Opinion | How not to react to a Jan. 6 committee criminal referral for Trump

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Opinion | How not to react to a Jan. 6 committee criminal referral for Trump
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Jordan Rubin: If you’re expecting criminal referrals to lead to charges against Trump, you should temper your expectations. Here's why.

he would"ensure that the Special Counsel receives the resources to conduct this work quickly and completely." So it would be odd if anything that the committee highlights — especially about Trump or other major Jan. 6 players — is news to the Justice Department when it comes to matters that the department has been investigating.

You get the point. When it comes to criminal charges, it’s the Justice Department's call. As with any case, that call will, at least in theory, be based on whether prosecutors think they can prove their case beyond a reasonable doubt. If anything, with the scrutiny that will be on any case against Trump in particular, prosecutors will want to be extra positive that they can prove their case at trial before bringing charges.

If Congress injects itself into the criminal process, it could make Garland’s job more difficult. It would be that much easier for Trump to claim that any later prosecution was a political witch hunt and that Garland was simply carrying water for House Democrats.

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