It's no shock the House Jan. 6 committee Monday referred former President Donald Trump to the Justice Department for criminal investigation of his efforts to impinge the peaceful transfer of power after his 2020 defeat.
Given the highly partisan nature of this enterprise, it would have been remarkable had the Democratic-dominated committee reached any other conclusion.
Still, despite the political opportunism of much of the committee's work, what it brought to light about Trump's activities should nauseate all Americans, no matter their political leanings.
What Trump did had never been done before by an American president. Rather than accept the people's clearly stated will at the ballot box, he worked to undermine confidence in the vote and build a false narrative of a stolen election.
Worse, he attempted to convince other officials to take steps to block certification of the vote, and in the final days of his tenure, used his waning power in a desperate play to hang on to an office he hadn't won.
Those facts are indisputable.
Whether they will rise to criminal acts is uncertain, as is whether Trump is actually responsible for the attack on the Capitol by an angry mob. Trump did fire up a crowd with his defiant speech prior to the riot. He also sat silently for hours while the mayhem ensued, waiting until the end of the day to urge his supporters to peacefully exit the building.
The referral accuses him of obstructing an official congressional proceeding, conspiracy to defraud the government, conspiracy to make a false statement and inciting or assisting an insurrection.
The referral does not carry the weight of law. It goes to a Justice Department that has already appointed a special prosecutor to investigate Trump's behavior after the election.
It will be that investigation that determines whether criminal charges will be lodged against the former president.
The probe should proceed with some urgency, and outside of the public eye. The nation has been immersed in the Jan. 6 drama for most of the past year, thanks to the carefully timed and theatrically staged hearings of the committee. The hearings were designed to impact the midterm election.
The prosecutor, Jack Smith, with the committee's report in hand and his own work, should have the information he needs to come to a swift decision on whether charges against Trump are merited. The aim should be to complete the work early in 2023, and not allow it to creep into 2024, when it would pose the risk of influencing yet another election.
Trump has announced his candidacy for the presidency in 2024. The outcome of the criminal probe will obviously play a factor in his ability to mount a campaign. Fairness demands the process move with efficiency.
____
