Kara Sears
The Jan. 6 committee has accused former US President Donald Trump of breaking the law by trying to obstruct the certification of the 2020 election, despite being told by aides that there was no fraud that could have affected the outcome. The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, and the committee says it has amassed substantial evidence that Trump sought to obstruct the process, including by summoning supporters to Washington on the day Congress was meeting. The committee also referred conservative lawyer John Eastman for prosecution on the same statute, noting that a federal judge in California had already concluded in a separate lawsuit that evidence of a criminal conspiracy likely existed.
| Characteristics | Values |
|---|---|
| Obstruction of an official proceeding | The Jan. 6, 2021 joint session of Congress at which electoral votes were to be counted and Democrat Joe Biden was to be certified as the lawful winner |
| Obstruction of justice | The Justice Department is investigating an alleged scheme by Trump allies to submit “fake electors” in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden’s victory |
| Obstruction of federal probe of documents | The Justice Department alleges Trump attempted to obstruct the government's investigation by claiming his lawyers had done a thorough search and there were no more classified documents |
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What You'll Learn
Trump's attempts to obstruct the certification of the election
The Jan. 6 committee says Trump broke the law by trying to obstruct the certification of the election despite being told by aides that there was no fraud that could have affected the outcome. He beseeched Pence to delay that certification even though he was told there was no legal basis for him to do so. He also worked with others, both inside of government and out, on a “multi-part plan” to stay in power.
The committee says it amassed substantial evidence that Trump sought to obstruct the process, including by summoning supporters to Washington on the day Congress was meeting. The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters.
The inclusion of this statute represents an attempt by the committee to hold Trump accountable for the riot itself — not only for his actions but for his inaction, too. The statute touches on conduct that the Justice Department is already known to be investigating — an alleged scheme by Trump allies to submit “fake electors” in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden’s victory.
The panel also recommended conservative lawyer John Eastman for prosecution on the same count, noting that a federal judge in California had already concluded in a separate lawsuit that evidence of a criminal conspiracy likely existed. Eastman had devised legal maneuvers to help keep Trump in power, despite being cautioned by others in Trump’s orbit that such plans were illegal.
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The Jan 6 committee's investigation into Trump's actions
The committee also found evidence that Trump allies submitted "fake electors" in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden's victory. These electors signed "patently false" certifications, and the committee maintains that Trump was a participant in this scheme.
In addition to these actions, the Justice Department has also alleged that Trump attempted to obstruct a federal probe of documents. The department says that Trump's lawyers represented to the Department of Justice that they had done a thorough search and found no more classified documents, but this turned out not to be true. If it is proven that this was done intentionally, it could constitute obstruction of justice.
The Jan 6 committee's investigation has also led to the referral of conservative lawyer John Eastman for prosecution. Eastman had devised legal maneuvers to help keep Trump in power, despite being cautioned by others that such plans were illegal. A federal judge in California had already concluded in a separate lawsuit that evidence of a criminal conspiracy likely existed.
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The Justice Department's obstruction of an official proceeding charges
The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, including former Proud Boys leader Enrique Tarrio and Oath Keepers founder Stewart Rhodes. The Justice Department is investigating an alleged scheme by Trump allies to submit "fake electors" in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden's victory.
The Jan. 6 committee says Trump broke the law by trying to obstruct the certification of the election despite being told by aides that there was no fraud that could have affected the outcome. Trump beseeched Pence to delay that certification even though he was told there was no legal basis for him to do so. The committee says it amassed substantial evidence that Trump sought to obstruct the process, including by summoning supporters to Washington on the day Congress was meeting.
The Justice Department also alleges that Trump attempted to obstruct a federal probe of documents. They say efforts were likely taken to obstruct the government's investigation, and if that was done intentionally, it is breaking the law.
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Trump's alleged scheme to submit 'fake electors'
The Jan. 6 committee has accused former US President Donald Trump of breaking the law by trying to obstruct the certification of the election. This includes summoning supporters to Washington on the day Congress was meeting to certify Joe Biden as the lawful winner.
The committee also referred conservative lawyer John Eastman for prosecution on the same statute. Eastman had devised legal manoeuvres to help keep Trump in power, despite being cautioned by others in Trump’s orbit that such plans were illegal.
The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, including former Proud Boys leader Enrique Tarrio and Oath Keepers founder Stewart Rhodes.
Trump is also accused of being involved in an alleged scheme to submit "fake electors" in battleground states won by Biden as a way to obstruct the certification of the results and invalidate Biden’s victory. The Justice Department issued grand jury subpoenas to the “fake electors” in multiple states.
The scheme involved Trump and his associates submitting fraudulent certificates of ascertainment to falsely claim Trump had won the Electoral College vote in crucial states. The intent was to pass the illegitimate certificates to then-vice president Mike Pence in the hope he would count them, rather than the authentic certificates, and thus overturn Joe Biden's victory.
In total, 84 fake electors across seven states signed false electoral certificates claiming that Trump won the election in their states. As of July 2024, fake electors from Arizona, Georgia, Michigan and Nevada have been charged with crimes. The remaining fake electors in New Mexico, Pennsylvania and Wisconsin do not currently face charges.
Some of the fake electors are high profile, including two state senators, a former state Republican party chair and a Turning Point USA executive.
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Trump's attempts to obstruct a federal probe of documents
The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, including former Proud Boys leader Enrique Tarrio and Oath Keepers founder Stewart Rhodes. The Jan. 6 committee has said that Trump broke the same laws.
The committee amassed substantial evidence that Trump sought to obstruct the Jan. 6, 2021 joint session of Congress at which electoral votes were to be counted and Democrat Joe Biden was to be certified as the lawful winner. This included summoning supporters to Washington on the day Congress was meeting, angrily beseeching Pence to delay that certification, and working with others, both inside of government and out, on a “multi-part plan” to stay in power.
The Justice Department has also alleged that Trump attempted to obstruct a federal probe of documents. Trump's lawyers had represented to the Department of Justice that they had done a thorough search and there were no more classified documents. This turned out not to be true.
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Frequently asked questions
Trump was accused of breaking the law by trying to obstruct the certification of the election, despite being told by aides that there was no fraud that could have affected the outcome.
Trump beseeched Pence to delay the certification, even though he was told there was no legal basis for him to do so.
Yes, the Jan 6 committee said Trump worked with others, both inside and outside of government, on a "multi-part plan" to stay in power.
Conservative lawyer John Eastman was recommended for prosecution on the same count.
The Justice Department has also alleged that Trump attempted to obstruct a federal probe of documents.
