Thursday, June 2, 2022

DOJ owes the public an answer

 


Read our latest: Is a Presidential Coup a Federal Crime? DOJ Owes Us an Answer

The Department of Justice (DOJ) owes the public and the House committee investigating the January 6 insurrection an answer: Is the DOJ actively investigating former President Donald Trump and his inner circle for their role in January 6?

As I recently wrote, a federal judge has said President Donald Trump likely committed at least two federal crimes during his attempt to overturn the 2020 election: corruptly obstructing a session of Congress and conspiring to defraud the United States. But the lack of evidence that a DOJ investigation is taking place is disturbing. The public needs to be reassured now. We can’t just trust that the Justice Department is willing to hold a former president accountable.

My recent analysis explains that there is no basis in statute, precedent, or the Constitution for exempting the president from criminal laws that apply to every other citizen — particularly for conduct outside of his official duties, such as Trump’s attempts to overturn the election.

But we’re concerned DOJ could rely on several memos from the department’s secretive Office of Legal Counsel (OLC) to decide that some of the insurrection’s key boosters are beyond reach of the law.

The Justice Department owes the committee, and the public, some explanation of what it is doing — or the legal rationale behind its decision, if it isn’t doing anything at all.


Katherine Hawkins

Katherine Hawkins
Senior Legal Analyst
Project On Government Oversight


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