The Senate acquitted former President Donald Trump last year of inciting the Capitol insurrection. But neither Trump nor any of his top advisers have faced charges over the attack in a court of law, and it's uncertain if they ever will.
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How Trump could be charged
CRIMINAL CONSPIRACY TO DEFRAUD THE UNITED STATES
After floating possible crimes for several months, lawmakers on the panel put it on paper for the first time in a March court filing. The filing was in response to a lawsuit from John Eastman, a lawyer and law professor who was consulting with Trump while attempting to overturn the election and who tried to withhold documents from the committee.
OBSTRUCTION OF AN OFFICIAL PROCEEDING
Late last month, U.S. District Court Judge David Carter appeared somewhat swayed by the panel’s arguments. In ordering Eastman to turn over the materials, Carter wrote that the court “finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”
COMMON LAW FRAUD
The committee has also floated a charge of “common law fraud,” or falsely representing facts with the knowledge that they are false. Trump embarked on a wide-scale campaign to convince the public and federal judges that the 2020 election was fraudulent and that he, not Biden, won the Electoral College tally. Election officials and courts across the country, along with Trump’s attorney general, rejected those claims.
DERELICTION OF DUTY
Though they didn’t lay it out in the Eastman filing, leaders of the House panel suggested earlier this year that they believe Trump could also be liable for “dereliction of duty,” or inaction as his supporters violently broke the windows and doors of the U.S. Capitol.
FINANCIAL CRIMES
While the committee hasn’t floated specifics, it has created an internal task force to investigate financing for the massive rally on the National Mall the morning of Jan. 6 and any donors who might have backed transportation or other costs that could have helped foster the violence.
Asked earlier this year on CNN if they have any evidence of financial fraud, Thompson said members of the committee “have some concerns, but we have not made those concerns public at this point.”
WHAT'S NEXT?
More than 775 rioters have been arrested for crimes related to the insurrection. Yet legal consequences have been elusive for Trump and the other top officials who told lies about election fraud and laid the groundwork for their actions.
Congress has no authority to prosecute, but can send so-called criminal referrals to the Justice Department. Garland can then decide whether to act.
Images of chaos: AP photographers capture US Capitol riot
Rioters scale a wall at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
Supporters loyal to then-President Donald Trump attend a rally on the Ellipse near the White House on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
Trump supporters participate in a rally in Washington on Jan. 6, 2021. (AP Photo/John Minchillo)
Trump supporters participate in a rally Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
Then-President Donald Trump gestures as he arrives to speak at a rally in Washington, on Jan. 6, 2021. (AP Photo/Jacquelyn Martin)
People listen as then-President Donald Trump speaks during a rally Jan. 6, 2021, in Washington. (AP Photo/Evan Vucci)
Supporters of then-President Donald Trump try to break through a police barrier at the Capitol in Washington on Jan. 6, 2021. (AP Photo/Julio Cortez)
A supporter of then-President Donald Trump is injured during clashes with police at the U.S. Capitol, Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
A rioter pours water on herself at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
A Trump supporter holds a Bible as he gathers with others outside the Capitol, Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo/John Minchillo)
A demonstrator supporting then-President Donald Trump, is sprayed by police, Jan. 6, 2021, during a day of rioting at the Capitol.(AP Photo/John Minchillo)
Rioters try to enter the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
U.S. Capitol Police try to hold back rioters outside the east doors to the House side of the U.S. Capitol, Jan 6, 2021. (AP Photo/Andrew Harnik)
Rioters gather outside the U.S. Capitol in Washington, on Jan 6, 2021. (AP Photo/Andrew Harnik)
Protesters gather outside the U.S. Capitol, Jan 6, 2021. (AP Photo/Andrew Harnik)
Jacob Anthony Chansley, center, with other insurrectionists who supported then-President Donald Trump, are confronted by U.S. Capitol Police in the hallway outside of the Senate chamber in the Capitol, Jan. 6, 2021, in Washington. Chansley, was among the first group of insurrectionists who entered the hallway outside the Senate chamber. (AP Photo/Manuel Balce Ceneta)
U.S. Capitol Police hold rioters at gun-point near the House Chamber inside the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
Lawmakers evacuate the floor as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
Police with guns drawn watch as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
Congressmen shelter in the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
Members of Congress wear emergency gas masks as they are evacuated from the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
The House gallery is empty after it was evacuated as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
Rep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
Members of the DC National Guard surround the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., read the final certification of Electoral College votes cast in November's presidential election during a joint session of Congress after working through the night, at the Capitol in Washington, Jan. 7, 2021. (AP Photo/J. Scott Applewhite, Pool)
A flag hangs between broken windows after then-President Donald Trump supporters tried to break through police barriers outside the U.S. Capitol, Jan 6, 2021. (AP Photo/John Minchillo)
A flag that reads "Treason" is visible on the ground in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
An ATF police officer cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
24 possible Republican presidential candidates in 2024
Donald Trump
Former President Donald Trump prepares to take the stage during a rally in Perry, Ga., on Sept. 25, 2021.
