By now, those of us who have been following the House Select Committee on the January 6 Attack on the Capitol know that the Committee made four criminal referrals to the Justice Department based on its finding that Donald Trump committed serious crimes. The charges are obstruction of an official proceeding; conspiracy to defraud the U.S.; conspiracy to make a false statement; and insurrection. Those are serious charges, but what do the Committee’s referrals mean?
I will defer to other, more knowledgeable sources to explain how the findings of the Committee fit with each of the four crimes Trump and others are accused of committing. Involved are Trump’s “Big Lie;” his claim that he won the election when he knew that he hadn’t; his lying to state and other officials to persuade them to take actions to set aside the 2020 vote; his efforts to prevent the certification of President Biden’s electoral victory by preventing the electoral college votes from being counted; and, of course, organizing and encouraging the insurrection at the Capitol.
Only the Department of Justice can indict Trump for these alleged federal crimes. The burden of proof necessary for the DOJ to indict Trump is higher than that used by the Committee in making its criminal referrals. And the burden of proof necessary to convict Trump is still higher. That is why some legal experts question whether Trump will be indicted and even more question whether he will be convicted.
Some pundits, especially those of a conservative bent, claim that the Committee’s criminal referrals will serve as proof of the political nature of the charges. Trump himself, in a post on social media, wrote, “These folks do not get it that when they come after me, people who love freedom rally around me. It strengthens me. What doesn’t kill me makes me stronger.” Are they right? I don’t think so.
The January 6 Committee has presented a compelling case that felonies were committed and that one man, Trump, was the cause of the entire January 6 nightmare. That is why you are unlikely to see a point-by-point rebuttal of the evidence the January 6 Committee found.
Evidence that Trump’s legal situation, already dire, worsened is clear by how he reacted to the Committee’s decision. One Trump social media post quotes Friedreich Nietzsche, one of Adolf Hitler’s favorite philosophers. In suggesting the criminal referral will “strengthen” himself, Trump is positioning himself as an “uber mensch,” a superman.
Trump’s post also reflects his continuing delusion that “the people who love freedom” will continue to rally around him as the evidence of his crimes grows. And what do you think the reference to those “people” rallying around him is meant to convey?
Have you read Trump’s other reactions to the referrals? Here are two:
“The Fake charges made by the highly partisan Unselect Committee of January 6th have already been submitted, prosecuted, and tried in the form of Impeachment Hoax # 2. I WON convincingly. Double Jeopardy anyone!” Trump does not understand the difference between an impeachment and a criminal proceeding.
Trump also wrote: “The people understand that the Democratic Bureau of Investigation, the DBI, are out to keep me from running for president because they know I’ll win and that this whole business of prosecuting me is just like impeachment was — a partisan attempt to sideline me and the Republican Party.”
My read of the immediate reaction to the criminal referrals and Trump’s reaction to them is that they will not re-energize the Trump mob or convince anyone else to start seeing Trump as a victim. Proud Boys and Oath Keepers, among others, have been sobered up by some of their members going to jail for the January 2021 visit to Washington.
And many of Trump’s “people” are looking for the door as his behavior becomes more bizarre—anyone want a $99 digital image of Trump dressed as a superhero—and other evidence of unethical business practices. Even Trump’s favorite daughter is walking away. (I understand that she and Jared did not buy any of the Trump NFTs.)
So, will the DOJ indict Trump? The Committee’s actions will increase pressure on the special counsel, Jack Smith, not that more pressure is needed. Smith is likely to act against Trump in the near future. The more you read about Smith, the more obvious it is that Trump has compelling cause to worry.
Trump is likely to be convicted, but that’s speculation. I will read the 1000+ pages of the Committee’s final report during the upcoming holiday. It will not raise my holiday cheer, but I am happy that Donald J. Trump will soon get the present he so richly deserves.
Happy Holidays to Spy readers. I wish you and your family a joyous holiday.
J.E. Dean is a retired attorney and public affairs consultant writing on politics, government, birds, and other subjects
Jerry McConnell says
It’s probably a reach for them to charge him but hopefully they’ll give it a shot. His appeals could take a couple years which would help keep him out of action before the ‘24 election.
His reaction to all this is comical, as we’ve come to expect from a poser with an I Q of 70.
Congressional Republican outrage also would reach the boundary of space, in order to appease their constituency of troubled white Christian, slow thinking, extremist conservatives.
You can’t help thinking that something terrible should happen to someone that stupid and evil, to spare the Justice Dept the frivolity of trying to hold him accountable for the trauma he’s brought to the country. Wishful thinking…
John Dean says
Thank you for your comment and for reading the piece. I continue to expect an indictment.
Lots of new material in the full report being issued today.
Happy holidays.
Wilson Dean says
I think JE Dean is correct in his suggestion that the walls are closing in on the former President. His delusional base will never completely abandon him, but it is weakening as he emerges as an increasingly pathetic figure. One of the greatest (of many) contributions made by the January 6th Committee was to lay bare the full scope and depth of Trump’s deceitfulness to the public in ways the DOJ would not be allowed to during its investigation. It is a very serious decision to prosecute a former President, but the failure to do so leaves the door open for Trump or anyone else to repeat these traitorous acts again.
John Dean says
Thank you for your comment.
Happy Holidays. Stay warm!
Rev Julia Hart says
Amen Mr Wilson Dean. I fear for the future of our country. The Rule of Law must be followed. There must be due process or our whole legal system is called into question. Already Americans have lost trust in the renegade US Supreme Court. Many question: Is our Government trustworthy? Is there any integrity left?
For going on 3 years Traitors to their Oath of Office in The Congress have continued to legislate for the Country as if they were honorable and trust worthy Representatives and Senators. We have been betrayed. Our Country has been betrayed.
To let Trump walk away is to soil and trash The Constitution of the United States. I believe in our Constitution,the Government it establishes, and The Rule of Law.
Sarah Oppenheimer says
Can anyone please summarize the actions that Trump performed that are crimes and that support any charges?
DeirdreLaMotte says
Read the January 6 report. Read what is happening with
the Georgia DA, look at NYC. My head is spinning
now; too much corruption from one pathetic person.
Jerry McConnell says
It’s incredible that some folks are still not willing or able to face reality regarding (the T- man). He’s facing charges—based on his actual words and actions, not make believe—which could land him in prison for 5-15 years.
Yet some dissidents out in right field are apparently still half asleep and dreaming.
Sarah Oppenheimer says
I am a neutral party and am only looking for truth. I just find it interesting that every time I ask the above question… no one can or will answer it.
Jerry McConnell says
The Jan 6 Committee has specifically identified four felony charges against Trump. It’s been all over every media outlet for over a week.
Most people can’t find a place to hide from this information.
Deirdre LaMotte says
If you are looking for “truth” about Trump it
is way too much for anyone here to post. Seriously,
stay off social media/right wing stations and read
from credible media sources. It really is not difficult
but it is copious.
Sarah Oppenheimer says
And yet my question remains unanswered. I do not watch the news. I talk to people. All kinds of people. There are two movies playing on one screen in this country. If a person believes that they see the truth but the other side does not they are equally as brainwashed. People are having a very difficult time discussing facts. The media has captured the masses with fear.
Charles Barranco says
Excellent article Mr Dean, but let’s forget supposition,
America needs 4 inditements from DOJ, a jury to decide whether there is evidence to convict and Appeals Courts to affirm the verdict.
That’s what America needs for Christmas.