Earlier this week, Representative Bennie Thompson, who serves as the chair of the House committee investigating the January 6 Capitol riot, told reporters that the committee has reached a “general agreement” that it will make some criminal referrals to the Department of Justice (DOJ).
Thompson did not specifically say who will be named in the criminal referrals.
While speaking about the recent remarks by Thompson on The Stephanie Miller Show, hosted by the Political Voices Network, Kirschner said that the Justice Department will not be able to “ignore” the criminal referrals but noted that “they won’t be bound by it.”
“It’s gonna be important, and I believe it has to move the needle,” Kirschner said. “Because if we see all of the evidence of the crimes that have been committed, you know DOJ will see it and I think DOJ will have to act.”
Kirschner further spoke about the potential criminal referrals while appearing on Dean Obeidallah’s radio show, saying that they will be “significant” and “meaningful” but noting that “it’s only a suggestion.”
“It’s a recommendation, but it’s a really important one,” Kirschner said.
“When a co-equal branch of government conducts this kind of far-reaching, exhaustive investigation of the crimes of [the] former president and his criminal associates…they package it all up and hand it off to the Department of Justice with a thoughtful, well-reasoned recommendation that ‘hey DOJ, the evidence here supports criminal charges,’” he added.
When asked if he sees any scenarios where Trump is not named in the January 6 committee’s criminal referrals, Kirschner said, “no, none, zero.”
While speaking with Newsweek earlier this week, Ion Meyn, an assistant law professor at the University of Wisconsin, explained that the criminal referral “is more than symbolic.”
“A referral from a congressional committee that has conducted its own investigation is particularly influential. The referral would place significant pressure on the DOJ to prosecute, and the DOJ will be expected to justify any decision to decline the referral,” Meyn told Newsweek on Tuesday.
If the January 6 committee does decide to make a criminal referral against Trump to the DOJ, a final decision to potentially file official criminal charges will be left to Attorney General Merrick Garland.
Newsweek reached out to representatives for Trump for comment.