January 6 Committee will make criminal referrals

Comes as time runs out for select committee before new Congress is sworn in

The chairman of the House select committee investigating the 6 January riot at the US Capitol has told reporters that the committee will make criminal referrals.

Representative Bennie Thompson, the chairman of the committee, told reporters that the committee had not narrowed down which people would be referred to the US Department of Justice.

When asked if he believed any witnesses perjured themselves, the Mississippi Democrat said “that’s part of the discussion”. The select committee is set to meet later on Tuesday.

Mr Thompson’s words came as the committee’s mandate is about to come to an end ahead of the new Congress being sworn in come January. During its last hearing, it subpoenaed former president Donald Trump.

The panel has also created a subcommittee to determine how to present evidence of possible perjury, obstruction or witness tampering. The subcommittee reportedly includes committee vice chairwoman Liz Cheney along with Democratic Representatives Jamie Raskin, Zoe Lofgren and Adam Schiff. All four members of the subcommittee are attorneys.

At the same time, CNN reported that while committee members agree Mr Trump and his allies committed a crime when they tried to keep the former president in office, they have been split about whether to make a criminal referral to the Justice Department. Some sources told CNN that those who say criminal referrals are not necessary have said that the committee lacks the prosecutorial power to do so and that the Justice Department has its own investigations into the riot that are ongoing.

US attorney general Merrick Garland announced the nomination of special counsel Jack Smith to lead the investigations of the former president after Mr Trump announced he would be a candidate for president in 2024.

But four members of the select committee will exit Congress at the end of this year. Representatives Stephanie Murphy of Florida and Adam Kinzinger of Illinois opted not to seek re-election. Vice Chair Liz Cheney lost her primary for Wyoming’s at-large district, while Democratic Representative Elaine Luria lost to Republican Jen Kiggans in Virginia’s 2nd District.

In addition, Republicans’ victory in the midterm election means that the work of oversight and investigation into the 6 January riot will likely come under more aggressive scrutiny.

After House minority leader Kevin McCarthy suggested there be a bipartisan panel akin to the 9/11 commission, he later whipped against building such a committee.

In response, the House passed legislation to create a select committee to investigate the 6 January riot at the US Capitol. In response, Mr McCarthy selected Representative Jim Jordan of Ohio and Jim Banks of Indiana, along with Representatives Kelly Armstrong of North Dakota, Troy Nehls of Texas and Rodney Davis of Illinois.

But House speaker Nancy Pelosi vetoed the seating of Mr Jordan and Mr Banks, which led to Mr McCarthy’s pulling the rest of his members from the select committee. In response, Ms Pelosi nominated Mr Kinzinger to join the panel.

Since then, the select committee has held a series of hearings with explosive revelations from various officials from the Trump administration and the Trump campaign who said that Mr Trump knew that he lost. They also detailed the extent to which he knew that his supporters who descended on Washington were armed before they marched to the US Capitol and how he reacted.