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      Exclusive: January 6 panel considering Trump referral to justice department for obstruction of Congress

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      Exclusive: January 6 panel considering Trump referral to justice department for obstruction of CongressSubcommittee recommended Trump could also be referred for conspiracy to defraud the United States, sources say The House January 6 select committee is considering a criminal referral to the justice department against Donald Trump for obstruction of an official proceeding of Congress and conspiracy to defraud the United States on the recommendation of a special subcommittee, according to sources familiar with the matter.The recommendations on the former president – made by the subcommittee examining referrals – were based on renewed examinations of the evidence that indicated Trump’s attempts to impede the certification of the 2020 election results amounted to potential crimes.The select committee could pursue additional criminal referrals for Trump and others, given the subcommittee raised the obstruction of an official proceeding and conspiracy to defraud statutes among a range of options, including insurrection, and discussions about referrals continued on Thursday, said the sources.The referrals could also largely be symbolic since Congress has no ability to compel prosecutions by the justice department, which has increasingly ramped up its own investigations into Trump’s efforts to overturn the 2020 election and subpoenaed top aides to appear before federal grand juries.The recommendations presage a moment of high political drama next Monday, when the full panel will vote publicly to adopt its final report and formally decide on making referrals, and increase pressure on the attorney general, Merrick Garland, to seek charges over January 6.Trump could be referred for obstruction of an official proceeding, the subcommittee is said to have concluded, because he attempted to impede the certification and did so with a “consciousness of wrongdoing” – as the panel has previously interpreted the intent threshold.The former president was seen to have met the elements of the offense since he relentlessly pressured Mike Pence to refuse to count electoral college votes for Joe Biden, despite knowing he had lost the election and had been told the plan was illegal.Trump could also be referred for conspiracy to defraud the United States, the subcommittee suggested, arguing the former president violated the statute that prohibits entering into an agreement to obstruct a lawful function of government by dishonest means.The conspiracy charge was seen to be broadly applicable because Trump’s agreement with key lawyers – and potentially even the rioters – did not need to be overt, while the plan to have Pence reject Biden slates of electors with Trump slates that did not exist was deceitful.The discussions about referring Trump for obstruction of an official proceeding and conspiracy to defraud appeared to build upon the major win for the panel in May, when a federal judge found that Trump and the lawyer John Eastman likely engaged in felonies in trying to subvert the 2020 election.In the ruling, US district court judge David Carter in California ruled that Trump and Eastman had concocted a “coup in search of a legal theory” and ordered Eastman to turn over his most sensitive emails to the investigation, citing the crime-fraud exception to attorney-client privilege.The emails later showed that Eastman had admitted that he knew that having Pence interrupt the January 6 certification was illegal – and yet urged Pence’s counsel Greg Jacob that the then-vice president should move ahead with the plot anyway.The panel may not adopt all of the options presented by the subcommittee – it also suggested civil referrals to the House ethics committee for GOP congressmen and the disbarment of some Trump lawyers, among a number of options, though a witness tampering referral for Trump is no longer under consideration.But members on the select committee have resolved to suggest criminal and civil charges to some degree, and any referral letters would be accompanied by supporting evidence not dissimilar to prosecution memorandums that are routinely drawn up by the justice department, one of the sources said.A spokesman for the select committee declined to comment.Regardless of how the panel proceeds against Trump, the intention to make criminal referrals against the former president has been practically an open secret for months as its members have used the issue of potential criminality to reinforce the seriousness of Trump’s conduct.The recommendations from the subcommittee – led by congressman Jamie Raskin and comprised of vice-chair Liz Cheney, Adam Schiff and Zoe Lofgren, all members with a legal background – follow internal discussions for nearly a year that Trump committed crimes in seeking to nullify his defeat.Even before the select committee filed its civil suit to Carter, Cheney read aloud parts of the the obstruction statute at a public business meeting last December. And then throughout public hearings in the summer, the panel detailed their findings like prosecutors, treating the public like a jury at trial.If the members decide to move forward with criminal referrals against Trump in particular – essentially a letter informing the justice department they uncovered evidence of crimes – they would be creating a roadmap for a prosecution put together by the select committee’s top lawyers.The select committee’s investigation has been principally driven by color-coded teams of investigative lawyers, many of whom have previously worked as federal prosecutors, conducting more than 1,000 witness interviews and reviewing documents and communications from Trump’s confidantes.Still, the justice department has no obligation to take up any criminal referrals and, at this stage, could have a better perspective about the strength of criminal charges as it escalates its own January 6 inquiries with an investigative arsenal far more potent than possessed by Congress.In recent months, an increasing number of top Trump advisors and election officials in states where Trump tried to nullify his defeat have been subpoenaed to testify before an increasing number of federal grand juries in Washington hearing evidence about events connected to the Capitol attack.The recent subpoenas to election officials have demanded any and all communications involving Trump and the Trump campaign from June 2020 to January 2021, as part of the investigations into Trump’s so-called fake electors scheme, according to two subpoenas reviewed by the Guardian.TopicsDonald TrumpJanuary 6 hearingsUS Capitol attackUS politicsnewsReuse this content More

