The US attorney general has given his clearest indication yet that Donald Trump could be prosecuted for his alleged role in attempting to overthrow the 2020 presidential election result.
Merrick Garland, in an interview with NBC News, said “we pursue justice without fear or favour” as he discussed the US Justice Department investigation into the January 6 Capitol riot and the events surrounding it.
“We intend to hold everyone, anyone, who is criminally responsible for events surrounding January 6th, or any attempt to interfere with the lawful transfer of power from one administration to another accountable. That’s what we do,” Mr Garland added.
When asked if former president Trump becomes a candidate for the White House again in 2024 this could affect the investigation, he said: “I say again, that we will hold accountable anyone who was criminally responsible for attempting to interfere with the transfer, legitimate lawful transfer of power from one administration to the next.”
Mr Garland spoke as reports emerged that the US Justice Department is examining Mr Trump’s alleged involvement in efforts to overturn the election result.
According to a report in the Washington Post, federal prosecutors questioned witnesses before a grand jury about their conversations with Mr Trump and his inner circle in the months leading up to the January 6 riot in which his supporters stormed the Capitol in a siege that resulted in five deaths.
The witnesses were reportedly asked about instructions given by Mr Trump in connection to any attempts to prevent President Biden’s election victory from being ratified by Congress.
The January 6 congressional committee has also been holding an investigation into the armed storming of the Capitol. Among explosive testimony it heard was that given by Cassidy Hutchinson, a former aide to the White House chief of staff.
She claimed Mr Trump knew that members of the crowd at his morning rally near the White House, who later stormed the Capitol, were armed. “I don’t [expletive] care that they have weapons. They’re not here to hurt me,” Ms Hutchinson said she heard the president say. “Let my people in. They can march to the Capitol from here.”
The January 6 committee has previously suggested Mr Trump could be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.
A court filing from its lawyers also said there was evidence that his baseless claims that the election had been stolen amounted to common law fraud. If convicted he could face jail.
Mr Trump returned to Washington for the first time on Tuesday since leaving office, giving a speech in which he hinted that he would stand again in 2024.