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Explained: Why Has US Congress Panel Referred Trump For Criminal Prosecution, What Are Its Finding?

Supporters of the then-President Donald Trump stormed the US Capitol on January 6, 2021 to prevent the confirmation of the 2020 US presidential election that Joe Biden won. Several protesters were armed and they took control of the US Congress chambers. They wanted to overturn the result and declare Trump as president.

Former US President Donald Trump
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The US Congress committee investigating the January 6, 2021 attack on the US Capitol has referred former US President Donald Trump for criminal prosecution.

The Congressional committee, commonly called the January 6 Committee, released the summary of its report on Monday. It referred four criminal charges on Trump, who has denied the 2020 US presidential election and has wrongfully insisted that he is the rightful winner.

Thousands of Trump supporters stormed the US Capitol in Washington DC on January 6, 2021 when the US Congress was confirming the 2020 US presidential election result. The Trump supporters, several of them armed, attacked the security personnel at US Capitol and disrupted the Congressional proceedings. They took control of the chambers and are believed to have had the objective of overturning the election and declaring Trump as the winner.

Here we explain what happened on January 6, what the January 6 Committee has found, and why it has referred Trump for criminal prosecution.

What happened on January 6, 2021 on US Capitol?

Thousands of Trump supporters stormed the US Capitol to prevent the confirmation of US election result and overturn the result in Trump's favour.

Here is the January 6 US Capitol violence timeline:

  • In the morning, Trump tweeted to claim voter fraud and urges Vice President Pence to overturn the results.
  • Later in the morning, Trump addressed his supporters in Washington DC and asked them to converge on the US Capitol. This act is considered as his incitement and patronage to the violence that happened later in the day.
  • Makeshift gallows with a noose was installed outside US Capitol amid chants of "Hang Mike Pence".
  • The Trump supporters, comprising of right-wing militias such as Proud Boys, kept marching on the US Capitol and crossed barriers and began attacking security personnel. The security was overpowered.
  • By 1:45 pm, the US Capitol Police had issued evacuation warning and had declared the situationa as riot.
  • By 2 pm, the Trump supporters, several of whom armed, were inside the US Congress and were sweeping the building amid chants to hang Pence. 
  • Pence and House Speaker Nancy Pelosi, both in the line of succession, were secured and evacuated by their security details to secure locations. The BBC also reported that the mob was also searching Pelosi.

The attackers came within 100 feet of Pence at one point and one foot from an open door to the chamber in which several Congresspersons were still inside. They were at the time chanting to hang Pence.

"Officer Goodman makes his way down to the first floor where he encounters the mob. He lures the armed rioters away from the upper chamber [Senate]. Many of these individuals have been calling for Mr Pence to be hanged. By that point, the rioters are "within 100ft" (30m) of Mr Pence and a foot away from one of the doors to the chamber. Many senators are still inside," reported BBC in its timeline of January 8 events.

Both the US Congress houses were adjourned by now and lawmakers and their staff members barricaded and hid themselves to save their lives.

It took several hours for US Capitol Hill Police, Washington DC police, and National Guard to retake the US Capitol. At least one police officer and one attacker died from injuries directly sustained in the violence.

The storming of the US Capitol has often been called Insurrection. It's also referred as US Capitol Riots. In the United States, insurrection carries a 10-year sentence and falls under the category of Treason, Sedition, and Subversive Activities in the US Code.

What are January 6 Committee findings?

The January 6 Committee found that Trump was "the central cause" of the January 6 violence. 

"That evidence has led to an overriding and straight-forward conclusion: the central cause of January 6th was one man, former President Donald Trump, who many others followed. None of the events of January 6th would have happened without him," says the committee report.

The January 6 Committee has referred Trump four criminal prosecution on four charges:

  • Obstruction of an official proceeding
  • Conspiracy to defraud the US
  • Conspiracy to make a false statement
  • Inciting or assisting an insurrection

However, the US Department of Justice (DoJ) is not obliged to accept the recommendation for prosecution.