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      Republican who urged Trump to declare ‘Marshall’ law only regrets misspelling

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      Republican who urged Trump to declare ‘Marshall’ law only regrets misspellingText from Ralph Norman to Mark Meadows, Donald Trump’s final chief of staff, urged president to declare martial law A Republican who urged the Trump White House to declare martial law to stop Joe Biden taking office has only one regret: that he misspelled “martial”.Ron DeSantis leads Donald Trump by 23 points in Republican pollRead moreThe text from Ralph Norman of South Carolina to Mark Meadows, Donald Trump’s final chief of staff, was given to the January 6 committee by Meadows and revealed by Talking Points Memo.On 17 January 2021, 11 days after the deadly Capitol attack and three days before Biden’s inauguration, Norman wrote: “Mark, in seeing what’s happening so quickly, and reading about the Dominion law suits attempting to stop any meaningful investigation we are at a point of no return in saving our Republic !! Our LAST HOPE is invoking Marshall Law!! PLEASE URGE TO PRESIDENT TO DO SO!!”No response from Meadows was revealed.On Tuesday, a HuffPost reporter asked Norman about the message.Norman said: “Well, I misspelled ‘martial’.”He added: “I was very frustrated then, I’m frustrated now. I was frustrated then by what was going on in the Capitol. President Biden was in his basement the whole year. Dominion was raising all kinda questions.”The reference to Biden’s basement was to the then Democratic candidate’s decision largely to stay off the campaign trail in 2020, the year of the Covid pandemic.Dominion Voting Systems has filed major lawsuits, notably against Fox News, regarding claims its machines were involved in voter fraud.Trump insists his defeat by Biden – by more than 7m votes and by 306-232 in the electoral college – was the result of electoral fraud. It was not.Norman was among 147 Republicans in the House and Senate who objected to results in key states even after Trump supporters stormed the Capitol on January 6, a riot now linked to nine deaths.Trump was impeached for inciting an insurrection, proceedings which were ongoing when Norman texted Meadows.According to CNN, Marjorie Taylor Greene, the far-right Georgia congresswoman, also texted Meadows on 17 January, writing: “In our private chat with only Members, several are saying the only way to save our Republic is for Trump to call for Marshall law.”This week, Greene said that if she and Steve Bannon, Trump’s former strategist, had organised the Capitol riot, “we would have won”. She also said rioters “would’ve been armed”.According to the Congressional Research Service, “crises in public order, both real and potential, often evoke comments concerning a resort to martial law.“While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority.”The CRS also says that since the second world war, “martial law has not been presidentially directed or approved for any area of the United States. Federal troops have been dispatched to domestic locales experiencing unrest or riot, but in these situations the military has remained subordinate to federal civilian management.”Marjorie Taylor Greene: Capitol attack ‘would’ve been armed’ if I was in chargeRead moreOn Tuesday, Norman told HuffPost: “I was frustrated at the time with everything that was happening. It was a private text between a friend and myself, nothing more, nothing less.”On Wednesday, the White House issued a rebuke.“Plotting against the rule of law and to subvert the will of the people is a disgusting affront to our deepest principles as a country,” the deputy press secretary, Andrew Bates, said.Referring to Trump’s slogan, Make America Great Again, Bates added: “We all, regardless of party, need to stand up for mainstream values and the constitution, against dangerous, ultra-Maga conspiracy theories and violent rhetoric.”TopicsRepublicansUS CongressHouse of RepresentativesUS elections 2020US Capitol attackUS politicsUS militarynewsReuse this content More

