Â鶹´«Ã½

World

    • Trump's fate in hands of Justice Dept. after Jan. 6 report

    Share
    WASHINGTON -

    The House Jan. 6 committee may have outlined a potential criminal case against Donald Trump, but it doesn't actually bring the former president any closer to prosecution.

    The Justice Department already has been conducting its own wide-ranging investigation into the Jan. 6, 2021 insurrection at the U.S. Capitol and the efforts by Trump and his allies to undo the results of the 2020 presidential election. The special counsel overseeing that inquiry has given no indication of what charges he might bring, but he's under no obligation to take the committee's criminal referral into account or to follow the prosecution roadmap laid out by the panel.

    "This is historic, that a congressional committee has recommended criminal charges against a former president, but it does not change the fundamental fact that the Justice Department gets to decide who should be charged with crimes," said Ronald Weich, the dean of the University of Baltimore School of Law and the department's former assistant attorney general for legislative affairs.

    "The Justice Department," he added, "should not be influenced by another branch of government."

    The panel referred Trump for possible prosecution for four separate criminal offenses, related both to the riot itself and his efforts to cling to power. Those include allegations he aided the insurrection, conspired to defraud the United States by trying to prevent the transfer of power, conspired to make a false statement through an alleged scheme involving so-called "fake electors" and obstructed an official proceeding -- the counting by Congress of electoral votes.

    At least some of those potential charges cover general areas the Justice Department is known to already be investigating.

    Prosecutors in June, for instance, issued a flurry of subpoenas to Republicans who served as "fake electors" in battleground states won by Trump. Trump and allies pressured authorities in those states to replace Biden's electors with ones for him on specious or nonexistent allegations that his victory was stolen.

    Easily the most consequential statute invoked by the committee is one that makes it a crime to either incite or aid an insurrection or rebellion against the government. The statute bars anyone convicted of it from holding future office.

    It's unclear how seriously the Justice Department might consider such a statute, which has not been used in any of the more than 900 federal prosecutions of the Capitol rioters themselves.

    In the executive summary of the report, the committee says Trump was directly responsible for summoning to Washington supporters who later stormed the Capitol, and notes how a federal judge earlier this year -- in refusing to dismiss lawsuits against Trump by Democratic lawmakers -- held that Trump's speech to a crowd of loyalists that day "plausibly" led to the riot.

    But the committee's suggestion that Trump could be held accountable for his inaction during the riot, including by not dispatching the military to the Capitol or by waiting hours to tell the crowd to disperse, may make sense on a "gut level" but is a theory the Justice Department is likely to be wary of, said Rory Little, a professor at UC Hastings Law in San Francisco.

    "That idea, that standing by and watching an insurrection happen, when you might be able to do something about it, that's a pretty dangerous precedent to set," he said. "American criminal law doesn't generally punish people who just stand by and watch."

    David Alan Sklansky, a Stanford Law School professor, said Trump's inaction could provide compelling evidence of his intent during other actions, such as a speech at the Ellipse before the riot in which he encouraged supporters to "fight like hell."

    No matter what, the criminal referrals will almost certainly accelerate demands for action by Attorney General Merrick Garland from Democrats and members of the public who regard the referral, and the accompanying evidence being transmitted to the Justice Department, as a template for prosecution.

    And the committee -- whose chief investigative counsel is a former U.S. attorney -- also has earned broad credibility for its information-packed public hearings and for a sprawling investigation that included interviews with more than 1,000 people.

    There have also been instances in which judges have agreed that there is basis to suspect Trump of wrongdoing.

    In March, a federal judge in California, in authorizing the release to the House committee of more than 100 emails from conservative lawyer and Trump adviser John Eastman, asserted that it was "more likely than not" that Trump had committed crimes in his attempt to stop the certification of the election. The judge, David Carter, cited in his ruling two of the same statutes -- conspiring to defraud the U.S. and obstructing an official proceeding -- as the committee did in its report Monday.

    The committee has already made multiple referrals for contempt of Congress that the Justice Department has taken up. Longtime Trump ally Steve Bannon was convicted in July of defying a congressional subpoena, and former adviser Peter Navarro is awaiting trial on similar allegations.

    But there's a distinction between the Trump referrals on Monday and those involving Bannon and Navarro, Weich said. Under the contempt of Congress law, Congress is itself the victim and the Justice Department is obligated to present the case to a grand jury, he said.

