Cecily Zamora
The January 6 committee has said that Trump broke several laws, including summoning supporters to Washington on the day Congress was meeting to certify Joe Biden as the lawful winner of the 2020 election. Legal experts have discussed charging Trump with obstruction of an official proceeding, and the Justice Department has brought this charge against dozens of rioters. However, federal prosecutors are the sole deciders of whether to pursue charges against Trump, and the Supreme Court has granted Trump and future presidents a 'blank check' to break the law.
| Characteristics | Values |
|---|---|
| Who will charge Trump if he breaks the law? | The Justice Department, federal prosecutors, and the Supreme Court |
| Who has already charged Trump with breaking the law? | The Jan. 6 committee |
| Who else could charge Trump with breaking the law? | Members of Congress, federal courts, and public opinion |
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What You'll Learn
The Justice Department's investigation
The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, including former Proud Boys leader Enrique Tarrio and four other members of the extremist group. Oath Keepers founder Stewart Rhodes and four associates were also convicted of the obstruction charge, as well as seditious conspiracy. Rhodes was accused of leading a violent plot to stop the peaceful transfer of power, though he did not enter the Capitol.
Legal experts began discussing this as a potential charge for Trump and associates soon after the riot. In this case, an official proceeding refers to 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. The committee said it amassed substantial evidence that Trump sought to obstruct that process, including by summoning supporters to Washington on the day Congress was meeting and through a relentless but ultimately unsuccessful pressure campaign aimed at getting Vice President Mike Pence to prevent the votes from being certified.
While the threat of criminal prosecution is an important incentive to keep presidents from breaking the law, the Supreme Court has largely removed this constraint. Federal courts have a duty to step up and hold Trump accountable, though justices have proven highly deferential to presidential power. Ultimately, public opinion will matter most in holding Trump accountable for any potential lawbreaking.
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The Jan 6 committee's referrals
The Jan 6 committee has referred Trump to the Justice Department, but these referrals carry no legal weight. Federal prosecutors are already conducting their own investigation and are the sole deciders of whether to pursue charges against Trump. The committee said it 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 and pressuring Vice President Mike Pence to prevent the votes from being certified.
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. Rhodes was also convicted of seditious conspiracy and accused of leading a violent plot to stop the peaceful transfer of power.
Legal experts began discussing potential charges for Trump and associates soon after the riot. While the threat of criminal prosecution is an important incentive to keep presidents from breaking the law, the Supreme Court has granted Trump and future presidents a blank check to break the law by ruling that presidents have vast immunity from criminal prosecution for illegal acts if they can be couched as "official". Federal courts have a duty to step up and rule against Trump on some things, but these justices have repeatedly proven highly deferential to presidential power. Ultimately, public opinion will matter most in holding Trump accountable for any lawbreaking.
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The Supreme Court's ruling
In the case of Trump's actions on January 6, 2021, the Justice Department has brought obstruction of an official proceeding charges against dozens of rioters, including members of extremist groups like the Proud Boys and Oath Keepers. These charges carry substantial weight, and the Justice Department is the sole decider of whether to pursue charges against Trump.
While the Supreme Court's ruling on presidential power may provide some legal manoeuvring room for Trump, it does not absolve him of responsibility for his actions. The Justice Department's investigation, led by special counsel Jack Smith, will determine whether the evidence is sufficient for prosecution, and public opinion will also play a significant role in holding Trump accountable.
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The threat of criminal prosecution
The Justice Department has brought obstruction of an official proceeding charges against dozens of rioters. The Jan 6 committee said it amassed substantial evidence that Trump sought to obstruct the process, including by summoning supporters to Washington on the day Congress was meeting and through a relentless but ultimately unsuccessful pressure campaign aimed at getting Vice President Mike Pence to prevent the votes from being certified.
The committee’s referrals to the Justice Department carry no legal weight since federal prosecutors are already conducting their own investigation and are the sole deciders of whether to pursue charges against Trump. That investigation is being led by a newly named special counsel, Jack Smith, who has already signed off on a flurry of subpoenas but has made no public statements about what direction his criminal probe will take. Nonetheless, the committee said during its final public meeting that it regarded its report as providing a “roadmap to justice” — and indeed, focus now shifts to the Justice Department and whether it will concur that the evidence is sufficient for prosecution.
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Public opinion
The Jan 6 committee, which investigated Trump's role in the Capitol riots, has referred its findings to the Justice Department. However, these referrals carry no legal weight, and it is up to federal prosecutors to decide whether to bring charges. The committee has stated that it regards its report as a "roadmap to justice," but the Justice Department has not yet indicated whether it will pursue prosecution.
Legal experts have discussed potential charges for Trump and his associates, including obstruction of an official proceeding and seditious conspiracy. The Justice Department has already brought obstruction charges against dozens of rioters, including members of extremist groups like the Proud Boys and Oath Keepers.
Some argue that members of Congress, particularly Trump's fellow Republicans, have a duty to object to any lawbreaking by the former president. While the federal courts and even the Supreme Court may rule against Trump on some issues, there is concern that the courts have proven highly deferential to presidential power. Ultimately, public opinion may be the most important factor in holding Trump accountable for any potential lawbreaking.
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Frequently asked questions
The Justice Department is responsible for investigating whether Trump broke the law and deciding whether to pursue charges.
The Justice Department is conducting its own investigation and will decide whether to pursue charges against Trump.
The Jan. 6 committee has referred its findings to the Justice Department, but these referrals carry no legal weight. The committee regards its report as a "roadmap to justice" and hopes that the Justice Department will concur that the evidence is sufficient for prosecution.
Legal experts have discussed the possibility of charging Trump with obstruction of an official proceeding, referring to the Jan. 6, 2021 joint session of Congress at which electoral votes were to be counted and Joe Biden was to be certified as the winner.
Dozens of rioters have been charged with obstruction of an official proceeding, including members of extremist groups such as the Proud Boys and Oath Keepers.
