Capitol riots: Rep. Eric Swalwell suggests Donald Trump could be 'criminally liable' for insurrection

Former President Donald Trump was impeached for the second time by the House for inciting the January 6 insurrection at the Capitol. As the House Committee reveals parts of its findings so far, Democratic Rep. Eric Swalwell suggested that the former president could be held criminally liable for the riots.

Speaking on CNN Wednesday regarding the text messages sent to Mark Meadows that were revealed by the House Committee, Swalwell noted that all the information that was turned over by Meadows to the committee now was not turned over during Trump’s second impeachment. Swalwell explained the importance of having the information that Meadows turned over to the panel, suggesting that this is because the former president may be held “criminally liable.”

The Democratic congressman also noted the remarks of committee vice-chair Rep. Liz Cheney during the committee hearing Monday regarding holding Meadows in contempt.

“It wasn’t an accident that Liz Cheney laid out the elements of the offense of essentially not acting to save Congress while we’re performing the Electoral College count,” explained Swalwell, referring to Cheney making a case for arguing that the former president violated 18 USC 1505.

The law in question would make it illegal to “corruptly, or by threats of force or by any threatening communication, influencing, obstructing, or impeding any pending proceeding pending before a department or agency of the United States, or Congress.” Swalwell suggested that a criminal referral may take place from the House Committee’s investigation into the insurrection regarding Trump’s involvement in the riots.

One of the damning records that Meadows turned over to the committee was a PowerPoint presentation detailing how Trump and his allies could stage a coup to stay in power after the elections. The House committee has since subpoenaed retired Army Colonel Phil Waldron, who drafted the PowerPoint presentation. According to former acting US solicitor general Neal Katyal, the subpoena to Waldron means that the committee’s probe is becoming a criminal investigation.

“I think the documents are really important, but I think it’s a lot more than the documents,” said Katyal. “Actually, what this suggests to me is they are now circling around key individuals in power, both in Congress, the White House, and most specifically, Mark Meadows.”