Wednesday, March 2, 2022

The January 6 committee says it has evidence showing Trump committed crimes including obstruction and fraud while trying to overturn the election

Former President Donald Trump.
Former President Donald Trump.
  • The Jan. 6 committee said in a new court filing that it believes Trump's efforts to overturn the 2020 election violated several laws.
  • The House panel said the evidence so far indicates Trump tried to obstruct an official proceeding.
  • It also said the evidence suggests Trump conspired to defraud the United States and engaged in common law fraud.

The House select committee investigating the Capitol riot said in a new court filing Thursday that it believes former President Donald Trump's efforts to overturn the 2020 election results violated several laws.

The panel said the evidence it's gathered so far suggests that Trump tried to obstruct an official proceeding; conspired to defraud the United States; and engaged in common law fraud.

With respect to obstruction of Congress, the filing noted that six judges "have addressed the applicability" of the relevant statute "to defendants criminally charged in connection with the January 6th attack on the Capitol."

"Each has concluded that Congress's proceeding to count the electoral votes on January 6th was an 'official proceeding' for purposes of this section, and each has refused to dismiss charges against defendants under that section," the filing said.

The committee also believes Trump and members of his campaign "engaged in a criminal conspiracy to defraud the United States," in violation of federal law.

To prove such a violation, the filing said, prosecutors must establish that "the defendant entered into an agreement … to obstruct a lawful function of the government … by deceitful or dishonest means, and … that a member of the conspiracy engaged in at least one overt act in furtherance of the conspiracy."

Moreover, that agreement doesn't have to be explicit, the filing said, and can "be inferred from the conspirators' conduct in furtherance of their common objectives."

Wednesday's filing came days after a federal judge ruled that Trump can be sued over the Capitol riot, noting that Trump's actions in the days and hours preceding the riot could "reasonably be viewed as a call for collective action" and that he and his followers acted toward a common goal.

"That is the essence of a civil conspiracy," Judge Amit Mehta said in his 112-page ruling.

Insider has reached out to a spokesperson for Trump for comment.

This story is breaking. Check back for updates.

Read the original article on Business Insider


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