Rep. Adam Schiff would not say what criminal referrals the Jan. 6 committee is planning, but he thinks the DOJ should throw the book at Donald Trump for trying to overturn the 2020 presidential election.
December 19, 2022

On Sunday’s State of the Union show, Schiff told host Jake Tapper that, as a former prosecutor, he thinks there’s "sufficient evidence” to charge Donald Trump with “criminal offenses in connection with his efforts to overturn the election.”

Schiff acknowledged that he doesn’t know what evidence the Justice Department has and that if he were in the prosecutor’s shoes, he’d want to see the full body of evidence.

“But this is someone who, in multiple ways, tried to pressure state officials to find votes that didn't exist. This is someone who tried to interfere with a joint session, even inciting a mob to attack the Capitol,” Schiff continued. “If that’s not criminal, then -- then I don't know what it is.”

That is not to say the January 6 committee will vote in sync with Schiff’s views, he emphasized. “But I will say that I think the president has violated multiple criminal laws. And I think you have to be treated like any other American who breaks the law, and that is, you have to be prosecuted.”

Schiff went on to explain the crime of insurrection that he believes Trump committed. “If you can prove that someone incited an insurrection, that is, they incited violence against the government, or they gave aid and comfort to those who did, that violates that law,” Schiff said. “And if you look at Donald Trump's acts, and you match them up against the statute, it's a pretty good match.”

“I realize that statute hasn't been used in a long time. But, then, when have we had a president essentially incite an attack on his own government?” Schiff added.

We will find out for sure Monday afternoon whether or not the committee concurs with Schiff.

But it is really up to the Department of Justice to make the final decision on any criminal charges.

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