💬 Discussion

Should former President Trump face charges for Jan. 6?

Friday, Jan 6, 2023

Image: Jon Cherry/Getty

Today marks the two-year anniversary of the January 6 riot at the US Capitol. It’s also two weeks after the former House committee investigating the incident published its final report on the situation, following a year-and-a-half of investigation, 10 public hearings, and interviews with 1,000+ witnesses.

📑 What did the report say?... The committee, made up of seven Democrats and two Republicans, began by stating then-President Trump was informed “time and time again” by his advisors and other US officials that the 2020 election wasn’t stolen from him, but he chose to keep claiming otherwise.

Other chapters included material on:

  • Trump’s efforts to pressure state election officials to overturn local results.
  • His attempt to persuade senior DOJ officials to aid his campaign to reverse the election.
  • Trump’s failure to take action for 3+ hours following his speech on Jan. 6 while rioters rushed the Capitol.

The 845-page report concluded by asserting that Trump was personally responsible for the attack on the Capitol. Which didn’t exactly come as a surprise, given the committee had unanimously voted three days earlier to refer Trump to the DOJ for four potential criminal charges – including insurrection – in its final public hearing before disbanding.

✋ Yes, but: Congress doesn’t have the power to bring charges or initiate a criminal investigation, but it can call for the Justice Department to launch a probe. These requests, or criminal referrals, don’t hold any legal weight or influence over the DOJ’s decisions.

  • At the moment, the Justice Department is running a separate investigation into the events of Jan. 6. This probe is led by an independent special counsel, and will make its own determination of what – if any – charges to bring against former President Trump.

📊 Flash poll: In your opinion, should former President Trump be criminally charged for Jan. 6?

Yes

No

Unsure/other

See a 360° view of what media pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that the Jan. 6 committee was justified to recommend Trump for criminal charges based on the facts they laid out over months of public hearings – many of which came from Trump’s own employees.
  • Others contend that Trump and his associates need to face justice in order to prevent a similar insurrection aimed at the US government from ever occurring again.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that the Jan. 6 committee’s decision to refer Trump for criminal charges is ultimately a political gesture that only serves to inflame conflict between both political parties, and doesn’t actually accomplish anything of value.
  • Others contend that the entire Jan. 6 committee was pointless, since the DOJ is already conducting its own separate investigation into the events of that day (and they, unlike Congress, can actually bring charges).
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