The Jan. 6 Committee has voted to refer former President Donald Trump to the Justice Department for possible criminal prosecution. This referral violates both the letter and spirit of the Constitution for at least two reasons.
www.newsweek.com
Prof Alan Dershowitz says Congress has no authority to refer anyone for prosecution.
Yes. And no.
When Bernie Maddoff was doing his thing and returning unrealistic results, on paper anyway, another investment guy ran the numbers. He was certain and could prove it mathematically. Bernie was a crook. He went to the FBI, the SEC, and walked the agents through the numbers. He even went to the US Attorney. This was years before the scam became public.
Bernie was well respected and nobody believed the guy. In other words anyone can walk to the authorities with proof of wrongdoing and give it to them. In fact, we are required to do just that. If we do not we are technically guilty as accessories after the fact.
So if I have assembled evidence that someone has committed a crime, and I do not submit it to the appropriate authorities, then I am a criminal.
Now, it is up to the appropriate authorities to take action. What action that is I don’t get to say. If they investigate and decide I am full of crap and seeing conspiracies everywhere. Then that is the appropriate action. If they decide it is baseless and ignore it. Then that is the appropriate action. If like Maddoff it turns out he is a massive crook and they ignored it despite experts walking them through the evidence and they rejected it, then they get the fallout.
So Congress referring anyone for prosecution is doing nothing but taking the evidence they have collected and submitting it to the appropriate authorities for consideration. They call it a referral, but it is nothing more than the legal civic duty of every citizen.
Imagine the result if the Republicans found evidence of wrongdoing by a Democrat and said. Nope. Sorry. It isn’t the purview of Congress to do anything with this.
Who are we kidding. Every Republican would trample the elderly and crippled children in a rush to the microphones to proclaim they had the proof the Democrats are even worse than they thought. They would stampede to the DOJ and demand prosecutions.