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      Republican who wanted Trump to declare ‘Marshall’ law only regrets the misspelling

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      Republican who wanted Trump to declare ‘Marshall’ law only regrets the misspellingText from Ralph Norman to Mark Meadows, Donald Trump’s final chief of staff, urged president to declare martial law A Republican who urged the Trump White House to declare martial law to stop Joe Biden taking office has only one regret: that he misspelled “martial”.Ron DeSantis leads Donald Trump by 23 points in Republican pollRead moreThe text from Ralph Norman of South Carolina to Mark Meadows, Donald Trump’s final chief of staff, was given to the January 6 committee by Meadows and revealed by Talking Points Memo this week.On 17 January 2021, 11 days after the deadly Capitol attack and three days before Biden’s inauguration, Norman wrote: “Mark, in seeing what’s happening so quickly, and reading about the Dominion law suits attempting to stop any meaningful investigation we are at a point of no return in saving our Republic !! Our LAST HOPE is invoking Marshall Law!! PLEASE URGE TO PRESIDENT TO DO SO!!”No response from Meadows was revealed. On Tuesday, a HuffPo reporter asked Norman about the message.Norman said: “Well, I misspelled ‘martial’.”He added: “I was very frustrated then, I’m frustrated now. I was frustrated then by what was going on in the Capitol. President Biden was in his basement the whole year. Dominion was raising all kinda questions.”The reference to Biden’s basement was to the then Democratic candidate’s decision largely to stay off the campaign trail in 2020, the year of the Covid pandemic.Dominion Voting Systems has filed major lawsuits, notably against Fox News, regarding claims its machines were involved in voter fraud.Trump insists his defeat by Biden – by more than 7m votes and by 306-232 in the electoral college – was the result of electoral fraud. It was not.Norman was among 147 Republicans in the House and Senate who voted to object to results in key states, even after Trump supporters stormed the Capitol on January 6, a riot now linked to nine deaths including suicides among law enforcement.Trump was impeached for inciting an insurrection, proceedings which were ongoing when Norman texted Meadows.According to CNN, Marjorie Taylor Greene, the far-right Georgia congresswoman, also asked Meadows about “Marshall law” on 17 January, writing: “In our private chat with only Members, several are saying the only way to save our Republic is for Trump to call for Marshall law.”This week, Greene said that if she and Steve Bannon, Trump’s former strategist, had organised the Capitol riot, “we would have won”. She also said rioters “would’ve been armed”.Marjorie Taylor Greene: Capitol attack ‘would’ve been armed’ if I was in chargeRead moreAccording to the Congressional Research Service, “crises in public order, both real and potential, often evoke comments concerning a resort to martial law. “While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority.”The CRS also says that since the conclusion of the second world war, “martial law has not been presidentially directed or approved for any area of the United States. Federal troops have been dispatched to domestic locales experiencing unrest or riot, but in these situations the military has remained subordinate to federal civilian management.”On Tuesday, Norman told HuffPost: “I was frustrated at the time with everything that was happening. It was a private text between a friend and myself, nothing more, nothing less.”TopicsRepublicansUS CongressHouse of RepresentativesUS elections 2020US Capitol attackUS politicsUS militarynewsReuse this content More

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      Marjorie Taylor Greene: Capitol attack ‘would’ve been armed’ if I was in charge

