The House select committee has agreed to make criminal referrals to the Department of Justice at the conclusion of their investigation into the Jan. 6 insurrection, and legal experts expect Donald Trump will be one of their targets.
The panel hasn't announced who will be the subject of a referral or how many individuals will be targeted, but former U.S. attorney Barbara McQuade told MSNBC's "Morning Joe" the former president will almost certainly be recommended for prosecution on at least two charges.
"It's hard to imagine that list will not include Donald Trump," McQuade said. "We heard [Rep.] Liz Cheney give a summation where she talked about evidence that Donald Trump and others in his close associates engaged in conspiracy to defraud the United States and obstruction of an official proceeding. Even if they don't have evidence that connects Donald Trump to the actual physical attack on the Capitol, those two crimes can be proved simply by the pressure applied on Mike Pence to try to delay and subvert the counting of the election on Jan. 6."
"I'd be really surprised if his name is not on the list," she added. "It would also include others assisting in that plot, like John Eastman and Jeffrey Clark, but, of course, remains to be seen. Now it's largely symbolic. The Justice Department will do what it wants to do, but I think it's important that symbolically this committee does give that referral to send the message to the country that this is what we found, and I think that's important for accountability purposes."
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