For nearly two years, US Democrats have described Donald Trump and far-right Republicans as “insurgents”. Today, a congressional panel investigating the January 6, 2021 attack on the Capitol has formally recommended insurrection charges against the former US president.
While outlining the case against Trump on Monday, the Democratic-led committee shed light on criminal referrals. The committee accused him of supporting the unrest by inciting false election fraud and “calling” his supporters to Washington, D.C., before they stormed the legislature.
The committee voted unanimously to recommend four criminal charges to the U.S. justice system against Trump, who will run for president in 2024.
The recommendations are not legally binding, and it is up to the Justice Department to decide whether to indict the former president. But the criminal referral marks the final conclusion of the commission’s months-long investigation into the January 6 incident. No previous U.S. president has ever been indicted on criminal charges.
Earlier, Trump and his allies baselessly claimed that the 2020 election was “stolen.” On the same day, a group of Trump supporters broke into and ransacked the Capitol building in an attempt to prevent the certification of President Joe Biden’s victory.
“Significant” Evidence
Hundreds of alleged rioters face criminal charges for breaking into the Capitol, and many have pleaded guilty. Democratic Congressman Jamie Ruskin outlined the panel’s recommendations on Monday, emphasizing the need to prosecute the “masterminds” of the attacks, not just those involved.
“Our justice system is not one that puts foot soldiers in jail and plotters and ringleaders a free pass,” he said.
Subodh Chandra, a civil rights lawyer and former U.S. attorney, said the Justice Department will have discretion when it brings charges.
Chandra told Al Jazeera, “The (committee’s) report has weight because it summarizes the nature of the evidence found and highlights its importance. But the committee’s opinion does not necessarily affect the Justice Department, which will make its own independent judgment. .”
He also said he did not want prosecutors to give Trump any special treatment because he is running for president.
Chandra said, “The Justice Department has every obligation to treat ordinary citizen Trump like the rest of us. He should have all the rights the rest of us have, but nothing more, and should not be given special treatment.”
Trump has denied any wrongdoing and continues to baselessly insist that massive election fraud was the cause of his 2020 loss.
The former president echoed the group’s recommendations in a statement, “These people don’t understand that when they come after me, freedom-loving people will gather around me. It strengthens me. What doesn’t kill me Everything makes me stronger.” While some of Trump’s staunchest supporters have come forward to defend him, others in the Republican Party have remained silent on the matter.
suggested charges
The committee recommends referring these criminal charges to Trump:
- obstruction of official process
- Conspiracy to defraud the United States
- Conspiracy to make false statements to the federal government
- inciting, supporting or assisting rebellion
Al Jazeera breaks down the possible criminal charges and their implications below.
obstruction of official processis a common allegation by the Justice Department. In the case of the 6 January incident, hundreds of people suspected of involvement in the attack have been indicted on this specific charge.
Ruskin said the law makes it illegal “for any person to corrupt, obstruct, influence or impede any official process of the United States government.”
The Jan. 6 riots were aimed at disrupting the joint session of Congress that would certify Biden’s victory in the 2020 election.
In previous public hearings, the committee pushed to link Trump to the Jan. 6 violence, emphasizing his call for protests in Washington weeks before the unrest. The former president tweeted on Dec. 19, 2020, “Massive protests in Washington DC on Jan. 6. Get there and go crazy!”
Several witnesses also confirmed that Trump had wanted to personally join the demonstration at the Capitol on January 6, but was stopped by Secret Service agents for security reasons.
Conspiracy to defraud the United Statesis a crime based on a broad set of laws. The law makes it illegal not only to deceive the United States for material gain, but also to obstruct government functions through dishonest means.
“The general purpose of this section of the statute is to protect the functioning of government from the frustration and distortion of deceptive practices,” the Justice Department states in its Criminal Resource Handbook.
On Monday, Ruskin said the committee recommended charges against Trump, along with attorney John Eastman and others involved in overturning the 2020 election.
Conspiracy to make false statements to the federal governmentis a charge based on violating a law that criminalizes “knowingly and willfully” making “materially false, fictitious or fraudulent statements or representations” to U.S. government agencies.
Regarding Trump, Ruskin explained on Monday, the 19th, that the accusation stems from his actions to advance the list of “fake electors” from states won by Biden in order to overturn the 2020 voting results.
Previously, the committee had said Trump and his allies had drafted lists of replacement electors from swing states for then-Vice President Mike Pence to prevent his transfer of power in a certification ballot ceremony.
And Pence refused to agree to the plan.
“The evidence clearly shows that President Trump conspired with others to submit false voter rolls to Congress and the National Archives,” Ruskin said.
“We believe the evidence presented in our report is sufficient to refer former President Donald Trump and others connected to this crime to a criminal case.”
inciting, supporting or assisting rebellionIt is the most serious charge the committee has made against Trump.
In simple terms, rebellion means rebellion against the government.
The law reads, “Any person who instigates, supports, aids, or participates in any rebellion or conspiracy against the authorities of the United States or its laws, or renders aid or support thereto, shall be liable under this offense to a fine or to imprisonment for a term not exceeding ten years, or two Both. And must not hold any office in the United States.”
Ruskin said the panel had gathered “more than enough evidence” to prove that Trump aided and supported the Jan. 6 rioters and attempted to undermine the peaceful transfer of power.
He also noted that insurrection is “a serious federal crime rooted in the Constitution itself, which repeatedly opposes insurrection and domestic violence.”
“Crime Clues”
Lawyer Chandra said the insurrection charge was appropriate based on the evidence presented by the committee.
He told Al Jazeera, “Donald Trump is fomenting an uprising against the US government and against the peaceful transfer of power process under our Constitution.”
“The evidence is overwhelming. Our government is a government of laws, not individuals. If he breaks the law, he should be held accountable like anyone else.”
The criminal case against Trump would be unprecedented. No other former U.S. president has faced criminal charges. Furthermore, none of the rioters charged on Jan. 6 have been charged with insurrection, although members of the far-right Proud Boys are on trial on sedition charges.
Chandra stressed that the complex investigation would take time to properly unfold, saying it could disappoint the public.
Chandra also noted, “In the end, though, the evidence has been able to briefly reveal what Donald Trump knew, when he knew it, what he did, what he said. A notorious trail of incrimination was left behind.”