White House tries to distance itself from Committee’s January 6 recommendation to impeach Trump

The House select committee investigating the assault on the capitol of the United States of January 6, 2021 is scheduled to release its final report on Thursday, referring former President Donald Trump to the Department of Justice for criminal investigation and possible prosecution for seeking to overturn the results of the 2020 election in a won election. by President Joe Biden.

As Attorney General Merrick Garland considers whether to accept the recommendationthe White House has been careful to avoid the appearance that it is targeting a potential political opponent in the 2024 election.

On numerous occasions, the White House press secretary, Karine Jean-Pierre, has emphasized that the Executive will not politicize the process.

“I just want to be very careful and refer you to the Department of Justice on that, because this administration and the Department of Justice conduct criminal investigations independently, free from political interference or any kind,” he said earlier this week.

The report, which will be published just two weeks before the second anniversary of the capture of the Capitol by Trump supportersculminates an unprecedented chapter in US history in which a committee of lawmakers, including two Republicans, recommended that the Justice Department pursue at least four criminal charges against Trump related to his alleged efforts to prevent the peaceful transfer of Presidential Power: Obstruction of an official proceeding, Conspiracy to defraud the United States, Conspiracy to make a false statement, and incitement, rebellion, or insurrection.

“No former president of the United States has ever been charged with criminal conduct. Given the high stakes and the sensitivity, it would be prudent for the administration to simply step aside at this point,” he told the voice of america Peter Loge, director of the Project on Ethics in Political Communication at George Washington University.

“The best thing President Biden can do is what he’s doing, which is, you know, the House committee made a really compelling case. The way I see it is very clear, I agree with his conclusions, we have to continue defending and promoting democracy, and now it’s up to the Department of Justice,” added Loge.

Hold those responsible accountable

Last month, after a jury in Washington to sentence two members of the far-right group Oath Keepers on charges of seditious conspiracy for crimes related to the attack on the Capitol, Garland said the department will continue to work “to hold accountable those responsible for crimes related to the attack on our democracy on January 6, 2021.”

However, investigating such a public and controversial figure as Trump clearly has political implications, especially after his announcement in November that he will be running for president in 2024.

Running for president does not protect a person from criminal investigations: Hillary Clinton, Trump’s opponent in 2016, was investigated starting in 2015 for her use of a private email server. In addition, the Department of Justice has been conducting investigations related to the alleged mishandling of classified documents by Trump at his Florida residence, as well as possible attempts to overturn the 2020 election results.

Still, officials must exercise caution to avoid even the appearance that the investigation of the former president is politically motivated.

Independence of the Department of Justice

The attorney general is appointed by the president and confirmed by the Senate, but the Justice Department has a degree of independence stemming from practices established after the 1974 Watergate scandal, when President Richard Nixon attempted to use department officials for his political agenda. , ordering Attorney General Elliot Richardson to fire Special Counsel Archibald Cox. Richardson refused and resigned. Nixon then ordered Assistant Attorney General William Ruckelshaus to fire Cox; Ruckelshaus refused and also resigned.

There is also the 1978 Government Ethics Act that allows misconduct investigations to operate independently of presidential control, which provided the legal basis for Garland to appoint special counsel Jack Smith to lead the Trump investigations in November.

“Such an appointment underscores the department’s commitment to both independence and accountability in particularly sensitive matters,” Garland said.

Many Republicans, including Mike Pence, a former Trump vice president, say that even with the investigation being handled by a special counsel, the Justice Department should not accept the committee’s recommendation.

“I hope they don’t bring charges against the former president,” Pence said in an interview with FoxNews earlier this week. “I think the actions and words of the president on january 6 they were reckless, it is criminal to receive bad advice from lawyers. So I hope the Department of Justice is careful.”

Other observers, however, believe that despite the risk of further widening political divisions, a full investigation is worthwhile.

“There is at least the possibility that genuine independence from the Department of Justice and a careful prosecution undertaken against a former president who was in important ways lawless will have the effect of buttressing the rule of law and protecting our democracy,” said William Howell, professor in American politics at the University of Chicago. “That’s the bet the Department of Justice is making.”

Howell said that no matter how well Smith conducts the investigations, how much evidence he uncovers and how carefully he follows the law, he expects Trump and his supporters to complain.

Trump already did it. Last month he criticized Smith’s appointment, calling it a continuation of what he calls the witch-hunt against him by Democrats.

“Over the years, I’ve turned over millions and millions of pages of documents, tax returns and everything else, and they haven’t found anything,” Trump said during a speech at Mar-a-Lago.

“This means that I have proven to be one of the most honest and innocent people in our country,” the former president asserted.

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