The January 6 Committe report says Trump knew what he was doing and the January 6 violence was part of a "multi-part conspiracy to overturn" election result. Among several points, the committee report notes the following:

  • Beginning election night and continuing through January 6th and thereafter, Donald Trump purposely disseminated false allegations of fraud related to the 2020 Presidential election in order to aid his effort to overturn the election.
  • Based on false allegations that the election was stolen, Donald Trump summoned tens of thousands of supporters to Washington for January 6th. Although these supporters were angry and some were armed, Donald Trump instructed them to march to the Capitol on January 6th to “take back” their country.
  • Knowing that a violent attack on the Capitol was underway and knowing that his words would incite further violence, Donald Trump purposely sent a social media message publicly condemning Vice President Pence at 2:24 p.m. on January 6th.

The committee also names principal Trump loyalists as being responsible for January 6 violence, such as DOJ attorney Jeffrey Clark, Trump Chief of Staff Mark Meadows, and Trump-tied lawyers Kenneth Chesebro and Rudy Giuliani, according to CNN

The complete report of the January 6 Committee will be released on Wednesday. The report is based on 1,000-plus interviews, documents collected including emails, texts, phone records and a year and a half of investigation by the nine-member bipartisan committee, according to CNN

The latest seback for Trump

The criminal referral is the latest setback for Trump, who recently announced his 2024 US presidential election campaign. However, the announcement was overshadowed by a string of setbacks for Trump which are legal as well as political.

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Trump's tax records

The US Supreme Court last month ruled that Trump's tax records could be accessed by the US Congress. 

The Congress first sought Trump's tax records in 2019. Though there is no immediate legal implication, the Congress is likely to examine the records for any wrongdoings. The public disclosure of returns via the Congress will also open doors of public criticism.

Trump Organization fraud conviction

Two of the Trump Organization companies were found guilty of criminal tax fraud and falsifying records earlier this month.

Though Trump or his children are not touched by the guilty ruling, he is repeatedly mentioned in the verdict. The verdict also came at a time when Trump was facing legal trouble over allegedly holding classified documents illegally.

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The CNN reported, "Donald Trump and his family were not charged in this case, but the former president was mentioned repeatedly during the trial by prosecutors about his connection to the benefits doled out to certain executives, including company-funded apartments, car leases and personal expenses.

"The guilty verdict comes as Trump is under scrutiny by federal and state prosecutors for his handling of classified documents, the effort to overturn the 2020 election results, and the accuracy of the Trump Organization’s business records and financial statements. He is also facing a $250 million civil lawsuit from the New York attorney general alleging he and his adult children were involved in a decade-long fraud."

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Trump mid-term defeat

The Republican Party performed worse than expected in the US mid-term elections. 

Though the Republicans won the US House majority, it's the slimmest in several years. 

In a major setback, the Republicans could not win the US Senate. They were expected to win 54-55 of the 100 seats but the Democrats ended up controlling the Senate with 51 seats. Trump has been rounded held as being responsible for US mid-term results going against the Republicans.

Outlook earlier reported, Trump emerged as a key factor in the selection and campaigning of Republican candidates throughout the US mid-term elections. This affected their prospects negatively as Trump made the elections more about himself than the candidates. Moreover, Trump ended up selected weak candidates who could not stand against better-vetted Democratic Party candidates."

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The Washington Examiner noted, "From his Mar-a-Lago estate in South Florida, the former president [Trump] has tried to play captain and kingmaker for Congressional Republicans...That’s not how the midterm elections turned out for Trump, though. Many of his hand-picked candidates were defeated or struggled in otherwise winnable races."

2024 US election bid in trouble

Trump's 2024 presidential bid is also in trouble as several Republicans now consider Trump a liability than an asset. Moreover, Florida Governor Ron DeSentis has emerged as a strong potential challenger, who was criticised and mocked by Trump.

"These midterm elections have made it crystal clear that voters want to move past the chaos and dishonor of the 45th president [Trump]. They want the security and sanity that a competent and effective leader can provide. The Republican Party needs to recognize that, too, and act accordingly," said an editorial by The Examiner.

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