Jan. 6 committee refers Trump to DOJ for criminal charges

Criminal referrals on multiple charges were approved unanimously.

Last Updated: December 20, 2022, 6:27 AM EST

The House select committee examining the Jan. 6 attack at the U.S. Capitol has held its final public meeting.

The panel voted to approve criminal referrals for former President Donald Trump regarding his failed attempt to overturn the 2020 election.

Dec 19, 2022, 1:07 PM EST

Final committee meeting begins

The final business meeting of the Jan. 6 committee is underway, bringing members’ 18-month-long investigation to a dramatic and televised close.

After ten public hearings and hundreds of hours of closed-door depositions on what led to the Capitol attack, the committee is meeting publicly one last time to present referrals and vote to approve its final report.

Vice Chair Liz Cheney, R-Wyo., speaks as the House select committee investigating the Jan. 6 attack on the U.S. Capitol, holds a hearing on Capitol Hill in Washington, Oct. 13, 2022.
J. Scott Applewhite/AP

Members are expected to release an executive summary of their report following the meeting including details on expected criminal referrals as well as more information about witnesses who have appeared before the committee, according to a committee aide. Sources tell ABC News members are expected to recommend criminal charges against Trump.

Monday’s executive summary comes ahead of a fuller release of the committee’s final report on Wednesday. The select committee is set to expire on Dec. 31, 2022, just days before Republicans take back control of the House.

Dec 19, 2022, 1:02 PM EST

Panel to transmit criminal referrals 'shortly' after business meeting: Thompson

Going into the committee room on Monday, Chairman Bennie Thompson told reporters the committee plans to transmit the criminal referrals to the Department of Justice shortly after they "take care of business today."

Thompson also said he has no plans to meet with Special Counsel Jack Smith, who is overseeing the Justice Department's major Jan. 6 cases as well as the department’s investigation into classified documents taken from the White House by Trump.

-ABC News Katherine Faulders and Will Steakin

Dec 19, 2022, 12:00 PM EST

What it means for the committee to make criminal referrals


The Justice Department is not obligated to act on referrals, but public hearings outlining Trump's "seven-point plan" to overturn the 2020 presidential election have amped up pressure on Garland to bring criminal charges against Trump -- which would be the first in history against a former president.

Supporters of President Donald Trump participate in a rally, Jan. 6, 2021, in Washington.
John Minchillo, AP Photo, File

The Justice Department for months has been conducting its own separate investigation into Jan. 6, which has included multiple former senior Trump White House staffers along with his close allies appearing before grand juries.

"The committee's public hearings have raised the stakes enormously for the country, in the sense that the criminal activity shown to have gone on is so brazen, that if the Justice Department does not enforce the law in this case, it really does further erode the rule of law and democracy," Ryan Goodman, a New York University School of Law professor, told ABC News.

Click here for more on the pros, cons and limits of a congressional criminal referral.

Dec 19, 2022, 11:12 AM EST

What’s happened since the last Jan. 6 committee hearing

The committee last met in public on Oct. 13 when members voted unanimously to subpoena Donald Trump.

Since then, Trump has sued to block the subpoena from being enforced. Chairman Bennie Thompson, D-Miss., said the panel was looking at paths forward after Trump's lawsuit but it has yet to take any action in court.

The committee has also interviewed more witnesses since its last hearing, including former White House deputy chief of staff for operations and top Secret Service official Tony Ornato -- the figure at the center of bombshell testimony involving an alleged physical confrontation between Trump and his security detail in the president's vehicle on Jan. 6.

Wisconsin Assembly Speaker Robin Vos and former Trump White House adviser Kellyanne Conway also have met with the committee since its last public meeting.

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