Summary

  • The congressional committee investigating last year's riot at the US Capitol refers Donald Trump to the justice department for prosecution

  • It says he should be charged with four crimes, including insurrection, at its final public meeting

  • But it's up to the justice department to officially press criminal charges and they are not obliged to follow the recommendation

  • For more than a year, the Democrat-led panel has been investigating Trump's role in the riot

  • The attack on 6 January 2021 started shortly after Trump spoke nearby falsely claiming Joe Biden had stolen the 2020 election

  • The committee - made up of seven Democrats and two Republicans - has been widely criticised by Republicans as being partisan

  1. We're closing our live coveragepublished at 22:03 Greenwich Mean Time 19 December 2022

    Here's where we stand after a dramatic day in Congress.

    The committee recommended four criminal charges against Donald Trump: Obstruction of an official proceeding; conspiracy to defraud the United States; conspiracy to make a false statement; and inciting or assisting an insurrection.

    These are not legally binding: It's up to the Department of Justice to now decide whether to officially file criminal charges against the former president. The department is not obliged to pursue the recommendation.

    All eyes on the justice department: A department spokesperson told the BBC's US partner CBS that they had no comment on the committee's actions. It remains to be seen if it will follow the recommendations.

    The full report is still to come: The committee released a summary , externalof its final report after voting unanimously to approve it. It accused Trump of a “multi-part conspiracy” to thwart the 2020 election. The report is expected to be published on Wednesday.

  2. Trump lawyer Eastman also referredpublished at 21:32 Greenwich Mean Time 19 December 2022

    John Eastman, 2008 picImage source, Getty Images
    Image caption,

    John Eastman (pictured) put pressure on then Vice-President Pence, the panel says

    The committee's findings focused on Donald Trump's alleged crimes, but it also recommended prosecution of his election lawyer John Eastman on two charges.

    The panel alleges Eastman impeded an official proceeding of the US government and violated the law that prohibits conspiring to defraud the United States.

    The panel said "others" in Trump's inner circle were also involved in the alleged conspiracy to overturn the election result, though it did not refer them by name to the justice department in the earlier meeting.

    Their report says "Eastman continued to assist President Trump’s pressure campaign in public and in private, including in meetings with the Vice President [Mike Pence] and in his own speech at the Ellipse".

    The pressure was aimed at getting Pence to refuse to certify election results. Eastman was summoned to testify, but refused.

  3. Trump's militia supporters are already on trialpublished at 21:01 Greenwich Mean Time 19 December 2022

    Mike Wendling
    Disinformation reporter

    Proud Boys leader Enrique Tarrio faces trial on seditious conspiracy and other chargesImage source, Getty Images
    Image caption,

    Proud Boys leader Enrique Tarrio faces trial on seditious conspiracy and other charges

    Some of Donald Trump's most fervent supporters are already on trial – or have been convicted - in connection with the Capitol riot.

    Jury selection began earlier today in the trial of five members of the far-right Proud Boys, including the group’s leader Enrique Tarrio. The men are charged with seditious conspiracy – a felony just short of treason which carries a sentence of up to 20 years in prison.

    Four members of the Oath Keepers militia are currently on trial, accused of the same crime. Oath Keepers leader Stewart Rhodes and the group’s Florida leader, Kelly Meggs, were convicted of seditious conspiracy last month.

    Those are the most serious charges levelled against 6 January rioters, but hundreds of others have been charged with less serious crimes.

    More than 900 people have been arrested, according to the latest update by the US Justice Department, external, and 470 of them have pleaded guilty to a variety of crimes.

  4. Let's break down the four chargespublished at 20:37 Greenwich Mean Time 19 December 2022

    Kayla Epstein
    Reporting from New York

    The US House Select Committee investigating the January 6 attack on the Capitol holds their final public meetingImage source, Reuters

    Here's what the four recommended charges against Donald Trump entail and why the committee has chosen them.

    Obstruction of an official proceeding: This statute makes it a crime to "corruptly" obstruct, influence, or impede, any official proceeding, or to attempt to do so. The committee recommended this charge as they say Trump deliberately attempted to stop Congress from certifying the 2020 election results.

