There is a rush to complete their work. On January 2nd, possibly the 3rd, the House will disband the Committee investigating January 6th in favor of investigating the investigators and investigating why Nancy Pelosi couldn’t stop the insurrection they planned. This is the payback that Republicans now do. “Investigate one of us? Get ready for massive legal bills in fighting off our investigation of you.” It is one of the few “issues” Republicans care about, other than absolute power.
So, in the last two weeks of existence, on Monday, the January 6th Committee will vote on referring the matter to the Department of Justice. A Congressional referral doesn’t mean DOJ must prosecute. It does mean that DOJ must make a damned serious investigation and decision. Of course, the Committee itself woke Garland and the FBI up and embarrassed them into “starting” their own investigation, one which better be near complete by now.
We all knew that the Committee would make some kind of referral on some kind of charge. We did not know that one of the charges up for serious consideration is insurrection itself.
From Politico:
The Jan. 6 select committee is preparing to vote on urging the Justice Department to pursue at least three criminal charges against former President Donald Trump, including insurrection.
The report that the select panel is expected to consider on Monday afternoon, described to POLITICO by two people familiar with its contents, reflects some recommendations from a subcommittee that evaluated potential criminal referrals.
Among the charges that subcommittee proposes for Trump: 18 U.S.C. 2383, insurrection; 18 U.S.C. 1512(c), obstruction of an official proceeding; and If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both
From the Legal Information Institute: Insurrection: 18 U.S.C. 2383
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
Aid and comfort thereto. They don’t even need to prove incitement, nor does the strict reading of the statute require that the aid and comfort need be afterward. It could be before when, say, setting up a war room in the Willard Hotel, giving instructions to Mark Meadows, hiding in the White House, and refusing to call in the military in a timely manner… the list would be quite long.
And one other crime jumps out at one: Defraud the United States Gov. 18 U.S.C. Sec. 371
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
That is the alternate electors’ scheme which is almost proven. Additionally, we know that there is evidence that some members of the Secret Service were involved.
These are not the most serious felonies to which Trump has exposure. These are just the penalties if Trump was charged and convicted of espionage, a crime listed in the search warrant:
Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law
A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
By law, it would seem as though Trump would lose Mar-a-Lago, and that’s non-negotiable. Sentencing – even though there are guidelines, is always left up to the judge. Espionage also carries a possible ten-year prison sentence, though a first-time offender would likely face 25-33% of the possible sentence.
I’ll say again, if the jury finds that Trump used Mar-a-Lago to hide files for nefarious purposes under the espionage act, he will lose Mar-a-Lago.
I have been on record since June (on another site) stating that the Florida files case represents the most serious danger to Trump from a criminal perspective. It is just so much cleaner than all the moving parts in the January 6th case. But it will not be a referral made by the Committee. The Committee seems to be referring only to the most obvious possible charges to Congress… pending the vote on Tuesday.
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[email protected], @JasonMiciak, Substack: ‘Elon Musk Is One of the World’s Most Dangerous Figures.”
How will I keep my schadenfreude to manageable levels?
From what I can tell DOJ was in fact investigating (seriously btw) at least since back in late winter/early spring of this year. All along in fact there has been discussion with Congress (the J6 Committee and their staff), DOJ/the FBI and state proseucutors. In part to keep them from stepping on each other’s work, especially since grand jury proceedings are secret. Those who provide evidence are free to speak up but most people prefer to stay out of the spotlight – or at least their lawyers ride herd on them to do so. The J6 Committee has in fact frustrated DOJ since at least early summer and it appears going back well before that over refusal to share what they were getting with DOJ. So while some criticism is probably warranted I’d respectfully suggest you are rather harsh in your assessment.