The House committee investigating January 6 voted this week to subpoena former President Donald Trump, which could be argued is among the most substantive steps the panel can take.
Questions remain, though, about next steps. Trump obviously isn’t known for taking kindly to investigations into his conduct and the actions of those associated with him. Asked on MSNBC about those concerned about whether Trump would ever actually sit for testimony, Rep. Jamie Raskin (D-Md.) — a member of the committee — was persistent: “What kind of snowflake is Donald Trump that he’s willing to send hundreds and hundreds of other people to go and do his battle and to attack police officers with Trump flags and Confederate battle flags and turn American flags into weapons — and he’s very happy to do that — and he won’t even come and explain himself, why he thought he had a right to do that or why he thought that was the right thing to do. What is he afraid of? One thing he might be afraid of, of course, is that under the 5th Amendment privilege against self-incrimination, the Supreme Court has determined that in a criminal trial, the prosecutors cannot comment on someone’s failure to testify.”
Yet, in a civil case such as those Trump is facing from officers involved in the defense of the Capitol over his role in inciting what happened there last year, a refusal to testify is allowed to be mentioned. The Congressman also noted how Trump refusing to show up for testimony could lead to the more general outcome of the “entire country” drawing the “most negative adverse inferences from his not showing up,” in addition to any conclusions the committee itself may formally draw. Rep. Liz Cheney (R-Wyo.), the vice chair of the riot panel, said in opening statements for a Thursday afternoon hearing by the committee that criminal referrals remained a possibility. Such a move wouldn’t force anyone at the Justice Department to bring charges, but the referrals — which could be wide-ranging in terms of individuals targeted and crimes covered — would no doubt be accompanied by ample evidence. Cheney also emphasized Trump’s personal responsibility for what happened and his active dismissal of the facts and embrace of potentially prosecutable schemes. Watch Raskin’s comments below:
