The Parliamentary Commission of Inquiry into the January 6, 2021 Capitol Attack during its final session at the Cannon House Office Building in Washington on December 19, 2022. JIM LO SCALZO / AFP
Donald Trump must be prosecuted as a criminal for acts of exceptional seriousness. That was the conclusion—both symbolic and historical—of the House Committee of Inquiry into the Jan. 6, 2021 attack on the Capitol. During its final public hearing on Monday, Dec. 19, the commission maintained four possible grounds for indictment: obstruction of official process (the confirmation of the results in Congress after Joe Biden’s victory), conspiracy against the United States, conspiracy to fabricate false declarations (the alternative voter lists), and ultimately incite or assist an insurrection.
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The nine elected members of the House of Representatives believe that at the end of their monumental eighteen months of work they will have enough evidence to make these recommendations to the Department of Justice (DOJ). The latter is in no way obliged to appropriate them. Here comes the nuance between parliamentary work, rigorous and comprehensive as it is, and the construction of an indictment that must stand up to a grand jury that will decide possible indictments.
For the commission, Donald Trump’s responsibilities are indisputable, as detailed in a 160-page summary released Monday ahead of the full report on Dec. 21. This compelling text is mainly based on the testimonies of close advisers. He manages to piece together all the pieces of the dark enterprise that aimed to prevent the peaceful transfer of power. A coup was attempted and failed. At the top stood Donald Trump, intoxicated by his own lies, ready to burn it all down instead of losing it all.
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Well before the November 3, 2020 presidential election, Trump had planned to contest an unfavorable outcome, regardless of advice from his advisers. He then initiated a campaign of lies about imaginary scams and raised significant funds (nearly $250 million) from his supporters. He tried to promote alternative slates in certain key states, pressured local election officials like Georgia, urged the Justice Department to condone his lies, urged his Vice President Mike Pence to prevent the results from being confirmed in Congress. Then Donald Trump multiplied mobilization calls in anticipation of January 6, activating armed extremist groups like the Proud Boys or the Oath Keepers to have his supporters march towards Congress.
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