Column: The huge political mistake the Jan. 6 committee could easily avoid (via latimesopinion)
court. This is all nonsense, Stalin’s show trials involved manufactured evidence and confessions extracted from torture. The Jan. 6 committee struggles to get compliance with subpoenas.
But pretending a criminal referral is a big deal lends weight to the nonsense. If the committee was actually a criminal proceeding, it would be a grotesque violation of due process and a farce. But it’s not. It’s a poorly designed, but ultimately essential, fact-finding effort. And it’s pretty obvious who doesn’t want the facts to be found.
There’s ample blame to go around for the one-sided nature of the committee. But as much as I agree with the committee’s goals, there’s no disputing that it’s not giving the Trumpists anything like equal time. It’s nothing like a Stalinist show trial, as critics bleat and moan, but neither is it an impartial inquiry of the sort required to determine criminal guilt — or even the sort required to launch a criminal investigation.
The Justice Department follows its own procedure, guidelines and counsel for such investigation. In this case, perhaps more than any other, it should stay that way. A simple report laying out the already compelling evidence would have the same legal effect as a criminal referral. But unlike a simple report, the political effect of a criminal referral could be hugely negative — because the misperception that the Justice Department follows Congress’ orders could turn into the misperception that the only reason the department prosecuted at all was because of a one-sided, “partisan” committee made a criminal referral.
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