Opinion: The bombshell Jan. 6 report

The Senate Judiciary Committee’s recent blockbuster report added significant details to what was previously known about how Trump tried to subvert DOJ authority by attempting to turn what is meant to be an independent law enforcement agency into a co-conspirator.

Some of the report’s damning facts were already known, such as: following the election, Trump pressured then-Acting Attorney General Jeffrey Rosen to throw DOJ’s weight behind baseless election fraud claims, in large part by using theories already rejected in the courts. Previous reporting also revealed the former President’s threats to replace Rosen with Jeffrey Clark, an underling supportive of Trump’s election conspiracy theories — only backing off when numerous high-ranking officials said they would resign en masse in response.

But what the Committee’s report — with the benefit of additional documents and the testimony of Rosen and others — makes clear is Trump’s actions and those of others, like Clark, were even more manipulative, persistent and pointed in pressing debunked fraud claims to justify their effort to overturn the election. This disturbing knowledge comes at a moment when the Committee’s work is still underway, as they await documents and testimony from others, including former Trump allies who are trying their hardest to evade the Committee’s subpoenas.

Any criminal referrals the Committee may make to the DOJ will occur when the investigation is complete.

Of course, DOJ doesn’t need a referral to start investigating, and there is no benefit to waiting; cases only grow weaker over time and memories fade. Typically, a criminal investigation is also considered more serious than, and takes precedence over, a Congressional probe. So as the revelations pile up, the question many have asked for months comes to the fore again: will the DOJ investigate these events and possibly file charges against anyone?

Of course, it’s possible an investigation is proceeding; usually, criminal investigations are not announced publicly. Law enforcement works out of the public gaze, in part to allow for the effective gathering of evidence that, in many cases, is subject to strict grand jury secrecy rules. In this instance, however, given the publicity surrounding the events in question and the ongoing Congressional investigation, a secret DOJ investigation being carried out at the present time appears unlikely.