Summary highlight: Committee says Cipollone could reveal more to DOJ
The committee believes the Department of Justice can compel former White House counsel Pat Cipollone to testify about his conversations with Trump, the report summary says.
Cipollone spoke to the committee, and his testimony is quoted extensively in the panel's summary. But he had avoided discussing direct talks with Trump with the committee, because of executive privilege concerns.
“During the ensuing riot, the president refused to condemn the violence or encourage the crowd to disperse despite repeated pleas from his staff and family that he do so," the summary says. "The committee has evidence from multiple sources establishing these facts, including testimony from former White House Counsel Pat Cipollone.”
“Although Cipollone’s testimony did not disclose a number of direct communications with President Trump in light of concerns about executive privilege, the department now appears to have obtained a ruling that Cipollone can testify before a grand jury about these communications," the summary’s authors wrote. "Based on the information it has obtained, the committee believes that Cipollone and others can provide direct testimony establishing that President Trump refused repeatedly, for multiple hours, to make a public statement directing his violent and lawless supporters to leave the Capitol."
Summary highlight: Pence's security detail feared for their lives
A White House security official who monitored Secret Service transmissions from the White House recalls members of then-Vice President Mike Pence’s detail “starting to fear for their own lives” as the Capitol attack unfolded, the report summary said.
“There was a lot of yelling, a lot of — I don’t know — a lot [of] very personal calls over the radio,” said the official, whose identity the committee said it withheld because of national security concerns and to guard against retaliation. “So it was disturbing. I don’t like talking about it, but there were calls to say goodbye to family members, so on and so forth. It was getting — for whatever the reason was on the ground — the VP detail thought that this was about to get very ugly.”
The official said members of Pence's detail thought they were “running out of options” and were “getting nervous,” and it sounded like they “came very close to either Service having to use lethal options or worse,” according to the summary.
Raskin says criminal referrals will be sent to DOJ 'this week'
Members of the Jan. 6 committee, Reps. Jamie Raskin, D-Md., and Adam Schiff, D-Calif., told reporters that the criminal referrals would be sent to the Department of Justice this week but declined to elaborate on additional specifics.
“We just have a few more days in businesses so certainly it will happen this week,” Raskin said Monday in response to a question about quickly the committee would send material to DOJ.
When asked whether the committee would be “filling in the blank” of who was among the “others,” after Trump and Eastman, to be included in the referrals, Raskin said only that “the others are all contained in our report, and that’s a judgment that’s going to have to be made by the Department of Justice about whether they have sufficient evidence and probable cause in their case in order to bring charges.”
Schiff, for his part, said that Trump should be treated like “any other American” by the Justice Department as it weighs whether to charge him.
“We believe as we indicated in our criminal referral that Donald J. Trump that there was evidence that he violated multiple criminal laws,” Schiff said. “If the Justice Department concurs with that assessment and with the evidence, then he should be prosecuted like any other American.”
Jordan, Perry criticize referrals to House Ethics Committee
Two of the four members of Congress referred to the House Ethics Committee by the Jan. 6 committee slammed the panel Monday.
In a statement to NBC News, Russell Dye, a spokesperson for Rep. Jim Jordan, R-Ohio, said, "This is just another partisan and political stunt made by a select committee that knowingly altered evidence, blocked minority representation on a committee for the first time in the history of the U.S. House of Representatives, and failed to respond to Mr. Jordan’s numerous letters and concerns surrounding the politicization and legitimacy of the committee’s work."
Jay Ostrich, a spokesperson for Rep. Scott Perry, R-Pa., said, "More games from a petulant and soon-to-be defunct kangaroo court desperate for revenge and struggling to get out from under the weight of its own irrelevancy."
The offices of the two other members, House Minority Leader Kevin McCarthy, R-Calif., and Rep. Andy Biggs, R-Ariz., did not immediately return NBC News' request for comment.
Summary highlight: Efforts to impede the panel's investigation
In its report summary, the committee detailed what it said were efforts to obstruct its investigation.
For example, the committee said it had received testimony from a witness about her decision to terminate a lawyer who was being paid by a group allied with Trump.
The witness, whom the summary didn’t identify, expressed concern that the lawyer advised her that she could "tell the committee that she did not recall facts when she actually did recall them," the summary said.
The client was also offered "potential employment that would make her 'financially very comfortable' as the date of her testimony approached by entities apparently linked to Donald Trump and his associates," the summary continued.
The witness also testified that multiple people linked to Trump contacted her in advance of her testimony.
