Attorney General Merrick Garland hasn't ruled out charging Trump over Jan. 6: 'We pursue justice without fear or favor'

The US Attorney General told NBC News that a Trump campaign wouldn't necessarily protect the former president from federal charges.

Garland made the remarks in an exclusive interview with anchor Lester Holt on "NBC Nightly News" in a segment scheduled to air in full on Tuesday night. There is an hour and a half later.

Holt asked the attorney general if the Justice Department's investigation into the insurrection would be affected by Donald Trump being elected president.

Justice is pursued without fear or favor. Everyone who was criminally responsible for the events surrounding January 6 will be held accountable. We don't pay much attention to that.

—NBC Nightly News with Lester Holt (@NBCNightlyNews) July 26, 2022

Garland doubled down when Holt asked for more specificity.

We will hold accountable anyone who is criminally responsible for trying to stop the legitimate transfer of power from one administration to the next.

According to a Rolling Stone report published earlier this month, Trump told his allies that part of the draw of holding the nation's top seat again would be the legal immunity it gives.

Garland's comments come on the heels of eight public hearings full of bombshell witness testimony presented by the House Select Committee investigating the Capitol riot. Political and legal experts are not sure if Trump will be indicted.

Robert Weisberg, a criminal law professor atSTANFORD University, previously told Insider that the decision on whether or not to charge Trump will be made by Garland. Even if Garland concludes that he has a potentially winnable case, he could still not be charged.

He has the legal power not to prosecute even if he has a legal basis for prosecution, Weisberg said.

Garland talked about the possibility of a criminal referral in the interview. The committee hasn't decided if it will issue one, but Cheney said earlier this month that the panel could make multiple criminal referrals, including one against Trump.

Garland said that a referral would be welcomed by the Justice Department, but that the act has little legal effect and is more of a symbolic measure.

That doesn't mean that it's bad or that it's not good. The issue here is that that's not what. Through the principles of prosecution we have our own investigation.