Jan. 6 Panel Adopts Prosecution Tactics for Its Investigation – The New York Times
The House select committee scrutinizing the Jan. 6 assault on the Capitol is borrowing techniques from federal prosecutions, employing aggressive tactics typically used against mobsters and terrorists as it seeks to break through stonewalling from former President Donald J. Trump and his allies and develop evidence that could prompt a criminal case.
In what its members see as the best opportunity to hold Mr. Trump and his team accountable, the committee which has no authority to pursue criminal charges is using what powers it has in expansive ways in hopes of pressuring Attorney General Merrick B. Garland to use the Justice Department to investigate and prosecute them.
The panels investigation is being run by a former U.S. attorney, and the top investigator brought in to focus on Mr. Trumps inner circle is also a former U.S. attorney. The panel has hired more than a dozen other former federal prosecutors.
The committee has interviewed more than 475 witnesses and issued more than 100 subpoenas, including broad ones to banks as well as telecommunications and social media companies. Some of the subpoenas have swept up the personal data of Trump family members and allies, local politicians and at least one member of Congress, Representative Jim Jordan, Republican of Ohio. Though no subpoena has been issued for Mr. Jordan, his text messages and calls have shown up in communications with Mark Meadows, the former White House chief of staff, and in a call with Mr. Trump on the morning of Jan. 6, 2021.
Armed with reams of telephone records and metadata, the committee has used link analysis, a data mapping technique that former F.B.I. agents say was key to identifying terrorist networks in the years after the Sept. 11 attacks. The F.B.I. said it used a similar tactic last month to identify the seller of a gun to a man in Texas who took hostages at a synagogue.
Faced with at least 16 Trump allies who have signaled they will not fully cooperate with the committee, investigators have taken a page out of organized crime prosecutions and quietly turned at least six lower-level Trump staff members into witnesses who have provided information about their bosses activities.
The committee is also considering granting immunity to key members of Mr. Trumps inner circle who have invoked their Fifth Amendment right against self-incrimination as a way of pressuring them to testify.
Having lived through and being a part of every major congressional investigation over the past 50 years from Iran-contra to Whitewater to everything else, this is the mother of all investigations and a quantum leap for Congress in a way Ive never seen before, said Stanley Brand, a Democrat and the former top lawyer for the House who is now representing Dan Scavino, one of Mr. Trumps closest aides, in the investigation.
It is a development, Mr. Brand suggested, that Democrats might one day come to regret. When a frontier is pushed back, it doesnt recede, he said. They think theyre fighting for the survival of the democracy and the ends justify the means. Just wait if the Republicans take over.
The committees aggressive approach carries with it another obvious risk: that it could fail to turn up compelling new information about Mr. Trumps efforts to hold onto power after his defeat or to make a persuasive case for a Justice Department prosecution. Mr. Trump survived years of scrutiny by the special counsel in the Russia investigation, Robert S. Mueller III, and two impeachments. Despite a swirl of new investigations since he left office, the former president remains the dominant force in Republican politics.
The committee has no law enforcement role, and its stated goal is to write a comprehensive report and propose recommendations, including for legislation, to try to make sure the events of Jan. 6 are never repeated.
Nevertheless, its members have openly discussed what criminal laws Mr. Trump and his allies may have violated and how they might recommend that the Justice Department investigate him. Such a step could put considerable additional pressure on Mr. Garland, who has not given any specific public indication that the department is investigating Mr. Trump or would support prosecuting him.
As the House investigation was gaining momentum late last year, the committees vice chairwoman, Representative Liz Cheney, Republican of Wyoming, read from the criminal code to describe a law she believed could be used to prosecute Mr. Trump for obstructing Congress as it sought to certify the Electoral College count of his defeat.
Ms. Cheney and the other Republican on the committee, Representative Adam Kinzinger of Illinois, were censured by the Republican National Committee on Friday for their participation in the investigation.
Mr. Trumps allies have grown angry not just at the aggressiveness of the committee for example, in making subpoenas public before they have been served but also at the expansive list of people questioned, some of whom, these allies maintain, had minimal to no involvement in the events of Jan. 6.
The tactics being used by the committee were described by nearly a dozen people, including members of the committee, aides, witnesses and their lawyers, and other people familiar with the panels work. Many spoke on the condition of anonymity because they did not want to be identified discussing what the committee says is a confidential investigation.
