Jan. 6 hearing handed Merrick Garland a 'critical part of a criminal case' against Trump: legal expert

Appearing on MSNBC on Friday morning with host Jose Diaz-Balart, former U.S. Attorney Barbara McQuade claimed that the evidence produced during the first televised hearing of the House Jan. 6 committee on Thursday night can be used to prosecute former president Donald Trump.

In a prime-time presentation of its findings from a year-long probe, the special committee sought to persuade a divided country of the existence of a deep-rooted and ongoing plot -- orchestrated by the former president -- to overturn the result of the 2020 election won by Joe Biden.

Speaking with the MSNBC, McQuade noted that Attorney General Merrick Garland was reportedly going to watch the proceedings and that, if he did, likely was influenced by what he heard.

"Barbara, do you think anything we learned last night could have an impact on the Justice Department's investigation?" Diaz-Balart asked.

"I do. Some people have said this is an audience of one and it was all about persuading Merrick Garland. Merrick Garland will take his own independent assessment of the evidence and he admitted to his credit that he's watching because he might obtain some leads in watching this," she replied. "To me the biggest challenge the Justice Department has in criminal charges is showing Donald Trump's criminal intent. That is, he knew he lost and yet still tried to perpetrate this fraud on the American people."

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"And I think we did learn some new things last night that were previously unknown that could provide some important leads to the justice department in that regard," she continued. "We had that short video clips at the get-go with insiders in the Trump campaign. We had data people we had one of his lawyers, we had an aide and William Barr all saying that they knew that Donald Trump lost and told him that he lost and yet even after he knew that he continues to state repeatedly that he had won."

"That is a critical part of a criminal case against him and I think appears to be in addition to the evidence already in the public domain we learned some additional evidence that makes it difficult, I think, for people to believe that Trump genuinely believed he had won," McQuade said.

The panel's carefully produced presentation made use of testimony given behind closed doors by some of Trump's most senior and trusted advisors, including former attorney general Bill Barr and Trump's son-in-law and senior aide, Jared Kushner.

Asked to elaborate on what criminal charges could be brought, McQuade continued, "I think there are two potential crimes here. One is a conspiracy to obstruct an official proceeding and we heard a lot of that evidence last night, which was, as Liz Cheney described it, Trump summoned the mob, assembled the mob and then lit the flame. That part, I think, could show an intent to obstruct an official proceeding and prove the corrupt element necessary there you need this evidence that we just discussed was wrongful."

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"I think the other bigger crime that could be charged here potentially is a conspiracy to defraud the United States and that is the mob piece of this is only one piece," she added. "Liz Cheney last night laid out that were seven paths to stealing this election. That would be the larger umbrella scheme to defraud the United States. That means using fraud, a lie, to try to obstruct the proper functioning of government and that will require proving only one of any of those seven threads. If it's the mob, that could be a crime."

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With additional reporting by AFP