Best path to accountability on January 6: A civil lawsuit against Trump

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The House Select Committee investigating the Jan. 6 attack is trying to ensure accountability for those responsible for it. However, there is a better path to achieve that goal: The Justice Department must bring a civil lawsuit against Donald TrumpDonald TrumpNorth Korea is conducting a potential 6th missile test in a month ahead in Perdue in Georgia’s main gubernatorial: poll The US ranked the 27th lowest corrupt country in the world MORE and others promoted and participated in violence, to recoup millions of dollars spent by the United States on Capitol repairs and to pay for the additional security necessary to prevent a recurrence of violence at the Inauguration.

On the congressional side, the House committee has already collected tremendous information on the causes of the security breach and what Congress should do to prevent a recurrence. It does not need the testimony of Republican House members or former White House aides, especially Vice President Mike PenceMichael (Mike) Richard PenceSen. Tim Scott earns nearly a million in fourth quarter Press: Newtsayslock ’emupfordoingtheirjob! The Bipartisan Senate group is discussing changes to the election law, to ensure that security breaches do not recur. If the committee decides that existing law should be amended so that there is no doubt about the limited role of the vice president and others in determining the outcome of a presidential election, there is nothing to say by any of the non-cooperative witnesses that will change. on the outcome of the committee’s conclusions.

The real reason the committee wants to hear these witnesses on the record is because it wants more evidence for its report that assigned the blame for Jan. 6 to the former president and his supporters in Congress. But if that’s their goal, it’s unlikely to succeed in court because liability is not a valid legislative goal, as the Supreme Court recently clarified in rejecting the House’s efforts to get the former president’s tax returns. Even if the committee overcomes that hurdle, time is on the unwilling side, which could also have other constitutional defenses, such as the Speech and Debate Clause for House members, and executive privilege for seniors. White House aides. Aside from legal defenses, there is almost no chance of the committee getting answers to its questions before the end of 2022, when the House majority could change, which is likely to lead to the end of the investigation.

The main problem for the committee is its constitutional duty to legislate, not try to hold those who do wrong accountable.

Although defining accountability is a permissible job for the committee, any neutral person would be encouraged by a report assigning responsibility to Donald Trump and his allies from a committee composed of his political opponents and two traitorous member of the Republic?

Of course, the committee can and should conduct public hearings to disseminate the information it has learned. It should also call as witnesses to members of the House and Trump staff who refused to cooperate and then ask their vacant seats a few simple factual questions about their conversation with the former president on Jan. 6.

As much as I want to see Donald Trump behind bars, the attorney general should reject any attempt to criminally charge the former president because it is more likely to martyr Trump than gain credibility.

Instead, the DOJ should bring civil action against Trump, Rudy GiulianiRudy GiulianiDeputy AG: DOJ investigating fake Trump electors Press: Newtsayslock ’emupfordoingtheirjob! Are the legal walls closing on Donald Trump? MORE, and others to drive the mob before it moved to the Capitol. In doing so, the DOJ could join forces with several private lawsuits against Trump, as well as the DC attorney general on behalf of the city. It should take the lead in the discovery, where it will have the resources to gather all relevant information and find little, if any, legitimate objections of witnesses to testifying about the events on January 6. And if there is types of denials experienced by the Chamber, the matter can be quickly presented to the judge with the case, without having to seek criminal contempt, which is the only remedy of the committees against Steve Bannon.

The U.S. lawsuit does not have to rely on a little -used and less applicable civil rights law used by other plaintiffs. Instead, the attorney general can file a direct claim for violation, as any homeowner would get if mobs broke down their doors and entered.

Finally, if liability is sought, there is nothing better than a final multi-million dollar federal court judgment against Donald Trump that he can appeal up to the Supreme Court, with his three nominees sitting to convict him. . That would be the most important liability: Paying the bill.

Alan B. Morrison is an associate dean at George Washington Law School where he teaches civil procedure and constitutional law.

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