“No, you know, we’re going to explain the facts. If the Justice Department looks at it and assumes there’s something that needs a more detailed review, I’m sure they will,” said Rep. Bennie Thompson. he said when asked if the committee would refer Trump or others to the department.
Pressed again on whether the committee would ever make a formal reference to the Justice Department, the Mississippi Democrat said, “No, this is not our job. Our job is to analyze the facts and circumstances around the 6th of May. January, what caused it and make recommendations. after that. “
Although Thompson drew a different line, his statement drew quick reactions from committee members, revealing that the panel is divided on how to handle a possible referral from the former chairman and his associates for prosecution. The committee is holding a series of hearings this month designed to show that Trump was at the center of a conspiracy to prevent certification of the results of the 2020 presidential election and the peaceful transfer of power.
Deputy Liz Cheney, who serves as vice chair of the committee, issued a statement contradicting the president’s comments. “The January 6 select committee has not issued a conclusion on possible criminal references. We will announce a decision in this regard at the appropriate time,” the Wyoming Republican tweeted.
The comment marked a rare public breakup between the two committee leaders.
A spokesman for the committee told CNN in a statement that “the select committee has no authority to prosecute people, but is tasked with developing the facts surrounding the January 6 riot at the Capitol. Right now, the committee is focus on presenting our findings to the American people in our hearings and in our report.Our investigation is ongoing and we will continue to gather all relevant information as we present facts, offer recommendations and, if warranted, do criminal references “.
Committee member Adam Schiff, a California Democrat, appeared surprised Monday after being asked about the president’s comments.
“You know, I haven’t seen the president’s statements,” Schiff told CNN’s Anderson Cooper. “We haven’t had any discussion about it, so I don’t know if the committee has taken a position on whether we make a referral or what the referrals might be. I thought we were postponing that decision until we finished our investigation. At least that’s what I understand.” .
Virginia Democrat Elaine Luria took a step further, tweeting: “Our committee has yet to vote on whether to recommend criminal referrals to the Department of Justice. If criminal activity has occurred, it is our responsibility to report it. this activity in the DOJ “.
For her part, Maryland Democrat Jamie Raskin told CNN that the panel is “less concerned about whether or not a specific legal offense has been committed than making it clear to the public that there was no rational basis for that someone could conclude that (Trump) had won the election. “
While Thompson in his comments ruled out the committee formally asking the Justice Department to investigate a crime, he made it clear that the group is still uncovering evidence that the department can act as it sees fit.
“It’s a public document. Anyone can access it. And if you want to go back and review it and ask to speak with one of the staff members or members who helped with the report, they’ll do it. “Thompson said.
Attorney General Merrick Garland said Monday earlier that he plans to see all committee hearings and that prosecutors dealing with criminal cases arising from the insurgency are also under surveillance.
“I’m watching and I’ll be watching all the audiences, although I may not be able to see them all live,” Garland said. “But I’m sure I’m watching everything. And I can assure you that the prosecutors on January 6 are also monitoring all hearings.”
The attorney general, who has faced growing pressure from Democrats to launch a criminal case against Trump and his allies in connection with the Jan. 6 attack, declined to comment on new evidence provided by the committee. He noted the Justice Department’s lengthy operating procedure for not commenting on ongoing investigations, saying: “We do this both because of the viability of our investigations and because it is the right thing to do with respect to the civil liberties of those investigated.”
Two dozen Democrats have previously told CNN that Garland may have lost his time in criminal charges against top Trump administration officials before the effort was caught in the 2024 presidential campaign that will begin in late December. this year, after the midterm elections.
This story was updated on Monday with additional details.