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      Marjorie Taylor Greene: Capitol attack ‘would’ve been armed’ if I was in chargeFar-right congresswoman says the violent crowd would have won on January 6 if she and Steve Bannon had planned it The far-right congresswoman Marjorie Taylor Greene has bragged that had she and the former Donald Trump White House strategist Steve Bannon been in charge of organizing the insurrection at the US Capitol on January 6, 2021, the violent crowd would have won, and everyone in it “would’ve been armed”.The notorious provocateur made her comments about the deadly January 6 attack during a speech to a gala of the New York Young Republicans Club on Park Avenue in Manhattan on Saturday night. Hatewatch monitored the event on behalf of the Southern Poverty Law Center.Greene, who entered the US House as a newly elected representative from Georgia last year, said: “January 6 happened, and next thing you know, I organized the whole thing, along with Steve Bannon here. And I will tell you something, if Steve Bannon and I had organized that, we would have won. Not to mention, it would’ve been armed.”She went on: “See that’s the whole joke, isn’t it? They say that whole thing was planned and I’m like, are you kidding me? A bunch of conservatives, second amendment supporters, went in the Capitol without guns, and they think that we organized that? I don’t think so.”The audience – which included Bannon, Donald Trump Jr, and prominent figures on the far right – met Greene’s incendiary remarks with cheers and whoops of affirmation. Among the attendees were the founders of Vdare, a white nationalist website that opposes immigration.Greene’s speech was recorded, and parts of it were posted on Twitter by Patriot Takes, which monitors far-right extremism.The congresswoman has a long track record of controversial statements, including racist comments and expressions of support for the far-right conspiracy theory QAnon. In April, she was forced to testify about her actions in the run-up to the Capitol insurrection in a court hearing in Georgia in which opponents attempted to bar her from Congress.The hearing was presented with text messages between Greene and Trump’s White House chief of staff Mark Meadows less than two weeks after January 6. In one text, she told Meadows that other Congress members were telling her that “the only way to save our Republic is for Trump to call Marshall [sic] law … They stole this election. We all know that.”Greene told the court she had done nothing wrong and was a “victim” of the Capitol breach, which has been linked to nine deaths, including the suicides of traumatized law enforcement officers. She said she had no memory of sending the martial law text.Other speakers at the Park Avenue event also deployed contentious rhetoric. The president of the Young Republican hosts, Gavin Wax, called for “total war” against liberals.“We want total war,” he said. “We must be prepared to do battle in every arena. In the media, in the courtroom, at the ballot box. And in the streets.”Wax added: “This is the only language the left understands. The language of pure and unadulterated power.”TopicsUS Capitol attackRepublicansSteve BannonUS politicsnewsReuse this content More

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      Pelosi in the House: documentary captures speaker’s January 6 struggle

