Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/128

 the Joint Session of Congress on January 6, 2021," and "more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6th." Judge Carter also concluded that President Trump's and Eastman's "pressure campaign to stop the electoral count did not end with Vice President Pence—it targeted every tier of federal and state elected officials" and was "a coup in search of a legal theory." "The plan spurred violent attacks on the seat of our nation's government," Judge Carter wrote, and it threatened to "permanently end[] the peaceful transition of power"

The U.S. Department of Justice has been investigating and prosecuting persons who invaded the Capitol, engaged in violence, and planned violence on that day. The Department has charged more than 900 individuals, and nearly 500 have already been convicted or pleaded guilty as we write. As the Committee's investigation progressed through its hearings, public reporting emerged suggesting that the Department of Justice had also begun to investigate several others specifically involved in the events being examined by the Committee. Such reports indicated that search warrants had been issued, based on findings of probable cause, for the cell phones of John Eastman, Jeffrey Clark, and Representative Scott Perry. Other reports suggested that the Department had empaneled one or more grand juries and was pursuing a ruling compelling several of this Committee's witnesses, including Pat Cipollone and Greg Jacob, to give testimony on topics for which President Trump had apparently asserted executive privilege. Recent reporting suggests that a Federal district court judge has now rejected President Trump's executive privilege claims in that context.

Criminal referrals from a congressional committee are often made in circumstances where prosecutors are not yet known to be pursuing some of the same facts and evidence. That is not the case here. During the course of our investigation, both the U.S. Department of Justice and at least one local prosecutor's office (Fulton County, Georgia) have been actively conducting criminal investigations concurrently with this congressional investigation. In fact, the U.S. Department of Justice has recently taken the extraordinary step of appointing a Special Counsel to investigate the former President's conduct.

The Committee recognizes that the Department of Justice and other prosecutorial authorities may be in a position to utilize investigative tools, including search warrants and grand juries, superior to the means the Committee has for obtaining relevant information and testimony. Indeed, both the Department of Justice and the Fulton County District Attorney may now have access to witness testimony and records that have been unavailable to the Committee, including testimony from President Trump's Chief of Staff Mark Meadows, and others who either asserted privileges or