Skip to content Skip to footer

Jan. 6 Committee Says Trump Engaged in “Criminal Conspiracy” to Undo Election

The committee can’t press charges against anyone, but it can recommend them to the DOJ.

President Donald Trump speaks to supporters from The Ellipse near the White House on January 6, 2021, in Washington, D.C.

The House select committee investigating the January 6, 2021, attack on the U.S. Capitol building filed a court briefing on Wednesday alleging that former President Donald Trump and his associates engaged in a “criminal conspiracy” to overturn the 2020 presidential election.

The filing was made in response to a lawsuit from Trump’s former lawyer John Eastman, who has alleged that he cannot comply with a subpoena order from the committee because of attorney-client privilege. Such legal privilege is not generally recognized by courts as enforceable if attorneys help their clients partake in criminal behavior, however.

The filing represents the strongest indication yet from the January 6 commission that Trump and his allies may have committed crimes in the months after he lost the 2020 presidential election.

“Evidence and information available to the Committee establishes a good-faith belief that Mr. Trump and others may have engaged in criminal and/or fraudulent acts, and that [Eastman’s] legal assistance was used in furtherance of those activities,” the filing from the committee says.

The committee also made direct reference to the plot to use fake electors to manipulate the outcome of the 2020 election, which was facilitated by Trump’s campaign staff, along with his personal lawyer Rudy Giuliani. Trump and his associates “obstructed a lawful governmental function by pressuring the Vice President to violate his duty to count the electoral certificates presented from certain States,” the filing said. “As an alternative, they urged the Vice President to delay the count to allow state legislatures to convene and select alternate electors.”

“The Select Committee is not conducting a criminal investigation,” a joint statement from committee chair Rep. Bennie Thompson (D-Mississippi) and vice chair Rep. Liz Cheney (R-Wyoming) said, but privilege claims from Eastman “raise the question whether the crime-fraud exception to the attorney-client privilege applies in this situation.”

“The facts we’ve gathered strongly suggest that Dr. Eastman’s emails may show that he helped Donald Trump advance a corrupt scheme to obstruct the counting of electoral college ballots and a conspiracy to impede the transfer of power,” they added.

The committee also suggested that Trump publicly claimed that election fraud had altered the outcome of the 2020 presidential race despite knowing that this was a lie.

Citing an interview with a former Trump associate, the committee writes that campaign data experts “told the President ‘in pretty blunt terms’ that he was going to lose” after the polls closed in 2020. In spite of those assessments, Trump pressed forward with his plan and continued to push lies about the election; this ultimately resulted in a mob of his loyalists attacking the Capitol on the day that Congress certified the Electoral College.

The select committee is not empowered to press criminal charges against any individual, including the former president or his allies. However, it can make recommendations to the Department of Justice (DOJ) to charge him or any of his associates, if it appears that they engaged in federal crimes.

We’re not backing down in the face of Trump’s threats.

As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.

Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.

As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.

At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.

Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.

You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.