    Conspiracy to defraud the United States: This crime entails "two or more persons conspiring either to commit any offence against the United States, or to defraud the United States, or any agency thereof". The committee believes Trump worked with others to impede the function of the US government and mislead the public about the results.

    Conspiracy to make a false statement: This statue makes it a crime for a government official to cover up a scheme, make materially false statements, or issue false statements or documents with the knowledge the information isn’t true. The committee claims Trump and his backers’ planned to submit a slate of false electors in key swing states who would have handed him the presidency in defiance of election results.

    Insurrection: This crime relates to inciting, assisting, or engaging "in any rebellion or insurrection against the authority of the United States." The committee argues that Trump encouraged his supporters to come to Washington and cause havoc, and as the attack was going on, failed to take appropriate action to end the violence.

  5. Four Republicans referred to ethics committeepublished at 20:11 Greenwich Mean Time 19 December 2022

    House Republican Leader Kevin McCarthyImage source, Getty Images
    Image caption,

    House Republican Leader Kevin McCarthy is one of the four senior Republicans

    As well as recommending criminal charges for Donald Trump, the committee is also referring four Republican congressmen to the House ethics committee for refusing to co-operate with their investigation.

    The most notable person on the list is House Republican Leader Kevin McCarthy of California, who is likely to become Speaker of the House in January.

    Representatives Jim Jordan of Ohio, Andy Biggs of Arizona and Scott Perry of California will also be referred to the ethics committee.

    The referrals are a result of the “open and shut failure to comply with the congressional subpoena,” said Representative Adam Schiff, a Democrat from California.

    Most House Republicans refused to participate in the committee’s work, and only two members of the party sat on the committee. Both were public critics of Trump.

  6. Mostly political ramifications for Trumppublished at 19:55 Greenwich Mean Time 19 December 2022

    Anthony Zurcher
    BBC North America correspondent in the meeting

    This vote provided a dramatic finale to an 18-month inquiry into the chaotic last days of Donald Trump's presidency - but the implications for him will be mostly political, not legal.

    He has long attempted to paint the entirety of the criminal and civil investigations and lawsuits directed at him as part of a partisan "witch-hunt" whose ultimate goal is to thwart his return to political power.

    The nature of the congressional committee's criminal referral - voted on by seven Democrats and two vehemently anti-Trump Republicans - will do little to counter these claims.

    The referrals, however, will generate days of negative coverage, as newspaper and television headlines recount the nature of the recommended charges and remind Americans of the violence of 6 January and Trump's months-long efforts to challenge his election defeat.

    Already, there are indications that Mr Trump may be facing increasingly stiff political headwinds as he tries to gear up for another bid for the presidency in 2024. Recent polls show that he continues to be unpopular with vast swathes of the American public, and that his support is dropping even among Republican voters.

    He may require some remarkable feats of political strength to regain his political footing.

    Read more of Anthony's analysis here.

  7. No comment from the justice departmentpublished at 19:43 Greenwich Mean Time 19 December 2022

    As we've been reporting, these are simply recommendations.

    While it's an unprecedented move for a congressional committee to refer a former president to the Department of Justice for prosecution, the department is not obliged to pursue the charges formally. It is entirely their decision.

    When asked about the referrals, a spokesperson for the justice department told the BBC's US partner CBS that they had no comment.

  8. This is unprecedentedpublished at 19:32 Greenwich Mean Time 19 December 2022

    Laura Trevelyan
    BBC World News America presenter

    Former federal prosecutor Joe Moreno earlier told the BBC that, as with so many things regarding Donald Trump, this is unprecedented - a congressional committee making a criminal referral to the Department of Justice against a former president is without parallel.

    He cautions that a referral does not mean a prosecution will be brought, but even the fact criminal charges have been recommended is extraordinary and a measure of the volatility of the Trump years.

  9. Brief applause as final meeting concludespublished at 19:28 Greenwich Mean Time 19 December 2022

    Anthony Zurcher
    North America correspondent in the meeting

    As Chairman Bennie Thompson gavelled the final meeting to a close, the audience that was seated at the far end of the room erupted into a smattering of applause.

    Unlike previous hearings, there were only a handful of members of Congress in the crowd – as Congress is currently in recess and most officeholders are out of town.