By comparison, the House select committee that spent two and a half years investigating the 2012 Benghazi attack issued just a dozen or so subpoenas a small fraction of the number issued by the Jan. 6 committee so far and made no criminal referrals. The Jan. 6 panel has already recommended criminal contempt of Congress charges against three witnesses who refused to cooperate, and one, Stephen K. Bannon, has already been indicted by the Justice Department.
Members of the Jan. 6 committee say the obstacles thrown up by Mr. Trump and his allies and the high stakes of the investigation have left the panel with no choice but to use every tool at its disposal.
Its not a criminal investigation, but having experienced former prosecutors who know how to run complex, white-collar investigations working on a plot to overturn the presidential election is a very useful talent among your team, said Representative Adam B. Schiff, Democrat of California and a committee member.
To lead the inquiry, the panel hired Timothy J. Heaphy, the former U.S. attorney for the Western District of Virginia. In that position, he oversaw a number of high-profile prosecutions, including one in which the drugmaker Abbott Laboratories pleaded guilty in a fraud case and paid a $1.5 billion fine.
Ms. Cheney and the committees chairman, Representative Bennie Thompson, Democrat of Mississippi, also hired John Wood, a former U.S. attorney for the Western District of Missouri and a former deputy associate attorney general in the George W. Bush administration. He is a senior investigative counsel for the committee and is focusing on Mr. Trumps inner circle. Neither Mr. Heaphy nor Mr. Wood had previously worked on a congressional investigation.
Some of the Democrats on the committee were concerned that if the panel was too aggressive, Republicans might turn the tables on the Democrats whenever they took back control of the House. But Ms. Cheney insisted that the committee be as aggressive as possible.
She said that the panel would face significant resistance from Mr. Trumps inner circle, and that the committee would be criticized no matter what it did, so there was no reason to hold back in the face of efforts to impede its work.
Mr. Trump moved to block the National Archives from handing over documents from his White House, leading to a monthslong court fight that ended with the committee receiving the documents.
At least 16 witnesses have sued to try to block the committees subpoenas. Four of the panels most sought-after targets the conservative lawyer John Eastman; Jeffrey Clark, the Justice Department lawyer deeply involved in Mr. Trumps plays to try to stay in power; the conspiracy theorist Alex Jones; and the longtime Trump adviser Roger J. Stone Jr. invoked the Fifth Amendment as a way to avoid answering questions without the threat of a contempt of Congress charge.
Three Republican members of Congress Representative Kevin McCarthy of California, the minority leader; Representative Scott Perry of Pennsylvania; and Mr. Jordan told the committee that they would refuse to sit for questioning.
Despite those obstacles, the committee turned its attention to lower-level aides, who investigators knew were in the room for many of the key events that occurred in the lead-up to and during the assault, or were told almost immediately about what had occurred. Those witnesses tended to be younger and have far less money to hire high-end white-collar defense lawyers to fend off the committee. So far, the committee has spoken to at least a half-dozen lower-level aides who fall into this category.
When Mr. Meadows, the former White House chief of staff, refused to testify, the panel turned to his top aide, Ben Williamson, who complied with a subpoena and sat for hours of questioning. After Mr. Clark, the Justice Department lawyer, refused to cooperate, a former senior counsel who worked for him, Kenneth Klukowski, sat for an interview with the committee.
Representative Jamie Raskin, Democrat of Maryland and a member of the panel, said the committee was not trying to flip witnesses the way investigators might do in a criminal case. But, he said, If you drew some kind of social diagrams of whos testifying and whos not, pretty much everyone is testifying, except for those who are in the immediate entourage of Donald Trump.
Among the other aides who have testified before the committee are Marc Short, Greg Jacob and Keith Kellogg, all of whom worked for former Vice President Mike Pence. Three former spokeswomen for Mr. Trump have also cooperated: Kayleigh McEnany, Stephanie Grisham and Alyssa Farah Griffin.
The committees investigative work related to Mr. Trumps current spokesman illustrates the aggressive steps the panel is taking. The spokesman, Taylor Budowich, turned over more than 1,700 pages of documents and sat for roughly four hours of sworn testimony.
Shortly after testifying, Mr. Budowich learned that the committee had requested financial records from his bank related to pro-Trump rallies. A federal judge turned down an emergency request by Mr. Budowich to force congressional investigators to relinquish his banking records, which JPMorgan Chase had already given to the committee.
