The question of whether Donald Trump could face prosecution has been raised yet again amidst reports the January half-dozen House Select Commission cannot agree on whether to refer the erstwhile president to the Section of Justice for investigation.

Trump, who is facing a number of ceremonious and potential criminal inquiries, is the lead focus of the console's investigation into the days leading up to the Capitol attack and the credible attempt to overturn the 2020 election results.

On Dominicus, The New York Times reported that despite the bear witness available to them, the January half dozen committee is split over whether to refer Trump to the DoJ and Attorney General Merrick Garland.

Co-ordinate to the report, citing members of the panel and aides, there are concerns that referring Trump will be viewed as a Democratic Congress seeking the prosecution of the quondam GOP president.

Some panel members suggested any DoJ conclusion to accuse Trump will not come as a non-legally bounden referral from the commission.

"Mayhap we will, maybe we won't," panel member Rep. Zoe Lofgren, a California Democrat, told The Times with regards to a referral. "It doesn't take a legal touch on."

There are also fears that a criminal referral for Trump will taint the January 6 inquiry every bit beingness merely a partisan assault on Trump, or a "witch chase" to use a phrase oftentimes used by the onetime president.

Trump has frequently accused the committee of existence a politically motivated body whose sole purpose is to try and stop him from running for president once more.

Newsweek has reached out to Trump's role for comment.

While a referral for Trump from the January vi console, which is not a criminal inquiry, does non agree any weight legally, other public statements may play a bigger influence in the DoJ and Garland'south decision making.

In March, U.S. District Estimate David Carter ruled that Trump "more probable than not" committed a felony in trying to stop the certification of President Joe Biden's election victory on January 6.

Carter made the finding in a civil case involving Trump lawyer John Eastman's attempts to withhold more 100 documents from the Jan 6 panel and therefore could not recommend a criminal charge himself. The panel believes even so that Carter's ruling is more significant than any referral letter they could offer with regards to persuading Garland to launch an investigation, The Times reported.

There is also the question of whether the panel even needs to formally refer Trump at all given that it already suggested in March ii court filings that the one-time president and his associates engaged in a "criminal conspiracy" to prevent Congress from certifying Biden'southward victory.

Speaking to Newsweek, Neama Rahmani, former federal prosecutor and president of W Coast Trial Lawyers, said that even if the committee refers Trump to the DoJ for investigation, at that place is still a possibility that Garland will not accept the case for prosecution.

"Though the commission may have uncovered some new evidence, almost of the data was probably already known to federal prosecutors every bit a result of the Capitol riot prosecutions," Rahmani said. "A referral from Congress may not increment that possibility of an investigation, much less an indictment.

"On ane hand, a referral increases political pressure level on the attorney general to act. On the other, it feeds into Trump's argument that the investigation is a political witch hunt."

The DoJ has not given whatever indication on whether it intends to launch a criminal case against Trump. The January vi panel has previously expressed its frustration that the department and Garland accept not moved chop-chop plenty to charge the onetime president's inner circle with contempt after they referred them for refusing to comply with their subpoenas.

Even without a Jan 6 console referral, Trump withal faces a number of possible indictments putting him at hazard of beingness the start former president in U.South. history to be criminally charged.

In New York, Trump remains under investigation for alleged revenue enhancement fraud past the Trump Organization despite Manhattan District Attorney Alvin Bragg being reported to have shelved the inquiry into the erstwhile president.

In March, The New York Times published the resignation letter from prosecutor Marker Pomerantz, who quit as special assistant district attorney in February amid reports Bragg had doubts about pushing forrad with prosecuting the former president.

In his damning letter, Pomerantz said that Trump was "guilty of numerous felony violations" with regards to his "false" financial statements and that it would be "a grave failure of justice" if Bragg fails to prosecute him.

"The team that has been investigating Mr. Trump harbors no doubt well-nigh whether he committed crimes—he did," Pomerantz wrote.

In a statement last month, Trump's spokesperson Liz Harrington dismissed the claims fabricated by "Radical Left lawyer" Pomerantz regarding Bragg non pursuing "phony" charges against the former president.

"President Trump built a great business, and did cipher wrong. New York should get dorsum to solving their skyrocketing crime problem, rather than spending and then much time and energy on partisan witch hunts," Harrington said.

Despite reports that Bragg was winding down his criminal investigation into Trump's business dealings without an indictment, the DA issued a statement concluding week saying the probe is notwithstanding alive.

"While the law constrains me from commenting farther at this time, I unequivocally pledge that the Office will publicly state the conclusion of our investigation—whether we conclude our piece of work without bringing charges, or move frontward with an indictment," Bragg said.

"In the meantime, we will not exist discussing our investigative steps. Nor will we be discussing grand jury matters. In short, as nosotros take previously said, the investigation continues."

trump investigations
Quondam U.S. President Donald Trump leaves Trump Tower in Manhattan on July nineteen, 2021 in New York City. James Devaney/GC Images/Getty Images

Trump could also face criminal charges in Georgia as part of Fulton Canton District Attorney Fani Willis' investigation into declared 2020 election interference.

Willis has been investigating whether Trump committed an criminal offence during a phone call with Georgia'southward Secretary of State Brad Raffensperger in which the one-time president asked him to "find" xi,780 votes in order to overturn Biden'southward win in the state.

In Jan, Georgia prosecutors asked for a special grand jury to assistance in the election fraud investigation, which will be seated from May 2.

While a yard jury cannot upshot an indictment, it tin can issue subpoenas for show and focus entirely on gathering evidence against Trump.

The special thou jury volition work for no longer than 12 months, announced Christopher Brasher, main judge of Fulton County Superior Court.

Update 04/11/2022, xi:17 a.k. ET: This article has been updated with annotate from Neama Rahmani.