Title: 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.
Policy area: Crime and Law Enforcement

Summary:
This resolution directs the Department of Justice to open a criminal investigation into President Donald Trump for his actions related to the attack on the U.S. Capitol on January 6, 2021.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 44 Introduced in House (IH)]

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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 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.

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, President 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, 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 violence applies to ``Whoever, with 
        intent that another person 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 addressed, 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 addressed, 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.'';
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 Department of Justice 
        memorandum issued in 1973 that prevents Federal prosecutors from 
        charging a sitting President 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.
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