House January 6 panel to issue criminal referrals to DoJ as tensions heighten

But the decision to move forward with referrals comes days after a special four-member subcommittee established to consider the issue recommended that the full committee seek prosecution from the justice department for a number of individuals connected to January 6, two sources said.The referrals could follow two tracks: citations for things that Congress can request prosecution by statute, such as perjury or witness tampering, or wider-ranging recommendations such as making the case that Donald Trump obstructed an official proceeding on 6 January.

At issue is the value of making referrals when the justice department could now be in a better position to asses potential crimes.

The select committee might have once argued that it made sense to issue referrals for instance for lying to Congress because it alone could determine whether witnesses had made false statements to investigators.

But with the panel committed to releasing all of its evidence and transcripts alongside the final report, the department might now be best placed to identify false or contradictory statements to Congress, given how federal prosecutors have now interviewed many of the same witnesses.

The move is likely to lead to intense speculation as the committee puts the finishing touches on its report into the insurrection at the Capitol and those who took part in it and the build up to the attack.