The panel’s recommendations are correct. It is a crime to interfere with an official proceeding of Congress.
The Jan. 6 committee that concluded its work Monday represents the third and likely final chance for Congress to establish a historical record with regard to Donald Trump’s wrongdoing while president.
The panel recommended criminal charges against Trump for obstructing an official proceeding of Congress ; for conspiracy to defraud the United States by denying the election results; conspiracy to make a false statement; and for inciting, assisting, or providing aid and comfort to an insurrection.The vote-counting on Jan. 6 was an official proceeding of Congress, and it is a crime to interfere in one.
Finally, the Jan. 6 attack on Capitol was certainly an insurrection. There is enough evidence to go to court to charge Trump with inciting it. To be sure, a court would have to apply First Amendment analysis to see if Trump intended to incite and if his words were likely to incite imminently. That’s what courts are for.
Yet it’s important also to acknowledge that, notwithstanding its importance, the effect of the referral is mostly symbolic. Jack Smith, the special prosecutor appointed by Attorney General Merrick Garland, will not be influenced meaningfully by the referral.
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