Byron York’s Daily Memo: Trump overkill
TRUMP OVERKILL. With great fanfare, the House Democrats’ Jan. 6 committee sent to the Justice Department four criminal referrals targeting former President Donald Trump. Committee members, all picked for the job by House Speaker Nancy Pelosi (D-CA), want the Justice Department to investigate Trump for 1) obstruction of an official proceeding; 2) conspiracy to defraud the United States; 3) conspiracy to make a false statement; and 4) “incite,” “assist,” or “aid and comfort” an insurrection.
The whole exercise is meaningless, of course. The Justice Department is already investigating allegations surrounding Trump’s role in the Jan. 6 Capitol riot. Prosecutors have no obligation to pay any attention to what the Jan. 6 committee says. Indeed, there is a school of thought that argues the committee’s referrals might even harm the Justice Department’s investigation. “Even if prosecutors meticulously build a case with reliable evidence and testimony,” wrote former federal prosecutor Andrew McCarthy, “a referral enables the defendant to argue that the indictment is politically motivated.”
There is absolutely no doubt that the Jan. 6 committee is politically motivated. Even a legal commentator on CNN admitted Tuesday that the committee has conducted a “one-sided” investigation and that there has been no real examination of witnesses. “Keep in mind, this has been a one-sided affair,” CNN’s Elie Honig said. “Yes, it’s a bipartisan committee, but there’s been no cross-examination. There’s not even been any real examination of the underlying transcripts.”