IV 
117TH CONGRESS 
1ST SESSION 
H. RES. 44 
Directing the Department of Justice to open a criminal investigation into 
President Donald J. Trump for his involvement in and incitement of 
the violent attacks at the United States Capitol on January 6, 2021. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2021 
Mr. BRENDAN F. BOYLE of Pennsylvania submitted the following resolution; 
which was referred to the Committee on the Judiciary 
RESOLUTION 
Directing the Department of Justice to open a criminal inves-
tigation into President Donald J. Trump for his involve-
ment in and incitement of the violent attacks at the 
United States Capitol on January 6, 2021. 
Whereas President Trump held a rally on January 6, 2021, 
during which he encouraged the crowd to storm the 
United States Capitol, resulting in a violent uprising 
against the authority of the United States; 
Whereas in his address to the crowd that led to the attack 
on the United States Capitol on January 6, 2021, Presi-
dent Trump stated, ‘‘We’re gathered together in the 
heart of our Nation’s Capital for very, very basic and 
simple reason: to save our democracy . . . you have to 
get your people to fight . . . if you don’t fight like hell, 
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•HRES 44 IH 
you’re not going to have a country anymore . . . so we’re 
going to walk down Pennsylvania Avenue and we’re going 
to the Capitol.’’; 
Whereas under section 373 of title 18, United States Code, 
the Federal crime of solicitation to commit a crime of vi-
olence applies to ‘‘Whoever, with intent that another per-
son engage in conduct constituting a felony that has as 
an element the use, attempted use, or threatened use of 
physical force against property or against the person of 
another in violation of the laws of the United States, and 
under circumstances strongly corroborative of that intent, 
solicits, commands, induces, or otherwise endeavors to 
persuade such other person to engage in such conduct 
. . .’’; 
Whereas the attack on the United States Capitol on January 
6, 2021, conducted by the crowd President Trump ad-
dressed, constitutes a rebellion or insurrection against 
the authority of the United States; 
Whereas the attack on the United States Capitol on January 
6, 2021, conducted by the crowd President Trump ad-
dressed, constitutes seditious conspiracy under section 
2384 of title 18, United States Code, according to the 
Department of Justice memorandum on September 17, 
2020, which states, ‘‘Section 2384 does not require proof 
of a plot to overthrow the U.S. Government . . . it also 
applies to conspiracies with any of the following objects: 
to oppose by force the authority [of the Government of 
the United States]; by force to prevent, hinder, or delay 
the execution of any law of the United States; or by force 
to seize, take, or possess any property of the United 
States contrary to the authority thereof.’’; 
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•HRES 44 IH 
Whereas no citizen of the United States is above the law, 
even the President of the United States or a former 
President of the United States; and 
Whereas, as of January 20, 2021, at 12:01 p.m., the Depart-
ment of Justice memorandum issued in 1973 that pre-
vents Federal prosecutors from charging a sitting Presi-
dent with a crime no longer applies to Donald J. Trump: 
Now, therefore, be it 
Resolved, That the House of Representatives directs 
the Department of Justice to open a criminal investigation 
into Donald J. Trump for his actions related to the attack 
on the United States Capitol on January 6, 2021. 
Æ 
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