Here's a quick glance at 24 Republicans mentioned in media reports as potential candidates in the 2024 GOP presidential primary. Some will only run if the former president doesn't. Others might run regardless.
Mike Pence
Former Vice President Mike Pence speaks about abortion ahead of oral arguments in Dobbs v. Jackson Women's Health Organization, at the National Press Club in Washington, Tuesday, Nov. 30, 2021.
Gov. Ron DeSantis
Florida Gov. Ron DeSantis speaks at the Conservative Political Action Conference (CPAC) Thursday, Feb. 24, 2022, in Orlando, Fla.
Gov. Larry Hogan
Maryland Gov. Larry Hogan speaks at a news conference on Tuesday, Jan. 11, 2022 in Annapolis, Md. where he said he plans to remain focused on being governor and does not have a "burning desire to serve in the U.S. Senate."
Gov. Greg Abbott
Texas Gov. Greg Abbott speaks during a primary election night event, Tuesday, March 1, 2022, in Corpus Christi, Texas.
Gov. Kristi Noem
South Dakota Gov. Kristi Noem, speaks at the Conservative Political Action Conference (CPAC) Friday, Feb. 25, 2022, in Orlando, Fla.
Gov. Chris Sununu
New Hampshire Gov. Chris Sununu speaks at the annual Hillsborough County NH GOP Lincoln-Reagan Dinner, June 3, 2021, in Manchester, N.H.
Gov. Asa Hutchinson
Arkansas Gov. Asa Hutchinson testifies before a Senate Judiciary Committee hearing on Capitol Hill, in Washington.
Chris Christie
Chris Christie, former governor of New Jersey, speaks during a news conference in Newark, N.J.
Nikki Haley
Nikki Haley, former Ambassador to the United Nations and governor of South Carolina, speaks during the Iowa Republican Party's Lincoln Dinner, Thursday, June 24, 2021, in West Des Moines, Iowa.
Sen. Josh Hawley
Sen. Josh Hawley, R-Mo., stands in his office on Capitol Hill, Wednesday, March 9, 2022, in Washington.
Sen. Ted Cruz
Sen. Ted Cruz, R-Texas, speaks during a news conference with Republican lawmakers about Ukraine, on Capitol Hill, Wednesday, March 2, 2022, in Washington.
Sen. Tom Cotton
Sen. Tom Cotton, R-Ark., speaks during a Senate Judiciary Committee hearing to examine Texas's abortion law, Wednesday, Sept. 29, 2021 on Capitol Hill in Washington.
Sen. Ben Sasse
Sen. Ben Sasse, R-Neb., speaks during a hearing of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, on Capitol Hill, Tuesday, April 27, 2021, in Washington.
Sen. Marco Rubio
Sen. Marco Rubio, R-Fla., questions Secretary of State Antony Blinken during a Senate Foreign Relations Committee hearing on Capitol Hill in Washington.
Sen. Rick Scott
Sen. Rick Scott, R-Fla., speaks at the Conservative Political Action Conference (CPAC) on Feb. 26, 2022, in Orlando, Fla.
Sen. Tim Scott
Sen. Tim Scott, R-S.C., speaks to reporters as senators arrive for votes at the Capitol in Washington, Tuesday, July 13, 2021.
Rep. Liz Cheney
Rep. Liz Cheney, R-Wyo., speaks during the Nackey S. Loeb School of Communications' 18th First Amendment Awards at the NH Institute of Politics at Saint Anselm College in Manchester, N.H., on Nov. 9, 2021.
Rep. Adam Kinzinger
FILE - Rep. Adam Kinzinger, R-Ill., questions witnesses during the House select committee hearing on the Jan. 6 attack on Capitol Hill in Washington, July 27, 2021.
Rep. Dan Crenshaw
Rep. Dan Crenshaw, R-Texas, questions witnesses during a House Committee on Homeland Security hearing on 'worldwide threats to the homeland', Thursday, Sept. 17, 2020 on Capitol Hill Washington.
Rep. Marjorie Taylor Greene
Rep. Marjorie Taylor Greene, R-Ga., answers questions during a panel discussion at the Conservative Political Action Conference (CPAC) Saturday, Feb. 26, 2022, in Orlando, Fla.
Rep. Elise Stefanik
Rep. Elise Stefanik, R-N.Y., speaks to reporters at the Capitol in Washington, Friday, May 14, 2021, just after she was elected the new chair of the House Republican Conference.
Mike Pompeo
Former Secretary of State Mike Pompeo, greets supporters at the Conservative Political Action Conference (CPAC) Friday, Feb. 25, 2022, in Orlando, Fla.
Donald Trump Jr.
Donald Trump Jr., speaks at the Conservative Political Action Conference (CPAC) Sunday, Feb. 27, 2022, in Orlando, Fla.