Investigators also sought a broad swath of phone records from Ali Alexander, a right-wing rally organizer who was cooperating with the committee, for two months before Jan. 6, 2021 well before he claims to have thought of planning an event that day and for one month after.
Late last month, another example of the panels investigative approach emerged. Mr. Jones, the conspiracy theorist, who has sued the committee, was questioned by investigators in a virtual interview. He later said on his radio show that in the interview he had invoked his Fifth Amendment privilege against self-incrimination nearly 100 times.
I just had a very intense experience being interrogated by the Jan. 6 committee lawyers, he said. They were polite, but they were dogged.
Even though Mr. Jones refused to share information with the committee, he said the investigators seemed to have found ways around his lack of cooperation. He said the committee had already obtained text messages from him.
They have everything thats already on my phones and things, he said. I saw my text messages with political organizers tied to the Jan. 6 rally.
Maggie Haberman, Matthew Cullen and Alan Feuer contributed reporting.
View post:
Jan. 6 Panel Adopts Prosecution Tactics for Its Investigation - The New York Times
- Donald Trump Praises Ted Sarandos But Says Netflix-WBD Would Have A Great Big Market Share In Streaming - Deadline - December 7th, 2025 [December 7th, 2025]
- Sources: Ted Sarandos Met With Donald Trump Ahead of Netflixs Winning Warner Bros. Deal - The Hollywood Reporter - December 7th, 2025 [December 7th, 2025]
- Donald Trump Jr. suggests the US may walk away from Ukraine peace talks - CNN - December 7th, 2025 [December 7th, 2025]
- "SNL" mocks Pete Hegseth and "sleeping" Donald Trump"kill everybody" - Newsweek - December 7th, 2025 [December 7th, 2025]
- The war on drugs felt over. Donald Trump restarted it - CNN - December 7th, 2025 [December 7th, 2025]
- At the 2026 World Cup draw, the winner is ... Donald Trump - CNBC - December 7th, 2025 [December 7th, 2025]
- Melania Trump was once the one making controversial White House design choices. Now, it's Donald Trump. - Business Insider - December 2nd, 2025 [December 2nd, 2025]
- Donald Trump Gets Worrying Sign Ahead of Midterms - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Tennessee Special Election Could Be Kamala Harris Revenge on Donald Trump - Newsweek - December 2nd, 2025 [December 2nd, 2025]
- Drug trafficking: Donald Trump says he is 'okay' with striking Mexico - France 24 - November 18th, 2025 [November 18th, 2025]
- Donald Trump to host Saudi crown prince Mohammed bin Salman at White House - live updates - The Guardian - November 18th, 2025 [November 18th, 2025]
- MBS Has a List of Big Asks for Donald Trump in DC - Bloomberg.com - November 14th, 2025 [November 14th, 2025]
- Timeline of Donald Trump and Jeffrey Epsteins relationship - CNN - November 14th, 2025 [November 14th, 2025]
- 'I am the one able to take him down.' What Jeffrey Epstein said about Donald Trump. - USA Today - November 14th, 2025 [November 14th, 2025]
- President Donald Trump signs the funding bill from Congress that reopens the government - The White House (.gov) - November 14th, 2025 [November 14th, 2025]
- Donald Trump Is a Lamer Duck Than Ever - The Atlantic - November 14th, 2025 [November 14th, 2025]
- Terry McAuliffe: Donald Trump is the Democrats Best Weapon - CNN - November 14th, 2025 [November 14th, 2025]
- Donald Trump May Have Revealed Where Barron Is Living After His Quiet College Transfer - People.com - November 14th, 2025 [November 14th, 2025]
- Eight California Counties Won by Donald Trump Vote Yes on Prop 50 - Newsweek - November 5th, 2025 [November 5th, 2025]
- Donald Trump Reacts After Democrats Win Big on Election Night - Newsweek - November 5th, 2025 [November 5th, 2025]
- Donald Trump Has All-Caps Reaction To GOP's Disastrous Election Night - HuffPost - November 5th, 2025 [November 5th, 2025]
