Ex-US attorney: January 6th Committee criminal referrals will have 'no impact' on Justice Department

11 December 2022

Former United States Attorney for the Southern District of New York Preet Bharara explained on Sunday's edition of Meet the Press that the criminal referrals that the House Select Committee investigating the January 6th, 2021 Capitol insurrection is expected to submit to the Justice Department will have "no impact" on Attorney General Merrick Garland's decision to issue indictments.

Bharara believes that assessment includes the potential prosecution of ex-President Donald Trump.

NBC moderator Chuck Todd:

The January 6th Committee is likely to issue some criminal referrals to Justice, they say. Without getting – we don't want to pre-judge that – but of the Committee, what you saw in what the Committee has produced, do you think they've made their case against Donald Trump?

Bharara:

Well, look, it is not their role to make a criminal case, although they're making a referral. And I guess people can debate what the value and virtue is of making a criminal referral--

Todd:

I can argue both sides of that, good or bad.

Bharara:

Well, I mean, to me, it's largely symbolic because at the time we first started having this debate about a referral, it wasn't clear how far along the Justice Department was. Since then, the Justice Department has appointed a special counsel, as we mentioned. And they had a lot of staff that they've added to the matter. And they're far along, and they've issued subpoenas that we've heard reports about. So they're investigating this thing anyway. So what additional –

Todd:

Do you think that criminal referral actually complicates things more than it helps?

Bharara:

I don't think it complicates things. I don't think it does – I actually don't think it does anything for the Justice Department. I don't think it prompts them to do anything more quickly or more aggressively.

Todd:

But it doesn't add negatively to the political stew? The word you don't want to use.

Bharara:

You could argue that. I don't know – I don't know why they feel the need to do it. I think they want to make a statement for themselves. I think it has no impact on the Justice Department whatsoever.

Watch below or at this link.

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