Schiff says Trump broke the law, declines to reveal specific criminal referrals ahead of Jan. 6 meeting

Rep. Adam Schiff, D-Calif., said Sunday that the House Jan. 6 committee has evidence that former President Donald Trump broke the law, but he declined to get specific about the criminal referrals it could make ahead of the panel’s final meeting on Monday.

In an interview on CNN’s “State of the Union,” Schiff, a member of the committee, cited multiple efforts by Trump to overturn the results of the 2020 presidential election, including pressuring state officials to go along with his false claims of widespread election fraud. “If that’s not criminal, then I don’t know what it is,” he said.

Schiff, however, declined to comment on the possible referrals the committee could make, saying the panel is set to vote on them and will reveal its decision Monday, as well as release its final report later this month.

“But I can tell you that our process has been to look meticulously at the evidence and compare it to various statutes. Is there sufficient evidence as to each element of a particular crime?” he said. “We are not referring, or at least won’t be voting to refer, everyone we think there may be evidence, because we want to focus on those for which we believe there’s the strongest evidence.”

The committee, which has been forecasting the possibility of referring Trump to the Justice Department for a crime, is actively considering charges for insurrection, obstruction of an official proceeding of Congress and conspiracy.

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While all three are possible, the panel has not yet made a final decision, three sources involved in the committee’s deliberations told NBC News last week. These potential recommendations are not necessarily reserved for Trump and could also include referrals to other government agencies or the House Ethics Committee.

Schiff reiterated that he thinks the former president “violated multiple criminal laws” and should be prosecuted like any other American who breaks the law.

Asked whether the panel will refer members of Congress who ignored subpoenas from the panel to the ethics committee, Schiff said its decision on the “appropriate remedy” for those lawmakers — which includes Reps. Jim Jordan, R-Ohio, and Scott Perry, R-Pa. — will also be made public Monday.

“We have weighed: What is the remedy for members of Congress? Is it a criminal referral to another branch of government, or is it better that the Congress police its own?” he said, adding that the panel has considered censure and ethics referrals.

Ryan Nobles, Haley Talbot, Ali Vitali, Jonathan Allen and Garrett Haake contributed.