House panel’s possible options for alleging Trump 1/6 crimes

By MARY CLARE JALONIC

WASHINGTON (AP) — The Senate acquitted former President Donald Trump last year of inciting the Capitol insurrection. But neither Trump nor any of his top advisers have faced charges over the attack in a court of law, and it’s uncertain if they ever will.

But increasingly, lawmakers on the House committee investigating the Jan. 6 assault are pressing Attorney General Merrick Garland to investigate Trump and his associates. They’ve been laying out possible crimes in at least one court filing and openly discussing others, all related to that day’s violent attack by Trump supporters looking to disrupt Congress’ formal certification of his reelection defeat.

Here’s a look at some of the suggested crimes floated by the House panel:

CRIMINAL CONSPIRACY TO DEFRAUD THE UNITED STATES

After floating possible crimes for several months, lawmakers on the panel put it on paper for the first time in a March court filing. The filing was in response to a lawsuit from John Eastman, a lawyer and law professor who was consulting with Trump while attempting to overturn the election and who tried to withhold documents from the committee.

The committee argued that it has evidence supporting the idea that Trump, Eastman and other allies of the former president “entered into an agreement to defraud the United States.” The panel says Trump and his allies interfered with the election certification process, disseminated misinformation about election fraud and pressured state and federal officials to assist in that effort.

OBSTRUCTION OF AN OFFICIAL PROCEEDING

Late last month, U.S. District Court Judge David Carter appeared somewhat swayed by the panel’s arguments. In ordering Eastman to turn over the materials, Carter wrote that the court “finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”

In the filing, the committee argued that Trump either attempted or succeeded at obstructing, influencing, or impeding the ceremonial process on Jan. 6 and “did so corruptly” by pressuring Vice President Mike Pence to overturn the results as he presided over the session. Pence declined to do so.

“President Trump and members of his campaign knew he had not won enough legitimate state electoral votes to be declared the winner of the 2020 Presidential election during the January 6 Joint Session of Congress, but the President nevertheless sought to use the Vice President to manipulate the results in his favor,” the committee wrote.

COMMON LAW FRAUD

 

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