    That's different from the Trump referral, where Congress is reporting a broader crime, one they've framed as an attack on democracy.

    And more broadly, the burden of proof faced by the committee -- which did not need to cross-examine witnesses or test evidence before a jury -- is vastly different from what the Justice Department would have to establish in court.

    "It's a completely different judgment," said Randall Eliason, a former federal prosecutor in Washington who teaches law at George Washington University.

    "Congress is making a political judgment. They're not prosecutors, it's not their role to make those decisions, and they're not trying to prove these allegations beyond a reasonable doubt to a jury."

    CTVNews.ca Top Stories

    A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    Why brain aging can vary dramatically between people

    Researchers are uncovering deeper insights into how the human brain ages and what factors may be tied to healthier cognitive aging, including exercising, avoiding tobacco, speaking a second language or even playing a musical instrument.

    Canada

    • A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    • Two nephews of the beloved Harry R. Hamilton share stories about his life and legacy.

    • The union representing some 1,200 dockworkers at the Port of Montreal has overwhelmingly rejected a deal with their employers association.

    • A man who was critically injured in a police-involved shooting in Hamilton late Sunday afternoon has died in hospital, says the province’s police watchdog.

    World

    Politics

    • Murray Sinclair’s family members say the late justice and senator has been laid to rest according to his wishes.

    • Prime Minister Justin Trudeau announced voters in Cloverdale—Langley City will pick their next member of Parliament on Dec. 16.

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    Sports

    Autos

    Local Spotlight

    For the second year in a row, the ‘Gift-a-Family’ campaign is hoping to make the holidays happier for children and families in need throughout Barrie.

    Some of the most prolific photographers behind CTV Skywatch Pics of the Day use the medium for fun, therapy, and connection.

    A young family from Codroy Valley, N.L., is happy to be on land and resting with their newborn daughter, Miley, after an overwhelming, yet exciting experience at sea.

    As Connor Nijsse prepared to remove some old drywall during his garage renovation, he feared the worst.

    A group of women in Chester, N.S., has been busy on the weekends making quilts – not for themselves, but for those in need.

    A Vancouver artist whose streetside singing led to a chance encounter with one of the world's biggest musicians is encouraging aspiring performers to try their hand at busking.

    Ten-thousand hand-knit poppies were taken from the Sanctuary Arts Centre and displayed on the fence surrounding the Dartmouth Cenotaph on Monday.

    A Vancouver man is saying goodbye to his nine-to-five and embarking on a road trip from the Canadian Arctic to Antarctica.

    • LIVE

      LIVE

      Thousands of people are gathered in downtown Vancouver to observe the city’s 100th Remembrance Day ceremony.

    • A suspect was arrested for allegedly brandishing a knife outside a Vancouver elementary school on Friday – just as the young students were heading home for the day.

    • Several hundred people gathered outside the Ontario legislature in Toronto to honour veterans and remember those who died fighting for their country.

    • Toronto is expected to see an economic boost to the tune of nearly $300 million thanks to Taylor Swift’s upcoming Eras Tour, which will be making a stop in Canada’s largest city for a six-show run later this month.

    • A man believed to be in his 40s has been rushed to a trauma centre following a stabbing in downtown Toronto.

    • Calgarians will be observing Remembrance Day at a number of different ceremonies across the city, including at the Hangar Flight Museum.

    • July 2025 may seem like it’s in the distant future, but for the St. Luke playground committee time is ticking to fundraise the $340,000 they still need to build a new playground.

    • Getting out to the mountains is even easier with a new bus route from a growing Germany-based service.

    • Crowds gathered in Ottawa and eastern Ontario on Monday to honour the sacrifice of men and women in uniform who gave their lives in service of Canada.

    • CTVNewsOttawa.ca looks at Remembrance Day ceremonies in Ottawa.

    • After months of controversy surrounding a dog park in Ottawa's west end, a solution has been reached to divide the park in half.

    • A 36-year-old Montreal man who was out on bail after allegedly uttering death threats to a woman is now accused of murdering her on the South Shore.

    • With fewer interments and rising maintenance fees, the money for Canada's largest military cemetery will run out in three to four years.

    • Montreal Metro passengers can now flag a safety concern by texting a new phone number launched by the STM.

    • WEATHER

      WEATHER

      This is shaping up to be one of the warmest Remembrance Days in the past decade, at least, for temperatures.

