For the first time in the history of the United States, a committee of Congress has recommended to the Department of Justice that it prosecute a former U.S. president. The bipartisan Select Committee to Investigate the January 6th Attack on the United States Capitol unanimously referred four federal criminal charges against Donald Trump to the Justice Department.
One of the charges — “Incite,” “Assist” or “Aid and Comfort” an Insurrection — has not been used since the Civil War. It would lay the groundwork to disqualify Trump from running for president. Section 3 of the 14th Amendment prohibits anyone who has committed “insurrection or rebellion” or “given aid or comfort to the enemies of the United States” from holding elected office.
The select committee also urged the Justice Department to charge Trump with Conspiracy to Defraud the United States, Obstruction of an Official Proceeding and Conspiracy to Make a False Statement.
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