The January 6 committee, formed by the US House of Representatives, does not have the power to charge someone with crimes. However, the panel can send a recommendation to the US Department of Justice if it is considered necessary.

US Representative Liz Cheney, one of the two Republicans on the panel, told ABC News that it is going to be a “decision that we will make together as a committee.” 

Also Read: Cassidy Hutchinson, Jan 6 witness, was contacted by Trump allies: Report

“I think there is no question that it’s the most serious betrayal of his oath of office of any president in the history of the nation. It is the most dangerous behavior of any president in the history of the nation”, Cheney said in a statement.

According to a poll conducted by the Associated Press, about half of all Americans think that the former President should be charged by authorities for inciting violence at the Capitol last year. The poll was taken after the fifth hearing, which means that Cassidy Hutchinson’s testimony had not been revealed.

Views on Trump’s criminal liability break down predictably along party lines, with 86% of Democrats but only 10% of Republicans saying Trump should be charged with a crime. Among Republicans, 68% say he should not be charged and 21% say they have not made up their mind.

Are there any fissures in the committee?

The entire January 6 committee largely seems to believe that Trump is at least partly responsible for the Capitol violence. However, when it comes to recommending criminal charges, some differences do appear.

Bennie Thompson, the chairman of the committee, said last month that the Justice Department is free to examine the case independently. He explained that a criminal referral is “not our job.”

Also Read: ‘She’s got … mental problems’: Trump slams Cassidy Hutchinson’s testimony

Has the Justice Department been listening?

The Justice Department, currently headed by Attorney General Merrick Garland, has not made any official announcements about chasing criminal charges against the former President. However, some activities of the Justice Department do seem to be parallel with the January 6 committee’s public hearings.

For example, federal agents reportedly seized the phone of John Eastman, who is Trump’s former legal aide. Eastman’s name has surfaced multiple times in the January 6 hearings so far.