- Donald Trump says rare earths dispute settled after Xi Jinping meeting in South Korea live updates - The Guardian - October 30th, 2025 [October 30th, 2025]
- President Donald Trump attends a dinner in his honor hosted by President Lee Jae Myung of the Republic of Korea - The White House (.gov) - October 30th, 2025 [October 30th, 2025]
- Donald Trump departs South Korea after talks with Xi Jinping - DW - October 30th, 2025 [October 30th, 2025]
- Donald Trump Is the First AI Slop President - WIRED - October 30th, 2025 [October 30th, 2025]
- Donald Trump speaks after Xi Jinping meeting in South Korea live updates - The Guardian - October 30th, 2025 [October 30th, 2025]
- Donald Trump Orders Nuclear Weapons Testing: What To Know - Newsweek - October 30th, 2025 [October 30th, 2025]
- Donald Trump will not be running for a third term in 2028, and it has nothing to do with law or politics - Yahoo - October 28th, 2025 [October 28th, 2025]
- Donald Trump's week in Asia: BBC correspondents on the wins and potential losses - BBC - October 26th, 2025 [October 26th, 2025]
- Kinzinger: East Wing demolition emblematic of how Donald Trump has run his presidency - CNN - October 26th, 2025 [October 26th, 2025]
- Donald Trump's nightmare scenario: A World Series between teams from Canada, California - The Palm Beach Post - October 26th, 2025 [October 26th, 2025]
- Xi Jinping is at his boldest and brashest. How will Donald Trump fare this week? - The Economist - October 26th, 2025 [October 26th, 2025]
- When is Donald Trump going to Malaysia? President set to participate in ASEAN 2025. - USA Today - October 26th, 2025 [October 26th, 2025]
- President Donald Trump attends a roundtable event launching the Homeland Security Task Force - The White House (.gov) - October 24th, 2025 [October 24th, 2025]
- Donald Trump sued over East Wing demolition: What to know - FOX 5 DC - October 24th, 2025 [October 24th, 2025]
- Donald Trump Is Expected to Name the New White House Ballroom After Himself: Report - People.com - October 24th, 2025 [October 24th, 2025]
- Jon Stewart Dubs Donald Trump the Imitation Crab of Kings on The Daily Show - Rolling Stone - October 21st, 2025 [October 21st, 2025]
- Diplomatic triumph or capitulation? Albanese found Donald Trump in a heavenly mood but the devil may be in the detail - The Guardian - October 21st, 2025 [October 21st, 2025]
- Donald Trump Gets Federal Court Win Over National Guard in Portland - Newsweek - October 21st, 2025 [October 21st, 2025]
- Kenny Loggins Slams Donald Trump for Using Danger Zone Song With the Sole Purpose of Dividing Us - The Hollywood Reporter - October 21st, 2025 [October 21st, 2025]
- These DOJ attorneys charging Donald Trump's critics with crimes have this is common - MSNBC News - October 19th, 2025 [October 19th, 2025]
- Xi Jinping is preparing to go toe to toe with Donald Trump and there will only be one winner | Simon Tisdall - The Guardian - October 19th, 2025 [October 19th, 2025]
- Donald Trump mocks 'No Kings' protests with AI video of himself dropping brown sludge on protesters from jet - Sky News - October 19th, 2025 [October 19th, 2025]
- Donald Trump is not on the ballot, but hes a major factor in the November elections - CNN - October 19th, 2025 [October 19th, 2025]
- Ben Shapiro: Donald Trump, the peace president - Grand Forks Herald - October 19th, 2025 [October 19th, 2025]
- Bette Midler roasts Donald Trump in 'Wind Beneath My Wings' parody for Stephen Colbert - USA Today - October 17th, 2025 [October 17th, 2025]
- What Donald Trump gets right in the Middle East - The Economist - October 17th, 2025 [October 17th, 2025]
- Gaza Update: Donald Trump Issues Fiery New Warning to Hamas - Newsweek - October 17th, 2025 [October 17th, 2025]
- Private numbers of Australian PM and Donald Trump Jr listed on website - BBC - October 15th, 2025 [October 15th, 2025]
- The shutdown, Donald Trump approval, ICE, the economy, the DOJ, and conversion therapy: October 10 - 13, 2025 Economist/YouGov Poll - YouGov - October 15th, 2025 [October 15th, 2025]
