Given the weight of public evidence, Democratic lawmakers think Trump committed federal crimes.
But Senate Democrats also warn that Garland needs to proceed cautiously. Any prosecution that fails to convict Trump risks becoming a disaster and could vindicate Trump, just as the inconclusive report by Robert Mueller’s team was seized upon as by Trump and his allies to declare his exoneration on a separate series of allegations.
Sen. Richard Blumenthal (D-Conn.) said “clearly what [Trump] did” in the days leading up and the day of the Jan. 6 attack on Congress “falls in the ambit of what’s being investigated and perhaps is criminal.”
Sen. Tim Kaine (D-Va.) said it’s up to the prosecutors at the Justice Department whether to charge Trump, though he believes that the former president’s actions on and before Jan. 6 likely violate federal law.
“They have all of the evidence at their disposal,” he said.