What are criminal referrals? Does the Justice Department have to act on them? Your referral questions answered.
People familiar with the process have told The Washington Post that the committee is likely to recommend that former president Donald Trump be charged with obstruction of an official proceeding of Congress, conspiracy to defraud the United States and insurrection, a scenario first reported by Politico. It is also possible that the committee will recommend similar charges against key Trump advisers and former administration officials.
While Congress has investigatory and subpoena powers, the legislative body does not have the authority to prosecute anyone. So when Congress wants to charge someone, members make a referral to the Justice Department, urging prosecutors to allege specific criminal violations.
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