    • A local author is sharing his experience with alcoholism with the hope of helping other men improve their mental wellness.

    • Many Maritimers turned out in wet and windy weather Monday to remember those who have served, and continue to serve, in Canada's armed forces for Remembrance Day.

    • A Cape Breton senior recalls her life in German-occupied France, and her mother’s death, during the Second World War.

    • Thousand of people gathered at the Menin Gate in the Ypres, Belgium for Monday’s Remembrance Day Ceremony.

    • Remembrance Day is today, and a number of ceremonies are taking place around the province to honour those who gave their lives to serve our country.

    • A pillar in Canada’s history was honoured in Winnipeg Sunday afternoon, with thousands showing up to pay tribute to the life and legacy of the late Murray Sinclair.

    • Winnipeg police have identified two men involved in a stabbing incident earlier this week.

    • There will be two ceremonies taking place in Regina for Remembrance Day, hosted by the Royal Canadian Legion.

    • Regina author Valerie Crowther is celebrating the release of her book ‘War Letters: Linking Lives in the Second World War.’

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • Saskatchewan RCMP are searching for a suspect after a man was seriously injured in a farm-related incident in Montreal Lake.

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • The Regina Rams claimed the Hardy Cup after a hard fought battle against the Saskatoon Huskies 19-14 on Saturday in the first all Saskatchewan U-Sports western conference final since 2002.

    • Emergency crews responded to the scene on Road 68/Highway 2 east of Thamesford around 7 p.m.

    • The events will start at 10:15 a.m. with a parade that forms up in front of the Delta London Armories, marches east on Dundas Street and turns north onto Waterloo Street to Dufferin Avenue, the west to the Cenotaph.

    • A team of tornado experts is heading to Fergus, Ont. after a storm ripped through the area Sunday night.

    • A Barrie man is at the centre of an alleged $2.2 million stolen used car scheme.

    • Environment Canada issued a weather alert for Barrie, Collingwood and surrounding areas, alerting residents about the wicked winds that are expected to pick up to 80 kilometres per hour in the afternoon hours.

    • Barrie residents gathered on Monday to honour Canada’s veterans and pay tribute to those who served and sacrificed for the country.

    • Representatives of the Windsor Veterans Memorial Services Committee, military representatives, wreath bearers, government officials, and members of the public will attend the Cenotaph at City Hall Square for the outdoor service.

    • Windsor Paralympic champion, Danielle Campo, has been crowned the number one Inspirational Speaker of the Year for 2024 at the Inspirational Speaking Finals.

    • One person has been arrested after Chatham-Kent Police Service (CKPS) received multiple complaints about an alleged drunk driver.

    • Environment Canada says heavy rain and winds could cause power outages on Vancouver Island as an "intense" storm system is set to hit the B.C. coast Sunday.

    • Six deer were struck by vehicles in six different locations in a six-hour period on B.C. highways on Saturday, according to the transportation ministry.

    • The union for locked-out port workers in British Columbia says the BC Maritime Employers Association cut off talks in less than an hour Saturday, refusing to budge on a final offer that the union has so far rejected.

    • The emergency department at South Okanagan General Hospital in Oliver, B.C., will be closed for 31 hours this weekend, the second such closure in a week and the third since the start of November.

    • Police in Kamloops, B.C., are reminding parents and guardians to check their children's Halloween candy after receiving a report of a mother finding a razor blade in one of her daughter's treats.

    • More than two years after Alannah Brown and Douglas Barker were found dead north of Penticton, police are asking for help identifying a vehicle they believe was associated with the crime.

    • The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year’s host for the Southern Alberta Summer Games.

    • The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.

    • There might not a lot snow just yet, but many southern Albertans are still itching to get outdoors.

    • It was just days before the COVID-19 pandemic shut the world down when the Shaft Bottom Boys of Sudbury broke a world record for 'Deepest Concert Underground.' Now, more than four years later, a Timmins band is looking to take the title.

    • Police have arrested a 15-year-old in connection with a break-in and $50,000 in damage done to the Centennial Arena in Elliot Lake in September.

    • Mayors of the five largest cities in northern Ontario met in North Bay the last two days to discuss a range of critical issues impacting their cities and the region.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at Â鶹´«Ã½. We may earn a commission when you use our links to shop. Read about us.

    Stay Connected
    Follow Â鶹´«Ã½