Jan. 6 committee finalizes criminal referral plan for Trump

The committee, gathering publicly Monday, is expected to vote on referrals asking the Justice Department to pursue at least three criminal charges against Trump related to the Capitol riot: obstructing an official proceeding, conspiracy to defraud the government and inciting or assisting an insurrection.

Rep. Jamie Raskin, D-Md., said in part during the meeting overheard by NBC News that he believed referrals were “warranted.” A source familiar with the committee’s plans told NBC News about the meeting and its location in the Capitol complex.

The committee did not respond to requests for comment.

NBC News previously reported that obstruction, conspiracy and incitement of an insurrection were among the charges the committee was considering to recommend against Trump.

The criminal referrals carry no official legal weight, and it remains up to the Justice Department to decide whether or not to charge Trump and anyone else the committee might refer.

Sources confirmed after the meeting that the discussions in the room were a review of decisions the committee made previously that would be presented Monday and that the meeting served as a rehearsal of sorts.

The committee also discussed John Eastman, a conservative lawyer on Trump’s legal team who authored a memo outlining a theory of how Trump could hold on to power on Jan. 6.

Eastman, via his attorney, declined to comment.

The committee also plans to refer several Republican members of Congress to the House Ethics Committee for their defiance of congressional subpoenas, NBC News has learned.