WASHINGTON, DC - FEBRUARY 13: House Minority Leader Kevin McCarthy (R-CA) (R) listens to House Republican Conference Chair Rep. Liz Cheney (R-WY) during a news conference following a caucus meeting at the U.S. Capitol Visitors Center February 13, 2019 in Washington, DC. McCarthy said that he supports the framework of a bipartisan spending deal that would avert another partial federal government shutdown but is waiting to read the bill before deciding on whether he would vote for it. (Photo by Chip Somodevilla/Getty Images)
United States Rep. Liz Cheney (R-Wyoming), the Republicans co-chair of the House Select Committee to Investigate the January 6th Attack on the United States Capitol, suggested over the weekend that former President Donald Trump‘s “actions or inactions” during the insurrection meet the statute of a federal felony.
“Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress’s proceedings?” Cheney said on Sunday following the Saturday release of a report containing previously unknown details about then-White House Chief of Staff Mark Meadows‘ role in the siege, including text messages and emails between Meadows and sitting members of Congress in which they discussed tactics to overturn the 2020 election.
“These texts leave no doubt: the White House knew exactly what was happening at the Capitol. Members of Congress, the press, and others wrote to Mark Meadows as the attack was underway,” said Cheney.
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Cheney’s posit indicates that the Committee believes that Trump obstructed a congressional proceeding.
18 U.S Code 1505 states:
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress – Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
Late Tuesday night, the House of Representatives voted 222-208 to refer Meadows to the Justice Department for criminal contempt of Congress for refusing to comply with a subpoena for his personal testimony. Meadows claims that he is shielded by executive privilege, which the Committee says is nonsense.
“He has not claimed and does not have any privilege basis to refuse entirely to testify regarding these topics,” Cheney said.
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