Jan. 6 panel to vote on urging US Department of Justice to prosecute Trump on at least three criminal charges

The Jan. 6 select committee is preparing to vote on urging the Justice Department to pursue at least three criminal charges against former President Donald Trump, including insurrection.

The report that the select panel is expected to consider on Monday afternoon, described to POLITICO by two people familiar with its contents, reflects some recommendations from a subcommittee that evaluated potential criminal referrals. Among the charges that subcommittee proposes for Trump: 18 U.S.C. 2383, insurrection; 18 U.S.C. 1512(c), obstruction of an official proceeding; and 18 U.S.C. 371, conspiracy to defraud the United States government.

DOJ, which is already pursuing a criminal probe of Trump’s Jan. 6-related actions, is not required to consider referrals from Congress, which have no legal weight. However, the select committee plans to act in the hopes that lawmakers’ input can influence prosecutorial decision-making. Panel chair Bennie Thompson (D-Miss.) has also raised the possibility of referrals to outside entities like bar associations for the constellation of lawyers involved in election subversion efforts.