enormous tragedy both through a mix of personal interests and through areas that go beyond doing the common good.