There is "sufficient evidence to charge the [former] president with criminal offences in connection with his efforts to overturn the election,” Adam Schiff, Democratic Representative for California's 28th Congressional district and a member of the House January 6 panel, told American media on Sunday.
As the House committee wraps up its work and gets set to present a final report on 21 December, Schiff said that although he did not “want to telegraph too much”, he personally believed that the "evidence was plain".
“This is someone who tried to interfere with a joint session, even inciting a mob to attack the Capitol. If that’s not criminal, then I don’t know what is," the California congressman said.
Formed back in July 2021, the House Select Committee Investigating the 6 January 2021 attack on the US Capitol has interviewed more than 1,000 people and held 10 public hearings, and is now expected to reveal its findings.
The members were to vote on whether to pursue criminal charges against former President Donald Trump, US media reported on Friday, adding that the reported offences recommended to the US Justice Department might include insurrection, conspiracy to defraud the government and obstruction of an official proceeding. Speaking to reporters about the charges, Zoe Lofgren, Democratic Representative for California's 19th Congressional district and a panel member, said on Friday that the committee had “been very careful in crafting these recommendations and tethering them to the facts that we’ve uncovered”.
According to Schiff, the committee's final report will include a decision on who should be referred to the Justice Department for prosecution, as well as what punishment ought to be meted out to those Republican members of Congress who defied the committee’s subpoenas.
"We will also be considering what’s the appropriate remedy for members of Congress who ignored congressional subpoenas as well as the evidence that was so pertinent to our investigation,” Schiff said.
He clarified that the committee has considered options such as censures and referrals to the House Ethics Committee.
Schiff also claimed that the panel has been strides ahead of the US Department of Justice, which has also been conducting its own probe into the events connected with the breach of the US Capitol.
"We have been far out ahead in most respects of the Justice Department and conducting our investigation. I think they have made use of the evidence that we have presented in open hearings. I think they'll make use of the evidence that we prefer to present in our report to further their investigations," Schiff said in the interview on 18 December, adding:
"And I think it makes an important statement, not a political one, but a statement about the evidence of an attack on the institutions of our democracy and the peaceful transfer of power, that Congress examining an attack on itself is willing to report criminality."
The criminal referrals by the House panel are, in effect, symbolic, as Congress cannot compel prosecutors to pursue charges.
On 6 January 2021, pro-Trump demonstrators breached the Capitol complex and delayed the certification of Joe Biden as winner of the 2020 presidential election, results which Trump repeatedly questioned, citing the possibility of fraud. Hundreds of individuals have since been charged with crimes related to the breach. Trump and his allies were accused of instigating the attack on the Capitol building to prevent the peaceful transfer of power to the Democrat.
The US House of Representatives formally impeached Donald Trump on 13 January on the grounds of “incitement of insurrection". However, the Republican was acquitted by the US Senate.
Since the House Select Committee Investigating the 6 January 2021 attack on the US Capitol was formed, the 45th POTUS and his allies have dismissed the probe as a “clown show” and “witch hunt” devised by Democrats to bar Donald Trump from running for office in 2024, or indeed any other time.
On 15 November, Trump announced that he will seek the Republican presidential nomination in 2024, "In order to make America great and glorious again".