In what is considered a historic move, the Jan. 6 select House committee this week voted to send a criminal referral to the U.S. Department of Justice concerning former President Donald Trump and the role the committee believed he played in sparking the Capitol incursion on Jan. 6, 2021.
According to CNBC, in a unanimous vote Monday, the committee determined that it believes ample evidence exists for an investigation and potential criminal action against the former president for “obstructing an official proceeding, conspiracy to defraud the government, making knowingly and willfully materially false statements to the federal government, and inciting or assisting an insurrection.”
However, it appears that reasonable people on both sides of the political aisle believe the criminal referral isn’t worth the paper it was written on.
Michael Tracey, a left-leaning writer, wrote a lengthy Twitter thread regarding why he believes the committee’s referral to the DOJ isn’t what many believe it to be. And he didn’t hold anything back in the process.
“What’s being called a “criminal referral” by the Jan 6 committee carries just as much legal weight as a letter written in magic marker by Bozo the Clown. Has no basis at all in any statute or House rule, they just put out a Word document and made up a serious-sounding name for it,” Tracey’s tweet thread began.
What’s being called a “criminal referral” by the Jan 6 committee carries just as much legal weight as a letter written in magic marker by Bozo the Clown. Has no basis at all in any statute or House rule, they just put out a Word document and made up a serious-sounding name for it
— Michael Tracey (@mtracey) December 19, 2022
“They didn’t even attempt to invoke the one statutory authority they do potentially have at their disposal, the criminal contempt statute (2 USC § 194). So they just wrote their equivalent of a long Substack screed, and hoped the phrase ‘criminal referral’ would get people excited,” Tracey continued.
They didn’t even attempt to invoke the one statutory authority they do potentially have at their disposal, the criminal contempt statute (2 USC § 194). So they just wrote their equivalent of a long Substack screed, and hoped the phrase “criminal referral” would get people excited
— Michael Tracey (@mtracey) December 19, 2022
Tracey nailed it with the last part, because many in the establishment media and the left loved the idea of big, bad Trump facing the possibility of landing in criminal trouble, as opposed to the relentless civil actions taken against him and his organization.
Anti-Trump politicians and their allies in the establishment media have unsuccessfully tried for more than six years to find a way to nail Trump into facing any criminal consequences.
Given how long the Jan. 6 select House committee has been in the works, not to mention the level of resources dedicated to its existence, it was predictable that it would end this way, even if the “evidence” was weak.
“Media trumpeting how this was the first ‘criminal referral’ of a president in US history neglects to emphasize that the very manner of the ‘referral’ is a whole-cloth invention of the Cheney/Schiff gang. So yeah it’s technically true that nobody invented this fake action before,” Tracey wrote.
Media trumpeting how this was the first “criminal referral” of a president in US history neglects to emphasize that the very manner of the “referral” is a whole-cloth invention of the Cheney/Schiff gang. So yeah it’s technically true that nobody invented this fake action before
— Michael Tracey (@mtracey) December 20, 2022
Tracey went on to write that a special committee could mail a letter to the Department of Justice with a criminal referral of Kermit the Frog, and that would also be the first such criminal referral of its kind, but again, it’s not worth its weight.
Coming from one of the left’s own, that’s quite the unexpected but necessary reality check.
Tracey also explained that Congress doesn’t have the “criminal referral” power that the media would like its audience to believe.
“This item and countless others give the impression that Congress has had a formal ‘criminal referral’ power at its disposal since 1789, but was just never moved to use it till now. In reality, no such power exists, which is why the committee — including GOP Rep. Liz Cheney of Wyoming — invented this ‘informal’ (fake) power,” he tweeted.
This item and countless others give the impression that Congress has had a formal “criminal referral” power at its disposal since 1789, but was just never moved to use it till now. In reality, no such power exists, which is why the committee invented this “informal” (fake) power
— Michael Tracey (@mtracey) December 21, 2022
In a follow-up tweet, Tracey clarified that the resolution that allowed the Jan. 6 committee to form in the first place only gave it the power to produce a final report on the matter that contained “findings, conclusions, and recommendations for corrective measures.”
The resolution vested them with the power to issue a final report containing their “findings, conclusions, and recommendations for corrective measures.” Here was the definition of “corrective measures.” You’ll notice: nothing about any heretofore unknown “criminal referral” power pic.twitter.com/NXnAGqcQtG
— Michael Tracey (@mtracey) December 21, 2022
Anything other than a final report, including a “criminal referral,” is simply another act of Kabuki theater produced by anti-Trump actors desperately hoping to make headlines and appease their rabid, anti-Trump base.
This article appeared originally on The Western Journal.
