January 6 The commission has evidence for Criminal direction of Trump but split on Sending

WASHINGTON – Leaders of House committee investigating the Capitol attack divided over is it worth doing criminal appeal to the Ministry of Justice of former President Donald J. Trump, despite the fact that they concluded that they had enough evidence to do so, people involved in talked discussion.

Debate centers on Will the referral—largely a symbolic act—backfire by politically tarnishing the Justice Department’s expanding investigation into the January 6 attack and leading to up to that.

With last summer, and team of former federal prosecutors working for committee focused on on documentation attack and previous attempts by Mr. Trump and his allies to reverse his defeat in elections 2020. panel plans to issue detailed report on your own conclusions, but in in recent months he has regularly signaled that also weighing criminal direction that will force Attorney General Merrick B. Garland to open criminal Trump investigation.

Even though they concluded they had enough evidence to send Mr. Trump for obstruction of Congress and conspiracy to deceive the American people on The Committee wonders if there are any need make direction. Justice Department seems to be gaining momentum up wide-ranging investigation and referral may burden criminal case with further party baggage at a time when Mr. Trump openly flirts with Run again in 2024.

This was stated by the vice-chairman of the committee, representative Liz Cheney. on CNN on Sunday when the committee is not made a final decision about referrals and downplay any subdivisions on committee, but acknowledged substantial evidence of crime.

“I think it’s absolutely true, it’s absolutely clear what President Trump did, how many of people around him they did what they knew was illegal. They did it anyway,” said Ms. Cheney, a Wyoming Republican.

Change in committee leaders’ point of view on it was proposed to make a referral in part of a decision two weeks ago by Judge David O. Carter of Federal District Court for Central California. decision in a civil case in sought by the committee access to more over 100 emails written by John C. Eastman, lawyer who advised Mr Trump on attempts to sabotage certification of Electoral College results, Judge Carter found What was it”more more likely than not” that Mr. Trump and Mr. Eastman committed federal crimes.

The ruling prompted some committee members and staff to say that despite what they believed they had collected enough evidence to justify a challenge for accusation, judge decision will carry much more weight with Mr. Garland, than any letter of recommendation they could write, according to people with knowledge of conversations.

Members and assistants who didn’t want support direction claimed that the creation one will give the impression that Mr. Garland is investigating Mr. Trump at the behest of of Democratic Congress and what if the committee could avoid this perception should, people said.

Even final report does not include a specific letter of recommendation to Mr. Garland, the results will still be provided to the federal prosecutors with evidence found by the committee, including some that have not yet been public – this can be used as a roadmap for any prosecution, people said.

“If you read his decision, I think it’s quite eloquent,” Democratic Party spokeswoman Zoe Lofgren said. of california and dick of committee said of Judge Carter’s decision. “He and we considered a huge amount of documents, and he came to the conclusion that he stated in very sharply terms”.

Miss Lofgren is among those who I think that the referral to the Ministry of Justice is redundant, since it will not have legal force.

“Maybe we will, maybe we won- she said. of direction. “It has no legal implications.”

But the question of whether to send a referral, for one of in first times since the establishment of the commission in July, brought to light differences among members.

Rep. Elaine Luria, Democrat of Virginia and cock of panel said the committee should still send direction for any crimes he discloses.

“I would say that I disagree with that some of my colleagues We talked about it,” Mrs. Luria said. on MSNBC this month. “I think it’s a lot more it is more important to do what is right than to worry about the political consequences. This committee, our goal is legislative and supervisory, but if in well of our investigation we find that criminal activity has occurred, I think we should report it to the Department of Justice.”

Ms. Cheney called any differences minor and said that panel would work work together and come to a common agreement.

“I’m sure we work agree,” she said.

Although the staff were in discussions about the transfer, and some discussed this issue publicly, the members of the committee did not meet down together to discuss whether to continue with direction, several lawmakers said.

Rep. Pete Aguilar, Democrat of California, said the committee would probably hold off on creation final determination until investigators have completed their work. He said panel was ‘completing up’ this investigation phase and transition to more “public-facing” one in which panel present their findings.