"What they said to me is, as long as I continue to be a team player, they know that I am on the right team. I am doing the right thing. I am protecting who I need to protect," the witness said. "You know, I will continue to stay in good graces in Trump world. And they have reminded me a couple of times that Trump does read transcripts and just keep that in mind as I proceed through my interviews with the committee."
The committee said it's also aware of multiple efforts by Trump to contact witnesses that went before the panel's investigators. "The Department of Justice is aware of at least one of those circumstances," the summary said. It also said much of this evidence is already known by the Department of Justice and other prosecutorial authorities.
Trump has done little to respond to committee allegations
Trump has done little over the course of the committee's investigation to deny or respond to the allegations and evidence the panel has presented against him.
- On Trump pressuring Pence to overturn the election: Trump has maintained that it was the vice president's right to reject electors on Jan. 6 and delay the certification proceedings — an assertion that Pence himself and numerous legal experts have roundly rejected.
- On pressuring local and state elections officials and members of Congress: Trump hasn't denied these efforts. Instead, he has publicly touted his efforts to oust certain officials by backing GOP challengers, including Republicans such as Arizona House Speaker Rusty Bowers, Wisconsin Assembly Speaker Robin Vos, Georgia Gov. Brian Kemp and Georgia Secretary of State Brad Raffensperger.
- On Cassidy Hutchinson's testimony: Trump has denied Hutchinson's testimony that he attempted to grab the steering wheel of his vehicle on Jan. 6 in an attempt to go to the Capitol. Trump, however, has not denied that he was aware of weapons along the National Mall on Jan. 6.
- On not calling for help for Capitol Police: Trump has not denied that he failed to call the Pentagon or the governors of Maryland and Virginia to deploy the National Guard.
- On far-right groups drawing inspiration from Trump: Trump has not denied that he helped inspire far-right groups, including the Proud Boys and Oath Keepers, to violently attempt to obstruct the official certification proceedings on Jan. 6.
Summary confirms 4 Republicans, including McCarthy, referred to Ethics Committee
The committee announced during Monday's final meeting that it was referring four Republican members of Congress to the House Ethics Committee for defying subpoenas from the committee earlier this year.
But Rep. Jamie Raskin, D-Md., did not name those members during the meeting. Instead, those names were made public in a summary of the committee's final report.
They are: House Minority Leader and potential incoming Speaker Kevin McCarthy, R-Calif; Rep. Jim Jordan, R-Ohio, who is expected to be the next chairman of the House Judiciary Committee; Rep. Andy Biggs, R-Ariz.; and Scott Perry, R-Pa.
“Despite the Select Committee’s repeated attempts to obtain information from these Members and the issuance of subpoenas, each has refused to cooperate and failed to comply with a lawfully issued subpoena," according to the report summary. "Accordingly, the Select Committee is referring their failure to comply with the subpoenas issued to them to the Ethics Committee for further action. To be clear, this referral is only for failure to comply with lawfully issued subpoenas. “
Summary highlight: Panel suggests DOJ, Fulton County pick up the baton
The Jan. 6 committee said in the summary of its report that the Department of Justice and the district attorney in Fulton County, Georgia, might be able to access information unavailable to the congressional panel.
The DOJ and the district attorney in Georgia could "utilize investigative tools, including search warrants and grand juries, superior to the means the committee has for obtaining relevant information and testimony," the summary says.
Prosecutors might now have access to testimony from Mark Meadows, Trump's former White House chief of staff, "and others who either asserted privileges or invoked their Fifth Amendment rights."
"The department may also be able to access, via grand jury subpoena or otherwise, the testimony of Republican Leader Kevin McCarthy, Representative Scott Perry, Representative Jim Jordan and others, each of whom appears to have had materially relevant communications with Donald Trump or others in the White House but who failed to comply with the Select Committee’s subpoenas," the summary said.
Pelosi praises Jan. 6 committee: 'Justice must be done'
Outgoing House Speaker Nancy Pelosi, D-Calif., thanked the members of the Jan. 6 committee for being “relentless” in “their pursuit of truth” and demanded that “justice must be done” following the panel’s last public meeting.
“With painstaking detail, this executive summary documents the sinister plot to subvert the Congress, shred the Constitution and halt the peaceful transfer of power," Pelosi said in a statement. "The committee has reached important conclusions about the evidence it has developed, and I respect those findings.”
“Our Founders made clear that, in the United States of America, no one is above the law. This bedrock principle remains unequivocally true, and justice must be done,” she added.