Northwoods UU Issues Resource Links: DEMOCRACY, THE BIG LIE, & SOCIAL MEDIA

HOUSE JANUARY 6 SELECT COMMITTEE

Select Committee to Investigate the January 6th Attack on the United States Capitol (U.S. House of Representatives)

We believe that the evidence assembled throughout our hearings warrants a criminal referral of former President Donald J. Trump, John Eastman, and others for violations of this statute.

CRIMINAL REFERRAL OF PRESIDENT DONALD J. TRUMP TO THE DEPARTMENT OF JUSTICE
"I. Obstruction of an Official Proceeding
"...corruptly...obstructs, influences, or impedes any official proceeding, or attempts to do so..."
18 U.S.C. Sect. 1512(c)

Second, we believe that there is more than sufficient evidence to refer former President Donald J. Trump, John Eastman, and others for violating Title 18 Section 371.

CRIMINAL REFERRAL OF PRESIDENT DONALD J. TRUMP TO THE DEPARTMENT OF JUSTICE
II. Conspiracy to Defraud the United States
"conspire either to commit any offense against the United States, or to defraud the United States..."
18 U.S.C. Sect. 371

Third, we make a referral based on Title 18 Section 1001, which makes it unlawful to knowingly and willfully make materially false statements to the federal government.

CRIMINAL REFERRAL OF PRESIDENT DONALD J. TRUMP TO THE DEPARTMENT OF JUSTICE
III. Conspiracy to Make a False Statement
"...in any matter within the jurisdiction of the...Government of the United States...makes any materially false, fictitious, or fraudulent statement..."
18 U.S.C. Sect.371,1001

The fourth and final statute we invoke for referral is Title 18 Section 2383. This statute applies to anyone, who incites, assists, or engages in insurrection against the United States, and anyone who "gives aid or comfort" to an insurrection.

CRIMINAL REFERRAL OF PRESIDENT DONALD J. TRUMP TO THE DEPARTMENT OF JUSTICE
IV. "Incite," "Assist" or "Aid or Comfort" an Insurrection
"...incites,...assists, or engages in any rebellion or insurrection...or gives aid or comfort thereto..."
18 U.S.C. Sect. 2383

"We understand the gravity of each and every referral we are making today... just as we understand the magnitude of the crime against democracy we describe in our Report.

But we have gone where the facts and the law lead us, and inescapably they lead us here."
- @RepRaskin

INTRODUCTORY MATERIAL TO THE FINAL REPORT OF THE SELECT COMMITTEE
[including EXECUTIVE SUMMARY: OVERVIEW OF THE EVIDENCE DEVELOPED]

"I. Obstruction of an Official Proceeding (18 U.S.C. § 1512(c))

Section 1512(c)(2) of Title 18 of the United States Code makes it a crime to "corruptly" "obstruct[], influence[], or impede[] any official proceeding, or attempt[] to do so."[594]
Sufficient evidence exists of one or more potential violations of this statute for a criminal referral of President Trump and others.[595]"

II. Conspiracy to Defraud the United States (18 U.S.C. § 371)

Section 371 of Title 18 of the U.S. Code provides that "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both." The Committee believes sufficient evidence exists for a criminal referral of President Trump and others under this statute.[616]

III. Conspiracy to Make a False Statement (18 U.S.C. §§ 1001)

President Trump, through others acting at his behest, submitted slates of fake electors to Congress and the National Archives. Section 1001 of Title 18 of the United States Code applies, in relevant part, to "whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry."

IV. "Incite," "Assist" or "Aid and Comfort" an Insurrection (18 U.S.C. § 2383)

Section 2383 of Title 18 of the United States Code applies to anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto."[632] The Committee recognizes that §2383 does not require evidence of an "agreement" between President Trump and the violent rioters to establish a violation of that provision; instead, the President need only have incited, assisted or aided and comforted those engaged in violence or other lawless activity in an effort to prevent the peaceful transition of the Presidency under our Constitution. A Federal court has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."[633] Moreover, President Trump was impeached for "Incitement of Insurrection," and a majority of the Senate voted to convict, with many more suggesting they might have voted to convict had President Trump still been in office at the time.[634]