The justice department may find it difficult to obtain a conviction for each charge referred by the January 6 committee
to recommend prosecution for Trump for four possible crimes: obstruction of an official proceeding, conspiracy to defraud the US, conspiracy to make a false statement and incitement of insurrection.
The first referral for obstruction of an official proceeding, legal experts said, appeared to be the most likely charge that federal prosecutors might consider with respect to charging Trump over his attempts to delay the 6 January certification of Joe Biden’s election win.
Partly overlapping with the first referral, the panel suggested Trump could be charged with conspiracy because his attempts to stop the 6 January certification were done “dishonestly” – as the plot to get Pence to decertify election wins for Biden were “manifestly illegal”. Although the select committee presented the third referral as straightforward, legal experts said proving that Trump was part of the conspiracy could prove tricky: they would have to show he was personally involved in the plot, and that he knew it was to be used to induce illegal acts by Pence.
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