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Jan. 6 committee prepares for its final public hearing next week [1]

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Date: 2022-12-15

The report is likely to include a broader analysis of the Capitol siege, but it’s uncertain how deep it will really go into topics such as national intelligence failures leading up to or on that day.

Other segments in the final report will feature research compiled by the select committee’s respective investigative teams. Over the course of its probe, the select committee broke out into five teams that researched different facets of Jan. 6. That included the extremist element present before and on that day, the financing of the rallies at the Ellipse, failures by law enforcement, and more.

Along with its final report, the committee could also issue criminal referrals to the Justice Department. Should this happen during the meeting on Monday or come a few days later, it would come as no real surprise.

It has been the committee’s position for months that the evidence it amassed over the course of its investigation indicates Trump broke numerous laws in his bid to reverse his electoral defeat and effectively halt the transfer of power.

This past March, a federal judge arrived at the conclusion that Trump “more likely than not” engaged in a corrupt attempt to obstruct Congress on Jan. 6. The judge said that Trump’s campaign to do this with a cadre of his attorneys and allies like John Eastman was “not confined to the ivory tower—it was a coup in search of legal theory.”

The criminal referrals by the committee would be a symbolic milestone but would have no legal force of effect. The referrals would be, in the simplest terms, the committee stating formally what it has been saying informally for months: We think evidence of a crime exists and we think a criminal case should be filed with the Justice Department.

The committee’s criminal referral does not obligate the Justice Department to act but it also doesn’t need to; the department is already investigating Trump’s actions leading up to Jan. 6 as a part of its broader probe into efforts to overturn the 2020 election results.

The committee’s report or referrals may only really be a boon for the DOJ if they contain new evidence that the agency has yet to consider.

The committee has also broadcast for months that its final report would feature legislative recommendations to deter another Jan. 6-type event from happening again. One of the key recommendations from the panel—an overhaul of the antiquated Electoral Count Act—is under consideration by Congress already. Senate Majority Leader Chuck Schumer hinted earlier this week that the reform of the 1887 law could be wedged into an end-of-year omnibus spending bill.

The committee, per its own resolution, will dissolve on Dec. 31. This final hearing, which is expected to include a short multimedia presentation, will be the body’s last chance to present its findings before the House is consumed by a Republican majority that has historically derided investigations of the Capitol attack.

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[1] Url: https://www.dailykos.com/stories/2022/12/15/2141999/-Jan-6-committee-prepares-for-its-final-public-hearing-next-week

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