Politico reports that the January 6th Select Committee will refer three charges against Donald Trump for his role in the organization and incitement of the group of Republican-led domestic terrorists who led the attack on Congress January 6th, as well as the ensuing coverup of various people’s involvement.
One of the charges will be insurrection (18 U.S.C. 2383), obstruction of an official proceeding (18 U.S.C. 1512(c)), and conspiracy to defraud the United States government (18 U.S.C. 371).
A committee referral for charges has no real weight in the Department of Justice’s decision to indict an individual, but it is a strong indication that the committee, which is comprised of a number of people with education and experience in legal and court proceedings, believes it has sufficient evidence on which to pursue charges. The downside of a committee referral is that the potential for future charges will come with a cry of political influence from Trump supporters, but then any charges would because they think Trump is being politically persecuted, not being held responsible for his own actions. Of course, the Department of Justice has been investigating Trump on its own for at least a year, so that point would be moot, and Special Counsel Jack Smith has been assembling a case with the information the DOJ already has in its possession.