When Republicans take control of the House of Representatives in January, they should investigate the “malfeasance” of the Democrat-led January 6 Subcommittee, which edited out exculpatory information and cleverly edited in “incriminating” information, Fox News Legal Analyst Gregg Jarrett says.
After the committee announced criminal referrals to the Justice Department on Monday, calling on it to investigate former President Donald Trump, Jarrett appeared on Fox News with Harvard Law Professor Emeritus Alan Dershowitz to denounce the committee and its referrals.
Jarrett said that he agrees with Dershowitz that the Justice Department will simply throw the referrals into “the circular file”:
“This was the last and, I think, it was the tenth hearing. And, they had to do something and they chose the referrals – which, I agree with the professor, go in the circular file, the wastebasket, because the committee is now functionless, effective early January, when Republicans regain the House of Representatives control.”
“This is symbolism at its worst: a purely partisan act, by a politically-driven committee. I don’t think anybody in the Department of Justice is even going to read it,” Jarrett added.
Jarrett said that he believes, and hopes, the Republican-led House will launch an investigation into the committee’s dishonest editing of information, then provide Americans with “the full, unadulterated truth”:
“And, I think one of the investigations that are going to be conducting is the malfeasance of this committee.
“You know, (GOP Rep.) Andy Biggs has said, ‘We are going to subpoena all of the thousands of hours of videotape that they carefully edited.’
“In other words: editing out exculpatory information and cleverly editing in incriminating information.
“Well, that’s fundamentally unfair. And I think Americans deserve the full, unadulterated truth. So, I hope they do that.”
What’s more, from a legal standpoint, both the committee’s criminal referrals and its so-called “evidence” aren’t just weak, they’re “farcical,” Jarrett said:
“Politicians are not prosecutors. And, good prosecutors know that they have to prove every essential element of a crime beyond a reasonable doubt. And, legally, when you read through these referrals, as I have, they are anemic.
“For example, ‘obstructing government process,’ because Trump worked with others to object to Biden’s slate of electors?
“You mean like Democrats did, (Democrat Rep.) Jamie Raskin did in 2017? The committee Chairman Benny Thompson in 2005, objecting to Republican electors?
“One of the other referrals is ‘incitement of insurrection.’ Where is the evidence of that?
“The committee spent 16 months trying to find evidence of that. All they have is Trump’s speech – which is just the opposite – in which he urges his supporters to protest peacefully, cheer on the allies, let your voices be heard. That is not the standard set by the Supreme Court for incitement of violence.
“And so, this isn’t just weak. This is farcical.”
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