The DOJ, under former Attorney General William Barr, chose not to charge Trump over 10 possible acts of obstruction.
If she wins the vote, the longtime voting rights champion would be the first Black woman to hold the position.
The DOJ misled the public and arguments for keeping the memo secret “are not worthy of credence,” the judge ruled.
The announcement comes after a jury found former Minneapolis officer Derek Chauvin guilty of murdering George Floyd.
The additional charges are on top of the more than 300 already made by the department.
Advocates say, however, that Biden’s empowerment of the Justice Department is not the answer to rising hate crimes.
Representatives Lauren Boebert, Mo Brooks and Paul Gosar made comments inciting the militants that day, Jayapal said.
Several civil liberties groups had called on Biden to halt the extradition request issued under Trump.
The investigation comes about after reports of one DOJ lawyer loyal to Trump allegedly devised such a scheme.
The report directly implicates Trump in the disastrous family separation policy.