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      Pelosi in the House: documentary captures speaker’s January 6 struggle Film by her daughter, Alexandra Pelosi, captures how Nancy Pelosi fought to preserve democracy in the dramatic hours of the Capitol attackThe struggle of Nancy Pelosi, the speaker of the House of Representatives, to preserve American democracy in the dramatic hours of the January 6 attack are captured in a new documentary film shot by her daughter.Pelosi is seen watching on TV Donald Trump’s incendiary speech to his supporters, getting rushed out of the US Capitol building and making calls to Vice-President Mike Pence and other officials from the Fort McNair military base, where congressional leaders took refuge from the mob.Despite the chaos and confusion, she is immediately clear that Trump is responsible for instigating what she describes as an “insurrection”.The blow-by-blow reconstruction of the assault on democracy is contained in Pelosi in the House, produced and directed by the speaker’s daughter, film-maker Alexandra Pelosi, broadcast on HBO on Tuesday. Some of the behind-the-scenes footage was seen in edited form during the House January 6 committee hearings.Early in the day Pelosi is in her office, wearing a face mask and adjusting her hair, as three TV screens show Trump whipping up his supporters at the Ellipse and vowing never to concede the 2020 presidential election. She tells her staff with a laugh: “Tell him if he comes here, we’re going to the White House.”Watching through a window, Alexandra’s teenage son, Paul, spots a flag-waving mob gathering ominously outside the US Capitol. Pelosi’s chief of staff, Terri McCullough, reports that the Secret Service have dissuaded Trump from coming to the Capitol because they would not have the resources to protect him.Pelosi replies defiantly: “If he comes, I’m going to punch him out. I’ve been waiting for this. For trespassing on the Capitol grounds, I’m going to punch him out and I’m going to go to jail, and I’m going to be happy.”Members of Congress adjourn to consider objections to the 2020 election results. A car has “Trump” and “Pelosi is Satan” signs on its windscreen. The chanting, horn-blowing mob attacks police, smashes windows and force its way into the building, shouting: “This is our house!”Pelosi escapes with just two minutes to spare. At 2.15pm she is escorted to safety down a staircase. She asks: “Are they calling the national guard?” A woman replies: “Yes. Yes, ma’am.”Hastening through a tunnel, she asks: “Did you reach McConnell?” – a reference to the then Senate majority leader, Mitch McConnell. Someone says: “We did.” Pelosi: “And will they call the national guard?” Reply: “That’s correct.”Upstairs, the rioters are demanding to know where votes are counted. Walking through another corridor with aides around her, Pelosi evidently realises what a perilous moment this is for democracy. She says: “If they stop the proceedings, they will have succeeded in stopping the validation of the president of the United States. If they stop the proceedings, we will have totally failed.”She is then seen on a phone, telling an unidentified person: “We have got to finish the proceedings or else they will have a complete victory.”Both Pelosi and her daughter climb into the back of a black SUV so they can be taken to safety. Upstairs, her office is being ransacked by Trump supporters. One thinks he has found Pelosi’s laptop. Another asks: “You want Nancy’s pink boxing gloves?” Someone shouts with primal rage: “Fuck Nancy Pelosi!”Sitting in the moving vehicle, the speaker is livid at the disruption of Congress’s sacred duty. “So what’s the prospect? We’re gonna stay here all day, for the rest of our lives, or what? We’re here until what, until the national guard decides to come and get rid of these people?”By now the insurrectionists are inside the Senate chamber. One demands: “Do you see Nancy Pelosi?” Another asks: “Where the fuck is Nancy?” Outside, a bearded man in a “Maga” cap picks up a phone and shouts: “Can I speak to Pelosi? Yeah, we’re coming, bitch.”Pelosi is seen entering the military base at Fort McNair. As Congressman James Clyburn looks on, she says: “There has to be some way we can maintain the sense that people have that there is some security, some confidence that government can function and that we can elect the president of the United States.”Chuck Schumer, then the Democratic minority leader in the Senate, informs Pelosi: “My wife just called watching TV. There are people with guns trying to get into the House chamber.”Pelosi had to leave the Capitol without her phone so is forced to borrow others’. Sitting and studying a photo on one phone, says: “Oh, one of them is in the president of the Senate’s seat.”Schumer notes that some senators are still in hiding and pleads by phone with Ryan McCarthy, the army secretary, to send in military personnel. Pelosi, watching the carnage on CNN, speaks to Ralph Northam, the governor of Virginia: “They’re just breaking windows. This is horrendous. And all at the instigation of the president of the United States.”She tells Schumer that Northam agreed to dispatch 200 state police and a national guard unit.At 3.30pm Pelosi and Schumer speak by phone to Jeffrey Rosen, the acting attorney general. Pelosi tells him: “Safety just transcends everything but the fact is, on any given day, they’re breaking the law in many different ways and, quite frankly, much of it at the instigation of the president of the United States.”Schumer adds sharply: “Why don’t you get the president to tell them to leave the Capitol, Mr Attorney General, in your law enforcement responsibility? A public statement they should all leave?”Rosen begins to say his team is “coordinating as quickly and as –” before getting cut off by Schumer, who demands: “No, no, no – please answer my question, answer my question!”Congressional leaders then have a call with the acting defence secretary, Christopher Miller. Pelosi says forcefully: “Just pretend for a moment it was the Pentagon or the White House or some other entity that was under siege. You can logistically get people there as you make the plan and you have some leadership of the national guard there they have not been given the authority to activate.”Then Pelosi speaks to Pence as he waits in a parking garage beneath the Capitol, where rioters chanted for him to be hanged.Taking a seat beside a plant and cabinet full of decorative plates, the speaker says she and other congressional leaders are OK, then asks: “How are you? Oh, my goodness, where are you? God bless you. But are you in a very safe –?”She says she has been told that it will “take days” to clear the Capitol and that Fort McNair has facilities for the House and Senate to meet, adding: “We’d rather go to the Capitol and do it there but it doesn’t seem to be safe.”Pelosi continues: “We’ve got a very bad report about the condition of the House floor, with defecation and all that kind of thing.”She is then seen using her teeth to help unwrap a beef jerky stick and eating while holding the phone in her right hand. She tells Pence: “I worry about you being in that Capitol room. Don’t let anybody know where you are.”Finally, Trump releases a video calling his supporters to go home, but Pelosi and Schumer are not impressed. She comments: “Insurrection. That’s a crime and he’s guilty of it.”By 5.45pm the security forces have regained control. Pence informs Pelosi and Schumer by phone that Congress will be able to reconvene. The backup plan of doing so at Fort McNair is therefore not necessary.Sitting in a vehicle heading back through darkened streets, Pelosi expresses her disgust towards Trump. “I just feel sick at what he did to the Capitol and to the country today. He’s got to pay a price for that.”Back inside the Capitol, Pelosi is informed that the sign outside her office has been taken. She responds phlegmatically: “They took the sign? We’ll get another.”Entering the office, she is warned that there is still a lot of broken glass. A gold framed mirror above the fireplace is smashed. She observes: “Boy, the staff looks scared. They’re traumatised.”The Senate reconvenes around 8pm and the House around 9pm. Pelosi watches on TV as Schumer compares the insurrection to the attack on Pearl Harbor as a “day of infamy”. At 3.48am on 7 January, Joe Biden’s election victory is ratified after all.At 9am Pelosi is in a car, telling Clyburn: “We have to stop this man, the insurrectionist in the White House.” Clyburn warns that invoking the 25th amendment would be a “complicated process” and there may not be enough time, “but there is enough time – and it’s rather simple – to tag him with the uniqueness of a second impeachment”.On 13 January, a week before he left office, the House voted to impeach Trump by a vote of 232-197 for incitement of insurrection. He was the first president in history to be impeached twice.TopicsNancy PelosiDocumentary filmsUS Capitol attackUS politicsDonald TrumpfeaturesReuse this content More

