Donald Trump should face criminal charges over Capitol riots, January 6 committee recommends

US

The committee investigating the January 6 storming of the US Capitol is recommending criminal charges against former President Donald Trump.

They include conspiracy to defraud the United States; obstructing an official proceeding (the certification of Joe Biden‘s election victory); conspiracy to make a false statement and inciting or assisting an insurrection.

The recommendation is mainly symbolic – with the US Justice Department responsible for deciding whether or not to prosecute Mr Trump.

But committee chair, Democrat Bennie Thompson, said: “We have every confidence that the work of this committee will help provide the road map to justice.”

A number of recommendations are made in the final report, which accuses Mr Trump of engaging in a “multi-part conspiracy” to overturn the election.

Mr Thompson said “accountability” is the most important focus.

“We will also show that evidence we’ve gathered points to further action beyond the power of this committee or the congress to help ensure accountability in the law,” he said.

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“Accountability that can only be found in the criminal justice system.”

Mr Thompson also criticised Mr Trump for “breaking” faith in the democratic system, telling the committee: “If we are to survive as a nation of laws and democracy, this can never happen again.”

Describing Mr Trump’s behaviour on the day of the riots, committee vice chair, Republican Liz Cheney said: “In addition to being unlawful… this was an utter moral failure and a clear dereliction of duty.

“Evidence of this can be seen in the testimony of President Trump’s own White House counsel and several other White House witnesses.

“No man who would behave that way, at that moment in time, can ever serve in any position of authority in our nation again.

“He is unfit for any office.”

Ms Cheney said the committee’s work is only at the beginning, describing it as an “initial step” in addressing Mr Trump’s “efforts to remain in office illegally”.

Prosecutors are now considering the implications of the conduct described in the committee’s report, Ms Cheney added.

After the committee’s report was made public, Mr Trump posted on social media site, Truth Social: “But Liz (Cheney) lost by a record 40 points!”

His lawyer, John Eastman, said in a statement: “A criminal ‘referral’ from a congressional committee is not binding on the Department of Justice and carries no more legal weight than a “referral” from any American citizen.

“In fact, a ‘referral’ from the January 6th committee should carry a great deal less weight due to the absurdly partisan nature of the process that produced it.”

He also accused the committee of “concocting a pretend ‘criminal case’…designed to create political advantage for the Democratic Party and stigmatise disfavoured political groups”.

“The American people have been ill-served by the January 6th committee and its members,” he added.

Donald Trump and Ivanka in 2016
Image:
Donald Trump and Ivanka in 2016

Trump’s daughter ‘not forthcoming’

Mr Trump’s daughter, Ivanka, a White House advisor during her father’s tenure, apparently knew more than she was prepared to divulge, the committee believes.

The executive summary of the report said Ms Trump was “not as forthcoming” as other aides, including then-White House counsel, Pat Cipollone, about the former President’s conduct.

The committee accused her of showing a “lack of full recollection of certain issues”.

Portions of former press secretary Kayleigh McEnany’s testimony “seemed evasive” and did not seem as forthright as other press office staff, the committee said.

Ex-Trump advisor, Hope Hicks, was also accused of not being forthcoming when grilled about whether she told the president he needed to encourage supporters to be peaceful.

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The inquiry into the Capitol riots heard a phone call where Trump threatened Georgia Secretary of State Brad Raffensperger

‘A big scam’

Mr Trump’s lawyer, Rudy Giuliani, claimed voting machines had flipped votes to President Biden.

However, the committee report alleges that Mr Giuliani admitted during his deposition: “I do not think the machines stole the election”.

Other Trump lawyers and supporters invoked their Fifth Amendment privilege against self-incrimination when asked to show proof they found the election was stolen.

The committee panel said: “Not one of them provided evidence raising genuine questions about the election outcome.

“In short, it was a big scam”.

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The hearing into the 6 January Capitol riot has been given extraordinary new details of Donald Trump’s mindset during the events

Trump ‘tried to contact witnesses’

The committee said it was aware of “multiple efforts” by Mr Trump to contact unnamed witnesses during the probe, with the Department of Justice made aware of at least one incident.

Some witnesses were also described as “unnecessarily combative” while testifying, with some failing to be credible when pleading ignorance of certain circumstances – in particular those whose jobs or income were linked to Trump-affiliated organisations.

Read more:
Analysis: Why the January 6 committee vote matters to Trump
Retired policeman gets longest US Capitol riot sentence for assaulting officer

Mr Trump has already launched a campaign to seek the Republican nomination for a second run in the White House in 2024.

Making an address from his Mar-a-Lago estate in Florida, he said: “America’s comeback starts right now.”

He announced his leadership bid in November despite facing a number of investigations into the riot, which claimed the lives of five people including a police officer.

Mr Trump is said to have watched the violence unfolding on television in the White House dining room instead of intervening as supporters stormed Congress.

More than 140 police officers were injured during the disorder, which caused millions of dollars to the Capitol.

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