- President Donald Trump lands at Israels Ben Gurion Airport for whirlwind visit - The Times of Israel - October 13th, 2025 [October 13th, 2025]
- China tries shock-and-awe on Donald Trump - The Economist - October 13th, 2025 [October 13th, 2025]
- As Donald Trump heads to Gaza peace summit in Egypt, who is going and who isnt? - The Guardian - October 13th, 2025 [October 13th, 2025]
- Donald Trump scrambles to seal the deal in Gaza - The Economist - October 13th, 2025 [October 13th, 2025]
- Donald Trump Says He Doesn't Think He's 'Heaven-Bound' After Fundraising for Help Getting There - People.com - October 13th, 2025 [October 13th, 2025]
- Donald Trump, 79, Admits He Might Not Get Into Heaven - The Daily Beast - October 13th, 2025 [October 13th, 2025]
- Donald Trump Flies to Israel and States: The War Is Over - Newsweek - October 13th, 2025 [October 13th, 2025]
- Donald Trump jokes about his eternal fate: 'I think I am not maybe heaven-bound' - Washington Times - October 13th, 2025 [October 13th, 2025]
- Donald Trump Returned to Hospital for More Heart Tests 3 Months After Diagnosis, Physician Reveals - People.com - October 11th, 2025 [October 11th, 2025]
- President Donald Trump is in exceptional health, his doctor says, after visit to Walter Reed - AP News - October 11th, 2025 [October 11th, 2025]
- Live updates: Donald Trump says mass government layoffs will be 'Democrat-oriented' - The Hill - October 11th, 2025 [October 11th, 2025]
- A euphoric Donald Trump wins a breakthrough in the Middle East - The Economist - October 9th, 2025 [October 9th, 2025]
- Donald Trump calls Bad Bunny absolutely ridiculous choice for Super Bowl halftime show - The Athletic - The New York Times - October 9th, 2025 [October 9th, 2025]
- Donald Trump To Undergo Checkup This Week: What to Know - Newsweek - October 9th, 2025 [October 9th, 2025]
- Supreme Court Could Give Donald Trump the Power to Fire People at Will - newsweek.com - October 7th, 2025 [October 7th, 2025]
- Donald Trump, the Sports Fan - The New York Times - October 7th, 2025 [October 7th, 2025]
- President Donald Trump's approval rating by state as of October 2025 - Yahoo - October 7th, 2025 [October 7th, 2025]
- Opinion | Who Is Donald Trump Responsible To? - The New York Times - October 4th, 2025 [October 4th, 2025]
- Donald Trump Is Putting His Face on Both Sides of a New Coin. U.S. Treasury Reveals 'First Drafts' - People.com - October 4th, 2025 [October 4th, 2025]
- Donald Trump administration seeking to federalize 300 Illinois National Guard members amid Chicago ICE raids: Gov. JB Pritzker - ABC7 Chicago - October 4th, 2025 [October 4th, 2025]
- Donald Trump Is Making a Mistake That Blew Up in Thomas Jeffersons Face - Politico - October 4th, 2025 [October 4th, 2025]
- Donald Trump and the Aggressive Pursuit of a Nobel Peace Prize - Bloomberg.com - October 4th, 2025 [October 4th, 2025]
- President Donald Trump and Israeli Prime Minister Benjamin Netanyahu hold a joint press conference announcing the U.S. peace plan for Gaza - The White... - October 2nd, 2025 [October 2nd, 2025]
- Are Donald Trump Dementia Searches Being Blocked by Google? What To Know - Newsweek - October 2nd, 2025 [October 2nd, 2025]
- Donald Trump Vows to Use Shutdown to Clear Out Dead Wood - Newsweek - October 2nd, 2025 [October 2nd, 2025]
- Donald Trump tries to enlist the top brass for the war from within - The Economist - October 2nd, 2025 [October 2nd, 2025]
- President Donald Trump meets with Prime Minister Shehbaz Sharif and Field Marshal Asim Munir of Pakistan - The White House (.gov) - September 28th, 2025 [September 28th, 2025]
- Why Donald Trump is obsessed with Portland - Politico - September 28th, 2025 [September 28th, 2025]
- Donald Trump says he is deploying troops to Portland, Oregon - The Guardian - September 28th, 2025 [September 28th, 2025]
- Autistic people could teach Donald Trump a thing or two about focus, facts and empathy | Rhiannon Lucy Cosslett - The Guardian - September 28th, 2025 [September 28th, 2025]