The House January 6 select committee plans at its final meeting on Monday to refer Donald Trump and top advisers to the justice department for criminal conduct connected to the former president’s efforts to overturn the 2020 election and release the executive summary of its final report.
The panel is expected to take several conclusive steps at the meeting, announced for 1pm, including outlining its investigative findings and legislative recommendations, voting to formally adopt the report, and then voting to issue criminal and civil referrals.
The committee was scheduled to meet over the weekend to finalize the referrals, which, in the case of Trump, center on obstruction of an official proceeding of Congress and conspiracy to defraud the United States, among other potential charges, the Guardian first reported.
The anticipated criminal referrals against Trump mark a remarkable moment for a precedent-shattering investigation into the former president’s efforts to reverse his 2020 election defeat at any cost and impede the congressional certification that culminated in the Capitol attack early last year.
In addition to Trump, the select committee is likely to proceed with criminal referrals against top former White House advisers, including the former chief of staff Mark Meadows, and to make civil referrals to the House ethics committee for GOP members of Congress and recommend disbarments for Trump lawyers.
The criminal referrals are largely symbolic. Congress has no ability to compel prosecutions by the justice department, although it has increasingly ramped up its own January 6 investigations in recent weeks and subpoenaed a parade of top Trump advisers to testify before at least two grand juries in Washington.
But the expected referrals – essentially letters to the justice department urging charges – presage a moment of high political drama at Monday’s final business meeting of the select committee, which has run a supercharged investigation staffed by multiple former federal prosecutors.
The panel has broadly concluded the Capitol attack was a conspiracy, according to sources familiar with its work. It concluded Trump oversaw a “political” plan to have his vice-president, Mike Pence, refuse to certify the election for Joe Biden, and a “coup” plan to pressure Congress if Pence refused.
For the investigators on three principal teams - the gold team examining the Trump White House and Republican congressmen, the red team examining January 6 rally organizers, and the purple team examining the extremist groups that stormed the Capitol – the chief suspect has, for months, been Trump.
The former president’s desire to illegally impede the certification was clear months before January 6, the investigators are said to believe, from when Trump assented to a fake elector plot to have states replace electoral college votes for Biden with votes for him, to refusing for many hours to call off the attack as it happened.
Though Trump did not leave a paper trail that might come back to haunt him as evidence, his aides did. And although Trump deftly wielded the powers of the presidency while in office to stymie investigations, once out of office he found those powers drastically reduced.
As a result, the select committee was able to draw upon testimony from hundreds of witnesses and thousands of documents, including White House materials turned over by the National Archives, that investigators believe amount to compelling evidence of criminality, the sources said.
The panel is only expected to provide a top-level outline of its report on Monday, though the entirety of the eight-chapter document is scheduled to be made public on Wednesday, and all of the deposition transcripts will be released online before the end of the year.
The final report - which will include an extended executive summary of more than 100 pages - roughly tracks the select committee’s public hearings from the summer. Chapter topics include Trump’s fake-elector plot, his illegal effort to pressure Pence, and his inaction in the West Wing during the 187 minutes of the Capitol attack.
“We obviously want to complete the story for the American people,” the congressman Jamie Raskin, a member of the select committee, said. “Everybody has come on a journey with us, and we want a satisfactory conclusion, such that people feel that Congress has done its job.”
The transcripts and other evidence cited in the report will be uploaded, with some redactions, through the Government Publishing Office, another federal agency, in an attempt to ensure that the House Republican majority in the next Congress cannot unilaterally remove the documents.
