The House Jan. 6 committee is poised to make a criminal referral against former President Donald Trump on Monday, but it may not be a slam-dunk win for the panel.
A criminal referral against a former president would be unprecedented and likely will ignite an already volatile political environment.
“It is still not clear what such criminal referrals would be based on. The past referrals have dealt with relatively cut-and-dry issues of contempt as with [Stephen K.] Bannon. The more serious possible offenses would come with far more difficult constitutional questions.” said Jonathan Turley, a law professor at George Washington University.