Exclusive: January 6 panel considering Trump referral to justice department for obstruction of Congress

The House January 6 select committee is considering a criminal referral to the justice department against Donald Trump for obstruction of an official proceeding of Congress and conspiracy to defraud the United States on the recommendation of a special subcommittee, according to sources familiar with the matter.

The select committee could pursue additional criminal referrals for Trump and others, given the subcommittee raised the obstruction of an official proceeding and conspiracy to defraud statutes among a range of options, including insurrection, and discussions about referrals continued on Thursday, said the sources.

The recommendations presage a moment of high political drama next Monday, when the full panel will vote publicly to adopt its final report and formally decide on making referrals, and increase pressure on the attorney general, Merrick Garland, to seek charges over January 6.

The former president was seen to have met the elements of the offense since he relentlessly pressured Mike Pence to refuse to count electoral college votes for Joe Biden, despite knowing he had lost the election and had been told the plan was illegal.

Trump could also be referred for conspiracy to defraud the United States, the subcommittee suggested, arguing the former president violated the statute that prohibits entering into an agreement to obstruct a lawful function of government by dishonest means.

The discussions about referring Trump for obstruction of an official proceeding and conspiracy to defraud appeared to build upon the major win for the panel in May, when a federal judge found that Trump and the lawyer John Eastman likely engaged in felonies in trying to subvert the 2020 election.