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      January 6 officers and relatives snub top Republicans at gold medal ceremony

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      January 6 officers and relatives snub top Republicans at gold medal ceremonyMitch McConnell and Kevin McCarthy denounced as ‘two-faced’ by Brian Sicknick’s mother at Congressional Gold Medal event00:44Senior Republicans Mitch McConnell and Kevin McCarthy were snubbed by law enforcement leaders and a fallen officer’s family at Tuesday’s Congressional Gold Medal award ceremony for Capitol police who defended against the 6 January attacks.The pair were denounced as “two-faced” by the mother of Officer Brian Sicknick, who died after a mob of Donald Trump supporters ransacked the Capitol building and forced politicians to flee for their lives.McConnell, the Senate minority leader, was caught on video with his hand outstretched, waiting in line for handshakes that never came as senior officers and Sicknick’s parents warmly greeted the Democratic House speaker, Nancy Pelosi, and the Senate majority leader, Chuck Schumer.The relatives and officers in uniform then walked straight past the Republican duo, barely looking at them.“They’re just two-faced. I’m just tired of them standing there and saying how wonderful the Capitol police is, and they turn around and … go down to Mar-a-Lago and kiss [Trump’s] ring,” Sicknick’s mother, Gladys Sicknick, said, according to a tweet by CNN congressional reporter Daniella Diaz.“It just hurts.”Sicknick’s brother, Ken, was also forthright. “They have no idea what integrity is. They can’t stand up for what’s right and wrong,” he said.McCarthy, who hopes to become speaker when Republicans take over the House majority next month, was widely condemned for what analysts said was a pilgrimage to Trump’s Florida resort in the days after the insurrection.After initially saying he held the outgoing president responsible for the violence of his supporters, McCarthy worked hard to regain Trump’s trust, and has promised he will investigate the January 6 bipartisan House panel who are looking into the events of that day.McConnell, similarly, has been criticized for not standing up to Trump.The book Unchecked, published in September by Rachael Bade of Politico and Karoun Demirjian of the Washington Post, claimed McConnell called Trump “crazy” and vowed never to speak to him again after 6 January.But like McCarthy before him, McConnell has backed away from his original stance, and in April said he would support Trump again if he ran for the presidency. Trump announced his 2024 candidacy last month.Michael Fanone, a DC Metropolitan Police officer beaten and injured in the attack, has previously branded McCarthy “a weasel” for actions and words after the riot. Fanone attended Tuesday’s ceremony, but says he was heckled by some former colleagues.“They called me a piece of shit and mockingly called me a great fucking hero while clapping,” Fanone said, according to an NBC justice reporter, Ryan Reilly.Before the snub, McCarthy said that “days like today force us to realize how much we owe the thin blue line”.Fanone, who has since retired, was not impressed. “I’m surprised Kevin McCarthy showed up. I thought that he would be busy trying to figure out how to suspend the constitution on behalf of former president Trump,” he told CNN.TopicsUS Capitol attackUS politicsRepublicansDemocratsHouse of RepresentativesUS SenatenewsReuse this content More

