1/6
Committee Digest
Country First presents the final
edition of The Digest to highlight the important work of the
1/6 Committee. We would like to give our deepest thanks to the team of
volunteers who've spent many hours and late nights helping to compile
these digests for the benefit of our movement over the past year,
including: Emily H.; Mikayla T.; Amy D.T.; Bob G.; Max F.;
Arthur H.; Nathan D.; and James C.
COMING SOON:
- The 1/6 Committee is due to release its
complete final report on Thursday, December 22nd.
Here are the major
developments from the committee's final meeting:
1/6 Committee Refers
Ex-President the DOJ on Four Counts
On Monday, the 1/6 Committee
completed its year-long investigation of Trump's attempted coup by
criminally referring the former president to the Department of
Justice. Rep. Kinzinger has previously discussed criminal referrals, calling them "more than
symbolic" and a "signal that Congress thinks a crime has been
committed and the DOJ should investigate it."
In a somber moment, the 1/6
Committee laid out its referrals to the Department of Justice. Rep.
Jamie Raskin (D-MD), described
each crime the committee believes Donald Trump and others committed.
The four counts are as follows: Obstruction of an Official Proceeding
(18 U.S.C § 1512(c)); Conspiracy to Defraud the United States (18
U.S.C § 371); Conspiracy to Make a False Statement (18 U.S.C §§
371,1001); and "Incite," "Assist," or "Aid or Comfort" an insurrection
(18 U.S.C § 2383).
Ex-President Criminally
Referred. What Does Each Count Mean?
The 1/6 Committee’s investigation
of the attack on the U.S. Capitol concluded in dramatic fashion on
Monday with the decision to criminally refer the former president to
the Department of Justice on four statutes. While Congress has the
authority to refer anyone for prosecution, they do not hold the power
to prosecute. Each count carries a different sentence and is for a different moment in which
Trump and his allies attempted to subvert the will of the American
people.
-
Obstruction of an Official
Proceeding (18 U.S.C § 1512(c))
- "...corruptly…obstructs,
influences, or impedes any official proceeding, or attempts to do
so…"
- This
charge carries a maximum sentence of 20 years in a federal
prison.
-
Rep. Raskin concluded, "The whole purpose and obvious effect of
Trump’s scheme were to obstruct, influence, and impede this official
proceeding: the central moment for the lawful transfer of power in the
United States [the Joint Session of Congress to count the electoral
votes].”
-
Conspiracy to Defraud the
United States (18 U.S.C § 371)
- "...conspire either to commit any offense against the United
States, or to defraud the United States…"
- This
charge carries a maximum sentence of 10 years in a federal
prison.
-
Raskin explained,
"In other words, to make an agreement to impair, obstruct, or defeat
the lawful functions of the United States Government by deceitful or
dishonest means."
- He also
said that Trump was not the only person who engaged in this behavior,
he worked with others. "He entered into agreements," Raskin pointed
out.
-
Conspiracy to Make a False
Statement (18 U.S.C §§ 371,1001)
- "...in
any matter within the jurisdiction of the…Government of the United
States… makes any materially false, fictitious, or fraudulent
statement.."
- This
charge carries a maximum sentence of 5 years in a federal
prison.
-
Raskin said that
the evidence shows Trump violated this statute by submitting to the
National Archives and to Congress "slates of fake electors."
- "We believe that this evidence we set
forth in our report is more than sufficient for a criminal referral,"
he concluded.
-
"Incite," "Assist," or "Aid or
Comfort" an Insurrection (18 U.S.C § 2383)
- "...incites,... assists, or engages in any rebellion or
insurrection… or gives aid or comfort thereto…"
- This
charge carries a maximum sentence of 10 years in a federal prison and
prohibits the perpetrator from holding public office in the United
States.
- "More
evidence than needed shows that Donald Trump 'assisted,' 'aided,' and
'gave comfort' to the insurrectionists who attacked the Capitol on
January 6th," said Raskin. "The committee has developed significant
evidence that President Trump intended to disrupt the peaceful
transition of power under our Constitution."
"We understand the gravity of each
and every referral we are making today, just as we understand the
magnitude of the crime against democracy," Rep. Raskin said in his
conclusion. "But we have gone where the facts and the law lead us and,
inescapably, they lead us here."
Members of Congress Referred
to the House Ethics Committee
The 1/6 Committee also referred
members of congress
to the House Ethics Committee. Minority Leader Kevin McCarthy (R-CA),
Rep. Andy Biggs (R-AZ), Rep. Scott Perry (R-PA), and Rep. Jim Jordan
(R-OH) did not comply with the committee’s subpoenas.
While these referrals to the House
Ethics Committee are unlikely to move forward (they are sure be
blocked by some members of the Ethics Committee), the 1/6 Committee
believes it is still necessary to show the American people that
Congress is not above the law.
Biggs and Jordan immediately
responded to the referrals, calling them a "sham" and a "political
stunt," despite, as a matter of fact, neither of them complying with a
congressional subpoena.
Congressman Kinzinger’s
Remarks During Final Hearing Focused on the DOJ and Election Fraud
Claims
Congressman Adam Kinzinger in his
opening remarks summarized the effort by President Trump to
corrupt the Justice Department.
"It’s of the utmost importance that
our Department of Justice operates a fair and neutral body that
enforces our federal laws without fear or favor," Kinzinger
explained.
Although Attorney General Bill Barr
had repeatedly told President Trump that there was no evidence of
fraud sufficient to overturn the election, Trump continued to spread
these false narratives to the public.
After Attorney General Barr
resigned, Trump then pressured the new acting Attorney General,
Jeffery Rosen, and the acting Deputy Attorney General, Richard
Donoghue, to "just say the election was corrupt."
Trump was again told that there was
no evidence to support his claims. As a result, he attempted to
install Jeffery Clark as acting Attorney General, who had promised to
"take the actions that Barr, Rosen, and Donoghue had refused to
take."
Trump reversed course on elevating
Clark after White House and DOJ officials threatened to resign en
masse.
Country First is proud to release
The Weekly Digest with important updates on the 1/6 Committee's
investigation of the Capitol attack. If you would like to help
contribute content to this newsletter, please e-mail [email protected].
|