A criminal referral from the committee would carry little legal weight, but could increase public pressure on the Justice Department. The department has given little indication of whether it is seriously considering building a case against Mr. Trump.
Understand the Jan. 6 Investigation
Both the Justice Department and a House select committee are investigating the events of the Capitol riot. Here's where they stand:
- Inside the House Inquiry: From a nondescript office building, the panel has been quietly ramping up its sprawling and elaborate investigation.
- Criminal Referrals, Explained: Can the House inquiry end in criminal charges? These are some of the issues confronting the committee.
- Garland’s Remarks: Facing pressure from Democrats, Attorney General Merrick Garland vowed that the D.O.J. would pursue its inquiry into the riot “at any level.”
- A Big Question Remains: Will the Justice Department move beyond charging the rioters themselves?
Attorney General Merrick B. Garland said last week that federal prosecutors remained “committed to holding all Jan. 6 perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy.” But he did not mention Mr. Trump or indicate whether the department considered obstruction of Congress a charge that would fit the circumstances.
There are nonetheless some early indications that federal prosecutors working on charging the Capitol rioters are looking carefully at Mr. Trump’s pressure on Mr. Pence — and his efforts to rally his supporters to keep up that pressure even after Mr. Pence decided that he would not block certification of the Electoral College results.
In plea negotiations, federal prosecutors recently began asking defense lawyers for some of those charged in Jan. 6 cases whether their clients would admit in sworn statements that they stormed the Capitol believing that Mr. Trump wanted them to stop Mr. Pence from certifying the election. In theory, such statements could help connect the violence at the Capitol directly to Mr. Trump’s demands that Mr. Pence help him stave off his defeat.
Gina Bisignano, a Beverly Hills beautician who helped her fellow Trump supporters smash at a window at the Capitol, noted in court papers connected to her plea that she had marched on the building specifically after hearing Mr. Trump encourage Mr. Pence “to do the right thing.”
While in the crowd, the papers say, Ms. Bisignano filmed herself saying, “We are marching on the Capitol to put some pressure on Mike Pence.” The papers also note that once Ms. Bisignano reached the building, she started telling others “what Pence’s done,” and encouraged people carrying tools like hatchets to break the window.
Similarly, Matthew Greene, a member of the Central New York chapter of the Proud Boys, said in court papers connected to his own guilty plea that he had conspired with other members of the far-right group to “send a message to legislators and Vice President Pence” who were inside the Capitol certifying the final stage of the election.