by Albert W. Alschuler, October 25, 2021

Knowing whether former President Trump’s conduct on Jan. 6 violated one or more criminal statutes is important for several reasons. First, the public should know whether Trump committed any crimes. Second, identifying potential crimes can shape what the House Select Committee investigates. Third, Trump’s potential criminality affects Congress’s ability to obtain information in the face of a claim of executive privilege. And finally, identifying likely crimes could determine whether the Justice Department pursues a criminal investigation and then prosecutes the former president.

Harvard Law Professor Laurence Tribe and former U.S. Attorneys Barbara McQuade and Joyce White Vance have presented “a roadmap for the Justice Department to follow in investigating” whether Trump’s efforts to overturn the 2020 presidential election were criminal. Acknowledging that the facts did not yet establish any crime beyond a reasonable doubt, they listed a half-dozen offenses they said merited investigation.