Trump investigation tracker: The House Jan. 6 Committee’s final moves

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Trump investigation tracker: The House Jan. 6 committee’s final moves before Republicans take the majority

With two weeks left until Republicans take the House majority, the Select Committee to Investigate the January 6th Attack on the U.S. Capitol on Thursday released its final report.

The House panel held its final hearing and issued multiple criminal referrals for former president Donald Trump and several allies, like former lawyer John Eastman, earlier this week.

“Ours is not a system of justice where foot soldiers go to jail and the masterminds and the ringleaders get a free pass,” said Rep. Jamie Raskin, D-Md.

A few days later — after a handful of delays — the select committee delivered its final 800-plus-page report, summarizing its findings and its lingering questions before the committee likely dissolves under Republican House leadership.

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Now, the question is whether the Department of Justice, which has been conducting its own investigation into Trump, will choose to charge Trump and other instigators of the Jan. 6 attacks. The referrals from Congress are not binding — but they are lawmakers’ best attempt at laying out a legal roadmap to the Justice Department for prosecuting the former president.

The Department of Justice investigation into government records stored at Mar-a-Lago

Investigation type: Criminal

Jurisdiction: Federal

What is under investigation: On Aug. 8, federal authorities executed a search warrant on Trump’s Florida resort as part of an ongoing criminal investigation of the storage of classified records and other sensitive documents at Mar-a-Lago. The search warrant and a warrant affidavit were unsealed in federal court in late August, revealing that federal investigators had been authorized to seize all physical documents and records located at the property “illegally possessed in violation of” three different criminal laws, including a portion of the Espionage Act. In addition to classified and top secret documents, the affidavit states: “There is also probable cause to believe that evidence of obstruction will be found at the premises.”

Why it matters: Trump has not been accused of a crime in the matter, and the search warrant and affidavit do not amount to a formal accusation. However, the three potential crimes being investigated carry lengthy prison sentences.

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The Fulton County district attorney’s investigation into electoral interference in Georgia

Investigation type: Criminal

Jurisdiction: State

What is under investigation: In early 2021, Fulton County District Attorney Fani Willis opened an investigation of Trump’s alleged efforts to sway the election results in Georgia, including a Jan. 2, 2021, phone call with state Secretary of State Brad Raffensperger in which Trump said he wanted to “find” enough votes to make up for his margin of defeat. Willis in January requested a special grand jury with investigative power, and in July a judge approved the grand jury’s subpoenas for Trump lawyers Kenneth Chesebro, John Eastman, Jenna Ellis, Rudy Giuliani and Cleta Mitchell, along with Sen. Lindsey Graham (R-S.C.), who also made postelection calls to Georgia election officials.

Why it matters: Solicitation of election fraud is a crime in Georgia, and legal experts told Grid that Trump may have violated state law. The Fulton County district attorney’s investigation has developed at a rapid pace this year and could ultimately lead to criminal charges against Trump or his allies.

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The House select committee’s investigation of the Jan. 6 attack

Investigation type: Congressional fact-finding

Jurisdiction: Federal

What is under investigation: Since July 2021, the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol has been probing efforts by Trump and his allies to overturn the results of the 2020 presidential election. At the committee’s first public hearing in June, its chair, Rep. Bennie Thompson, D-Miss., said the committee’s work had uncovered “a sprawling multistep conspiracy aimed at overturning the presidential election” and that “Donald Trump was at the center of this conspiracy.” The committee has since received additional information and is expected to hold additional public hearings this year.

Why it matters: The Jan. 6 committee does not have the power to bring charges, but it can make referrals to other agencies and can uncover facts that prompt further investigation by law enforcement. Committee members have signaled an intent to deliver a final report by the end of the year, and the committee’s authorizing resolution specifies that it will terminate within 30 days of issuing that report.

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The Department of Justice investigation into the Jan. 6 attack

Investigation type: Criminal

Jurisdiction: Federal


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What is under investigation: The federal investigation into the Jan. 6, 2021, breach of the Capitol Building has so far led to more than 800 arrests. By March, the federal investigation into the insurrection had reportedly broadened to include actions by former government officials, including Trump, involved in orchestrating the “Stop the Steal” rally that precipitated the attack. Justice Department prosecutors have reportedly asked witnesses about Trump’s actions in front of a federal grand jury. In early September, a federal grand jury reportedly issued new subpoenas seeking information regarding Save America PAC, one of Trump’s major political fundraising vehicles.

Why it matters: Despite the prosecution and conviction of hundreds of individual participants in the Jan. 6 attack, none of the powerful political figures involved in the events of the day have been charged with a crime. But one year after the attack, Attorney General Merrick Garland said that the Justice Department “remains committed to holding all January 6th perpetrators, at any level, accountable under law.”

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The New York state attorney general’s investigation into Trump’s businesses

Investigation type: Civil

Jurisdiction: State

What is under investigation: New York State Attorney General Letitia James in early 2019 began a civil investigation into the Trump Organization’s financial practices following congressional testimony by former Trump lawyer Michael Cohen indicating the company deflated assets in order to decrease its taxes. Trump’s son Eric Trump was deposed in October 2020 and pleaded the Fifth Amendment more than 500 times. In August, Donald Trump was deposed in the investigation and pleaded the Fifth more than 400 times. On Sept. 21, James filed a lawsuit accusing Trump and his businesses of “numerous acts of fraud and misrepresentations” spanning at least a decade.

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Why it matters: The suit seeks a $250 million judgment and a prohibition on Trump or his adult children running businesses in New York state. James, in her lawsuit, noted that her office had made a referral of its factual findings for the Office of the U.S. Attorney for the Southern District of New York. Additionally, facts that have come to light through the civil investigation have factored into a joint criminal investigation with the Manhattan District Attorney’s Office.

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New York attorney general and Manhattan District Attorney’s Office’s investigation into Trump’s business dealings

Investigation type: Criminal

Jurisdiction: State

What is under investigation: In 2020, then-Manhattan District Attorney Cyrus Vance Jr. began an investigation into the finances of the Trump Organization. By mid-2021, the state attorney general’s office had joined the Manhattan district attorney in the investigation. In July 2021, the Trump Organization and its longtime Chief Financial Officer Allen Weisselberg were charged in a 15-count indictment alleging they “engaged in a scheme constituting a systematic ongoing course of conduct with intent to defraud.” Weisselberg in August pleaded guilty to 15 felonies, many of which related to concealing benefits in order to underreport his income. A Manhattan jury in December found two of the Trump Organization’s business entities guilty of 17 counts at a criminal tax fraud trail.

Why it matters: Trump has not been personally charged in the New York investigations. However, Manhattan District Attorney Alvin Bragg has said that his office’s investigation into Trump individually is “active and ongoing.” On Dec. 5, Bragg announced that he was hiring former Department of Justice official Matthew Colangelo as senior counsel, a move the Associated Press reported marked “his strongest signal yet … that he’s seriously looking at whether to charge the former president.”

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Thanks to Lillian Barkley for copy editing this article.

  • Steve Reilly
    Steve Reilly

    Investigative Reporter

    Steve Reilly is an investigative reporter for Grid focusing on threats to democracy.

  • Matt Stiles
    Matt Stiles

    Senior Data Visualization Reporter

    Matt Stiles is the senior data visualization reporter for Grid.

  • Leah Askarinam
    Leah Askarinam

    Senior Editor

    Leah Askarinam is Senior Editor at Grid, overseeing coverage of politics, misinformation and the economy.