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Specifically, “In terms of the criminal statute, if you can prove that someone incited an insurrection—that is, they incited violence against the government, or they gave aid and comfort to those who did—that violates that law,” Schiff said. “And if you look at Donald Trump’s acts, and you match them up against the statute, it’s a pretty good match. I realize that statute hasn’t been used in a long time. But, then, when have we had a president essentially incite an attack on his own government?”
The committee is also considering criminal or civil referrals against some Trump allies, including referrals to the House Ethics Committee for four congressional Republicans who defied committee subpoenas. Of course, a referral to the House Ethics Committee is useless to the point of being purely symbolic, and not even a very strong symbol.
In addition to issuing referrals, the committee is expected to vote to adopt its final report on the Jan. 6 attack on the U.S. Capitol by a mob of Trump supporters. That report is expected to be publicly released on Wednesday, Dec. 21, along with some witness interview transcripts. The executive summary of the report alone reportedly runs to 100 pages. The committee’s recommendations—beyond prosecution of Trump and others—include reforming the Electoral Count Act (which is expected to happen in the government funding bill currently being negotiated). Additionally, The New York Times reports, “Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office.”
Making this week extra fun for Trump, in addition to the committee’s potential referrals and its public report, the House Ways and Means Committee will meet on Tuesday to decide what to do about the six years of Trump tax returns it finally obtained just before Republicans are set to take control of the House. Whatever the House committee decides, its Senate counterpart should have the right to get those same tax returns once Democrats have majorities on Senate committees.
Trump’s tax returns are no small matter given how aggressively he has built his public persona on tales of his lavish wealth and business acumen—and given that his family business has already been found guilty of criminal tax fraud. “There’s existential consequences on the legal side and reputation and business ones on the tax side,” Trump biographer Tim O’Brien told the Times.
The Jan. 6 committee hearing is scheduled for 1PM ET and Daily Kos will have live coverage.
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Jan. 6 committee prepares for its final public hearing
