Potential Federal Charges Against Former President Donald Trump "and others" regarding the January 6th Attack on the US Capitol

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About This MyTake

Today (M 19 DEC 2022), former US President Donald Trump became the first former US President to be referred to the US Department of Justice for criminal prosecution.

Per The New York Times:

https://www.nytimes.com/2022/12/19/us/politics/jan-6-trump-criminal-justice-dept.html

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Jan. 6 Panel Accuses Trump of Insurrection and Refers Him to Justice Dept.
The committee also accused the former president of three other federal crimes, including conspiracy to defraud the United States. Five Trump allies were referred as well.

By Luke Broadwater

Dec. 19, 2022

WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol accused former President Donald J. Trump on Monday of inciting insurrection, conspiracy to defraud the United States, obstruction of an act of Congress and one other federal crime as it referred him to the Justice Department for potential prosecution.

The action, the first time in American history that Congress has referred a former president for criminal prosecution, is the coda to the committee’s 18-month investigation into Mr. Trump’s effort to overturn the 2020 election that culminated in a violent mob of the former president’s supporters laying siege to the Capitol.

The criminal referrals were a major escalation for a congressional investigation that is the most significant in a generation. The panel named five other Trump allies — Mark Meadows, his final chief of staff, and the lawyers Rudolph W. Giuliani, John Eastman, Jeffrey Clark and Kenneth Chesebro — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation. The charges, including a fourth for Mr. Trump of conspiracy to make a false statement, would carry prison sentences, some of them lengthy, if federal prosecutors chose to pursue them.

The committee’s referrals do not carry legal weight or compel any action by the Justice Department, which is conducting its own investigation into Jan. 6 and the actions of Mr. Trump and his allies leading up to the attack. But the referrals sent a powerful signal that a bipartisan committee of Congress believes the former president committed crimes.

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The purpose of this MyTake is as a public service:
To explain to you - many of whom are not Americans - how US Federal law is enforced and what charges these men MAY face, should the US Justice Department choose to prosecute.


The United States Code and the Department of Justice

The United States Code

In the law of the United States, the Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes. Informally, this is called "The United States Code" or "The US Code".

The United States Code can be found at the House of Representatives website:

https://uscode.house.gov/

although, a better resource is The Legal Information Institute, part of the Cornell University School of Law.

https://www.law.cornell.edu/

https://www.law.cornell.edu/uscode

US Code statutes are identified by a shorthand notation using the Title number, "US Code" or "USC", and the section number(s). This symbol, §, means "Section". This symbol, §§, means "Sections".

The Department of Justice

In the United States, the Department of Justice, which is under the Executive Branch, is that part of the Federal Government that investigates and prosecutes crimes against the United States. The head of the Justice Department ("The DOJ")is the Attorney General (Merrick Garland) who is informally known as "The Nation's Top Cop". When the DOJ prosecutes someone, the person is charged with violating some part of the US Code under Title 18, Part I - Crimes.

The Select Committee to Investigate the January 6th Attack on the United States Capitol

Here in the United States, Congress has committees that specialize in the various areas of government and society. Sometimes, a temporary "Select Committee" is created to investigate certain events. One such select committee is "The Select Committee to Investigate the January 6th Attack on the United States Capitol".

This is the Select Committee's website:
https://january6th.house.gov/

Soon, the Select Committee is about to end after issuing its final report to the House (and the public).

However, on Monday 19 DEC 2022 at 1 PM Eastern Standard Time, the Select Committee held a business meeting.

You can watch that business meeting on YouTube; it is about 90 minutes long although the first 15 minutes and 52 seconds are wasted with a title card.

Related to today's business meeting, the Select Committee released the document "Introductory Material to the Final Report of the Select Committee".

That document is 154 pages long and can be found here in PDF form with a viewer:
https://www.documentcloud.org/documents/23466415-introductory-material-to-the-final-report-of-the-select-committee

or as a PDF file:
https://s3.documentcloud.org/documents/23466415/introductory-material-to-the-final-report-of-the-select-committee.pdf

but, you can read an executive summary here:
https://january6th.house.gov/report-executive-summary

"The Committee believes sufficient evidence exists for a criminal referral of President Trump and others under this statute..."

In the Select Committee's document, "Introductory Material to the Final Report of the Select Committee", the Select Committee referred to the DOJ that former US President Donald Trump and "others" be considered to be charged with violating one or more of several Federal laws ("statutes") regarding the attack on the United States Capitol on W 06 JAN 2021.

Since looking up all these laws (aka "statutes") would take considerable time and most of you do not know where you can find them, I have done the work for you.

List of Federal Statutes Referred to the Justice Department by the Select Committee to Investigate the January 6th Attack on the United States Capitol

UNITED STATES CODE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I—CRIMES (§§ 1 – 2725)

CHAPTER 19—CONSPIRACY (§§ 371 – 373)

18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States

https://www.law.cornell.edu/uscode/text/18/371

If 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.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

18 U.S. Code § 372 - Conspiracy to impede or injure officer

https://www.law.cornell.edu/uscode/text/18/372

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

CHAPTER 47—FRAUD AND FALSE STATEMENTS (§§ 1001 – 1040)

18 U.S. Code § 1001 - Statements or entries generally
18 U.S. Code § 1001(a)(1-3)

https://www.law.cornell.edu/uscode/text/18/1001

(a)Except as otherwise provided in this section, 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;

(2)makes any materially false, fictitious, or fraudulent statement or representation; or

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

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

CHAPTER 73—OBSTRUCTION OF JUSTICE (§§ 1501 – 1521)

18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees

https://www.law.cornell.edu/uscode/text/18/1505

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
18 U.S. Code § 1512(c)(2)

https://www.law.cornell.edu/uscode/text/18/1512

Whoever corruptly—

otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.


CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES (§§ 2381 – 2391)

18 U.S. Code § 2383 - Rebellion or insurrection

https://www.law.cornell.edu/uscode/text/18/2383

Whoever 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, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

18 U.S. Code § 2384 - Seditious conspiracy

https://www.law.cornell.edu/uscode/text/18/2384

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

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If you have any specific questions about all of this, please ask them and I will try and answer them as best as I can, time permitting.

As usual, I do not accept anonymous opinions.

Potential Federal Charges Against Former President Donald Trump "and others" regarding the January 6th Attack on the US Capitol
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