    As members of the committee exited the room, Congresswoman Stephanie Murphy of Florida, who did not run for re-election, walked down to where several members of the Capitol Police who had been in attendance were seated.

    As a crowd of cameras gathered around, she took turns hugging them.

  10. Here are the chargespublished at 19:27 Greenwich Mean Time 19 December 2022

    Representative Jamie Raskin, a Maryland Democrat, announced the following charges against Donald Trump had been recommended to the Department of Justice:

    • Obstruction of an official proceeding
    • Conspiracy to defraud the United States
    • Conspiracy to make a false statement
    • Inciting, assisting, aiding, or comforting an insurrection

    These referrals are not legally binding, but Raskin said they have ample evidence to back up their recommendations.

    The justice department is conducting its own separate investigation into the riot and hundreds of people have pleaded guilty to federal charges as a result.

  11. Committee refers criminal charges against Trumppublished at 19:10 Greenwich Mean Time 19 December 2022
    Breaking

    Media caption,

    Watch as Capitol riot committee refers charges for Donald Trump

    Representative Jamie Raskin confirms the committee is recommending four criminal charges against former President Donald Trump.

    It is seeking charges of obstructing an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement, and insurrection.

    This does not mean official criminal charges - as it’s up to the justice department to charge individuals - it's a recommendation.

    "Ours is not a system of justice where the foot soldiers go to jail and the ringleaders get a free pass," Raskin, a Democrat from Maryland, says.

  12. One more turn in the spotlightpublished at 19:07 Greenwich Mean Time 19 December 2022

    Anthony Zurcher
    North America correspondent in the meeting

    At least so far, this meeting has been more of a “greatest hits” recitation of the previous committee meetings than a presentation of new evidence.

    One by one, members have had their turn at the microphone, recounting various accusations against Donald Trump – that he ignored the advice of his lawyers to stop undermining the election results, that he pressured state, federal officials and Vice-President Mike Pence to overturn the election results, and that he inspired the mob that attacked the Capitol.

    For several of these members – Republicans Liz Cheney and Adam Kinzinger and Democrats Elaine Luria and Stephanie Murphy – it will be among their last official actions before departing office, either through electoral defeat or retirement.

    For others, such as Democrats Adam Schiff and Pete Aguilar, it is one more opportunity to advance their interests in higher office or congressional leadership positions.

  13. Here's where we standpublished at 19:05 Greenwich Mean Time 19 December 2022

    The committee is delivering its summary: After around 18-months of work, testimony from dozens of witnesses, and several high-profile televised hearings we're following the final meeting of the Democrat-led congressional panel investigating the Capitol riot.

    It has hinted at criminal referrals: The committee's chairman said it was focused on "accountability that can only be found in the criminal justice system" - an apparent hint at potential criminal referrals to the Department of Justice against Donald Trump.

    These referrals would be mostly symbolic: That's because it's up to the justice department alone to decide whether to actually file official criminal charges against an individual. But the panel's recommendation could have political, as well as, legal consequences for Trump. We'll bring you analysis here throughout the day.

    You can watch the meeting live by clicking the play button at the top of the page.

  14. Trump purposely spread falsehoods - Rep Lofgrenpublished at 18:51 Greenwich Mean Time 19 December 2022

    Representative Zoe LofgrenImage source, Getty Images

    Representative Zoe Lofgren, a California Democrat, has just offered a summary of the committee’s work, findings and conclusions.

    She says the committee has concluded that “Donald Trump purposely disseminated false allegations of fraud” in an effort to overturn the 2020 presidential election.

    As examples, Lofgren says the committee has learned Trump had planned to declare victory on election night and challenge election results if the result did not go his way.

    The committee also believes Trump had raised hundreds of millions of dollars after the election using “false representations” to donors about the outcome, Lofgren says.

    She adds that the committee is “concerned” that Trump loyalists pressured or enticed witnesses not to co-operate fully with the committee, by dangling lucrative jobs or indicating they did not need to respond fully during depositions.

  15. Committee plays montage of key testimonypublished at 18:44 Greenwich Mean Time 19 December 2022

    The committee is now showing a video compilation of riot footage, depositions, and key testimony from their investigation that underscore their conclusion that Donald Trump was responsible for the riot.