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      House January 6 panel to issue criminal referrals to DoJ as tensions heighten

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      House January 6 panel to issue criminal referrals to DoJ as tensions heightenTargets and details of referrals in investigation of Capitol attack were not immediately clear but could follow two tracks The House January 6 select committee will make criminal referrals to the US justice department in connection with its investigation into the Capitol attack, the chairman of the panel said Tuesday, heightening tensions ahead of the release of its final report expected to come later this month.The targets and details about the referrals were not immediately clear, and the panel’s chairman Bennie Thompson affirmed to reporters only that the panel would issue citations.January 6 report expected to focus on Trump’s role and potential culpabilityRead moreBut the decision to move forward with referrals comes days after a special four-member subcommittee established to consider the issue recommended that the full committee seek prosecution from the justice department for a number of individuals connected to January 6, two sources said.The referrals could follow two tracks: citations for things that Congress can request prosecution by statute, such as perjury or witness tampering, or wider-ranging recommendations such as making the case that Donald Trump obstructed an official proceeding on 6 January.At issue is the value of making referrals when the justice department could now be in a better position to asses potential crimes.The department in recent months has intensified its own parallel, criminal investigations into the Capitol attack and Trump’s efforts to overturn the results of the 2020 election, subpoenaing dozens of Trump advisors and January 6 rally organizers to testify before at least two federal grand juries in Washington.The select committee might have once argued that it made sense to issue referrals for instance for lying to Congress because it alone could determine whether witnesses had made false statements to investigators.But with the panel committed to releasing all of its evidence and transcripts alongside the final report, the department might now be best placed to identify false or contradictory statements to Congress, given how federal prosecutors have now interviewed many of the same witnesses.The justice department has also previously issued charges even when Congress did not make overt referrals; Trump confidante Roger Stone was indicted and convicted in 2019 for lying to Congress, witness tampering and obstructing a House investigation when he appeared before the House intelligence committee.The four-member subcommittee led by Congressman Jamie Raskin and the other members with legal backgrounds – the vice-chair Liz Cheney, Adam Schiff and Zoe Lofgren – made its recommendations about referrals and subpoena noncompliance by Republican members of Congress privately on Friday.The move is likely to lead to intense speculation as the committee puts the finishing touches on its report into the insurrection at the Capitol and those who took part in it and the build up to the attack.The committee held a series of often dramatic public hearings over the summer where it presented some of its evidence and testimony from the many witnesses it called. The picture the committee painted was one of a plot to foil the certification of Joe Biden’s 2020 election win that was orchestrated by Donald Trump and some of his key allies in his White House. “The committee has determined that referrals to outside entities should be considered as a final part of its work. The committee will make decisions about specifics in the days ahead,” a spokesman for the panel said in a statement.The work of the committee has been the target of often baseless attacks by Trump and many others in the Republican party, who have sought to portray it as a partisan effort, despite the prominence of two rebel Republicans on the panel. But the narrow victory in the House by Republicans in last month’s midterm elections means it will now certainly be wound up as the party takes control of the lower chamber of Congress.TopicsJanuary 6 hearingsUS politicsDonald TrumpUS Capitol attacknewsReuse this content More