One option being examined by the committee, as Ms. Cheney revealed, is whether there is evidence to make a referral of Mr. Trump or others based on an obscure obstruction charge that federal prosecutors have been using to pursue rioters at the Capitol on Jan. 6: the disruption of Congress’s duty to certify the final stage of a presidential election.
That charge, which has been used in lieu of more overtly political counts like sedition or insurrection, has been brought against more than 200 rioters.
As part of their effort to weigh whether the charge would be warranted, the committee is trying to glean what it can about what Mr. Trump was saying behind closed doors about what he believed from those who were working with him in the months after Election Day last year, the people briefed on the inquiry said.
The committee is also examining whether there is enough evidence to make a wire fraud referral over how Mr. Trump’s campaign and the Republican Party raised $255.4 million from donors as he and his allies fund-raised off the false claim that the election had been stolen.
The line of inquiry has already created questions about whether people associated with the campaign have criminal exposure and created tension between witnesses and investigators. In November, the committee subpoenaed the chairman of Mr. Trump’s campaign, Bill Stepien, to testify. Along with the subpoena, the committee sent Mr. Stepien a letter raising the possibility that he was aware that the campaign was raising money by making false claims about election fraud.
“As manager of the Trump 2020 re-election campaign, you oversaw all aspects of the campaign,” the letter said. “You then supervised the conversion of the Trump presidential campaign to an effort focused on ‘Stop the Steal’ messaging and related fund-raising. That messaging included the promotion of certain false claims related to voting machines despite an internal campaign memo in which campaign staff determined that such claims were false.”
The letter led Mr. Stepien to push back on the committee, claiming that it had unfairly tainted him. His lawyer, Kevin Marino, said in response to questions that the committee’s chairman, Representative Bennie Thompson, Democrat of Mississippi, “has expressly advised us that it was never the select committee’s intent to directly or indirectly suggest that Bill Stepien was involved in criminal activity.”