“Participants didn’t have those kinds of conversations,” Mr. Aguilar said. of meeting to discuss potential direction. “Now we’re collecting material what we need. As an investigator phase winds down we will more talk about what the report looks like like. But we don’t guess where this will go before we go a little further. with interview”.

Although the committee has ability subpoena testimonies and documents and send them to the Ministry of Justice for criminal prosecution, he has no criminal prosecutor’s powers.

Miss Cheney singled out out Mr Trump’s behavior public hearing in December, reading from criminal code and gasket out how she believed that he interfered with Congress.

At the beginning of March, the committee in effect road tests, can the collected evidence support prosecution, establishment out in innings in civil case before Judge Carter, his position that Mr. Trump and Mr. Eastman obstructed Congress and deceived the American public.

According to legal experts, confirming the position of the committee, Judge made it is difficult for Ministry of Justice avoid investigation. Mr Garland didn’t give public indication of department intentions other than to say it will follow facts and law. But subpoenas issued by the federal grand the jury points out that prosecutors are going information about a wide array of issues, including attempts to obstruct the certification of elections by people in Trump White House and in Congress.

Investigators from the committee of the House of Representatives and the Department of Justice did not share information, except for avoid scheduling conflicts of certain witnesses.

“We want them move faster but we respect them work”, Mr. Aguilar said, adding that the committee had a different goal than the investigation of the Department of Justice: to fully investigate what led to the riots that affected more than 150 police officers, and adopt legislative steps to prevent recurrence. “It’s an insult to life of officers of the Capitol Police if we do not investigate what happened and make meaningful and specific steps to ensure that this is not happening again”.

Beyond the question of whether to do the case about Mr. Trump, the committee moved aggressively to use Ministry of Justice ensure that the witnesses are cooperating with his investigation. The Committee has made criminal recommendations against four Trump White House officials for their refusal to sit for interrogation or hand over documents accusing them of contempt of Congress. But the Justice Department only indicted one — Steven K. Bannon — frustrates the committee.

These disappointments played out in public at a hearing this month, when Ms. Lofgren said, “This committee is doing its job. The Department of Justice must do them.”

Ms. Lofgren said she didn’t mean to comment, but when she sat down on on the platform during the hearing, she decided to deviate from her planned remarks because the slowness of the department in addressing referrals of contempt ate her up.

“Some of us expressed some disappointment. I am among them,” she said. “Honestly, I didn’t mean to say that. It wasn’t my script. It wasn’t. But I thought you know, it’s frustrating. I just decided to say it.

Attempt to pressure the Department of Justice to prosecute for contempt of Congress fee more fit than others criminal directions, Ms. Lofgren argued.

“This is different from the direction in general. for prosecution,” she said. “When you’re a victim of a crime, there is some weight to it. And when you are the victim of criminal contempt like a committee, you’re a victim. And so I think there was a certain status in it.”

The Commission is preparing to public hearings in May and June, and do final report in September.

After the interview more over 800 witnesses, including more than a dozen Trump White House officials panel 100 more interviews posted up including some witnesses he wants to bring in a second time. Among those who must testify soon Stephen Miller former Trump White House Counsel, who the committee says helped spread false claims of voter fraud in elections and urged state legislatures to nominate alternative lists of electors in an attempt to annul the victory of Joseph R. Biden, Jr.

Mr. Miller sued to prevent the committee from getting access to his phone records, arguing in the part that panel invaded him parents’ confidentiality since he was on them family plan.

The committee is still deciding whether to call some key witnesses, including Mr. Trump, Vice President Mike Pence and Virginia Thomas, wife of judge Clarence Thomas, who urged Mark Meadows, head of the White House of staff at the time work save mr trump in office.

“We have completed a significant amount of work’, Ms Lofgren said. “We are going to accomplish – we hope – what we set out do, i.e. tell all story of what happened t. events of 6th and events resulting up by the day.”

Maggie Haberman made a report.

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