Key questions remain unanswered as Jan 6 committee enters its final stage

Washington
CNN
 — 

The House Select Committee investigating January 6 has been able to uncover much of the multi-faceted plot to subvert the 2020 presidential election. But as it heads into what is likely to be one of its final hearings this week, there are a few investigative threads that remain unanswered.

The committee has presented evidence that former President Donald Trump wanted to go to the Capitol on January 6, eliciting testimony from numerous witnesses describing the former President’s urgent desire to be driven to the Capitol complex by his Secret Service detail following his speech on the Ellipse. It also has established that Trump anticipated staying in office.

Yet the committee has not been able to uncover precisely what Trump planned to do upon arriving at the Capitol, a source familiar with its investigation says, and attributes the gap in knowledge to the limited subpoena power of the committee. It also has been unable to definitively conclude if Trump had a plan. Instead, the committee has developed a number of working theories, the source says.

Understanding Trump’s intentions for going to the Capitol on January 6 would provide insight into his state of mind that day and could expose more potentially criminal activity, as the committee has sought to do throughout its investigation and hearings.

Among the biggest questions hanging over the committee ahead of its hearing on Wednesday is whether it will make a criminal referral to the Justice Department. Multiple members on the committee tell CNN the panel has still not reached a decision.

“I think we will certainly discuss whether we will make referrals” Democratic Rep. Adam Schiff, who serves on the committee, told CNN. “In terms of whether we need to make referrals, not in the legal sense, but I think there is a very important element to Congress, finding evidence of criminal conduct and making sure the department is aware of it.”

Speaking at the Texas Tribune festival over the weekend, Republican Rep. and committee vice-chair Liz Cheney said “I think we will be unanimous” when asked how the panel will approach the process of whether to make a criminal referral.

There is also a growing sense among committee members that the Justice Department will be able to fill in some of the unanswered questions left…