WASHINGTON — A federal judge ruled on Monday that former President
Donald J. Trump and a lawyer who advised him on how to overturn the 2020 election most likely committed felonies, including obstructing the work of Congress and conspiring to defraud the United States.
The judge’s comments marked a significant breakthrough for the House committee investigating the Jan. 6 attack on the Capitol, which had laid out in
a civil filing the crimes it believed Mr. Trump might have committed as it weighs making a criminal referral to the Justice Department.
“The illegality of the plan was obvious,” wrote Judge David O. Carter of the Central District of California. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”
The Justice Department has been conducting a wide-ranging investigation of the Capitol assault but has given no public indication that it is considering pursuing a criminal case against Mr. Trump. A criminal referral from the House committee could increase pressure on Attorney General Merrick B. Garland to do so.