January 6 committee is divided on sending criminal referral of Trump to Department of Justice: report

According to The New York Times, the leaders of the House committee probing the Capitol riot on January 6, 2021, are split on whether to issue a criminal referral to the Justice Department of former President Donald Trump.

A criminal referral would allow Congress to notify the Justice Department of the possibility of criminal conduct.

There is a debate on whether a referral would tarnish the investigation into the January 6 riot.

The House committee referred the matter of the Capitol attack to the DOJ after finding former top Trump aides in contempt of Congress for refusing to answer questions.

A group of ex-federal prosecutors working for the January 6 panel have been documenting the insurrection and the effort by Trump and his loyalists to overturn the former president's 2020 election loss.

The January 6 panel is set to release a report on what it has uncovered over the past year, but the committee has recently said it was considering a criminal referral that would force Attorney General Garland to initiate a criminal investigation into Trump, according to The Times.

According to The Times, the leaders of the committee felt they had enough evidence to refer the case.

Several Democrats are hesitant to issue a referral as Trump continues to tease a presidential bid.

A federal judge said in a March ruling that Trump likely obstructed Congress when he sought to halt the certification of the Electoral College results.

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The ruling prodded some panel members and staffers to say that there was enough of a paper trail "to justify calling for a prosecution for obstructing a congressional proceeding and conspiring to defraud the American people," according to The Times.

According to people with knowledge of the situation who spoke with The Times, the actual ruling would have a bigger impact on Garland than a referral. The members and staffers who are cautious about issuing a criminal referral point are concerned about the impression that Garland was looking to investigate Trump due to the pressure from Congress.

If the final report does not include a referral letter to Garland, the revelations would still provide federal prosecutors with the evidence the committee uncovered, according to The Times.

A criminal referral is not necessary according to a member of the January 6 committee.

She told the newspaper of a referral that it doesn't have a legal impact.

The final report is set to be released in September, with the panel aiming to conduct public hearings next month and in June.

Lofgren told The Times that they have completed a lot of work.

The committee should issue a referral for any potential crimes according to Elaine Luria.

She said on MSNBC that she didn't agree with what some of her colleagues had said.