It took 18 months but the January 6th Committee did its job and defended the Constitution. Today the Committee voted to refer four federal crimes committed by the insurrectionist in chief, Donald J. Trump to the Department of Justice. It also recommended that four of his leading co-conspirators face prosecution for plotting the overthrow of the United States government including, Mark Meadows, Rudy Giuliani, and John Eastman. The Committee summed up its extensive findings with this statement,“Each of these actions by Donald Trump was taken in support of a multi-part conspiracy to overturn the lawful results of the 2020 Presidential election.” The four criminal actions referred are: inciting or abetting an insurrection,18 USC§1512(c); conspiracy to make false statements to the United States, 18 USC§§ 1001, 371; conspiracy to defraud the United States, 18 USC § 371; and obstructing an official proceeding 18 USC § 1512(c). The charge of seditious conspiracy was not referred to DOJ since the members could not reach an agreement on it. Of course if more evidence is developed by the Special Prosecutor from high- level insiders, evidence of the requisite specific intent may be found. What is clear at this point is that Individual One intended to contest a loss of the election months before it occurred.
It should be noted that while these recommendation are not binding on the Justice Department, the referrals put considerable pressure on the Department to bring indictments. The Committee's staff was stacked with former federal prosecutors, so their evaluation of the evidence against the Conspirator in Chief should be persuasive, if not authoritative. Failure to indict the former president would undermine what credibility the Department has for impartiality,
This is the first time in American history that a former president has been referred by Congress for prosecution. In addition to recommending he be indicted, the Committee referred four Congressmen who refused to comply with its subpoenas to the House Ethics Committee. They are: Scott Perry (R-PA) Jim Jordan (R-OH) Andy Biggs (R-AZ) and Kevin McCarthy (R-CA). Given that control of the House switches to Repugnants in January, it is unlikely they will face any consequences for their contempt.
One positive development in the aftermath of this unprecedented attempt to corruptly seize power is the anticipated passage of legislation reforming the 135 year-old Electoral Count Act, which the conspirators sought to manipulate, and thereby install their leader into the Oval Office. Absent a Constitutional amendment eliminating the antiquated and undemocratic Electoral College, reform of these rules is absolutely necessary to prevent another coup attempt by a desperate sociopath in the future.
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| credit: M Luckovich, Atlanta Journal-Constitution MAGAMan sez: All I want for Christmas is bail! |