    Many of these moments have featured in past hearings.

    Included in the montage are significant pieces of testimony from Capitol police officers, Georgia’s secretary of state, White House staffers, and former Attorney General Bill Barr.

    And if you want a reminder of some of the key moments from the earlier hearings - you can read our summary here.

  16. Hints that panel will refer criminal chargespublished at 18:38 Greenwich Mean Time 19 December 2022

    Anthony Zurcher
    North America correspondent at the meeting

    Chairman Bennie Thompson, in his opening statement, hinted at the criminal referrals against Donald Trump that the committee seems poised to approve.

    He noted the committee believes there is "further action beyond the power of this committee or the Congress to help ensure accountability before the law" - accountability that "can only be found in the criminal justice system".

    If reports are correct, the penalties of these criminal charges against Trump (if the justice department chooses to pursue them) could include sizeable fines and up to 20 years of jail time.

    Committee Vice-Chair Liz Cheney, however, alluded to one other possible sanction Trump could face if convicted of inciting an insurrection, one of the charges the committee is reportedly considering: a prohibition from ever holding public office again.

    “No man who ever behaved that way at that moment in time should ever serve in public office again,” she said.

  17. How Trump views this committeepublished at 18:32 Greenwich Mean Time 19 December 2022

    Kayla Epstein
    Reporting from New York

    We're going to hear plenty of criticism of Donald Trump's actions in this meeting - as we have done in the previous hearings over the past 18 months or so.

    So you might be wondering - are we going to hear from the former president directly?

    Well, Trump has, to few people‘s surprise, decided not co-operate with the committee and has frequently attacked both politicians and witnesses who have participated. He has called it a "witch-hunt" and "politically motivated".

    The former president has been particularly vocal about Republican Representative Liz Cheney, and aggressively backed her successful primary challenger earlier this year.

    In October, the committee took the historic step of issuing a subpoena to Trump, requesting his testimony in person. The former president has not co-operated, and likely won’t have to because Republicans will take over control of the House next year.

  18. Trump is unfit for office - Liz Cheneypublished at 18:25 Greenwich Mean Time 19 December 2022

    Image shows Liz Cheney

    Representative Liz Cheney of Wyoming, the Republican co-chair of the committee, has delivered her opening remarks. She has been one of Trump’s most vocal critics since the Capitol riot occurred.

    “At the heart of our republic is the guarantee of the peaceful transfer of power,” Cheney says.

    “January 6 2021 was the first time an American president refused his constitutional duty to transfer power peacefully to the next. He is unfit for any office,” she says.

    This is likely her final major appearance in Congress. After losing her primary in August to a Trump-backed challenger, she will not return to Washington next January.

  19. Trump broke faith in American democracy - chairmanpublished at 18:19 Greenwich Mean Time 19 December 2022

    Chairman Bennie Thompson gets the session under way by speaking of democracy and the "act of faith and hope" that casting a vote in an election represents.

    "We expect the people named on the ballot to uphold their end of the deal," he says, adding that "those who come up short ultimately accept the results and abide by the rule of law".

    "That faith in our system is the foundation of American democracy. If the faith is broken, so is our democracy.

    "And Donald Trump broke that faith. He lost the 2020 election and knew it."

    "In the end, he summoned the mob to Washington and knowingly - they were armed and angry - pointed to the Capitol and told them to fight like hell," Thompson, a Democrat, says.

  20. A buzz here ahead of the meetingpublished at 18:07 Greenwich Mean Time 19 December 2022

    Anthony Zurcher
    North America correspondent at the meeting

    Nothing will quite match the buzz and anticipation around the first committee hearing, held in June on a Thursday evening to guarantee high television viewership.

    But the room for this final hearing is filled with more television cameras, print reporters and photographers than the past few gatherings.

    Two months ago, the committee surprised the audience by issuing a subpoena for Donald Trump's testimony - testimony that he has refused to supply.

    This time around, the committee has telegraphed days in advance that it plans to consider, and will probably approve, multiple criminal referrals of the former president for his connection to the riot.

    Image from the hearing