Jan. 6 committee meeting live updates: Criminal referrals prepared

(WASHINGTON) — The House select committee examining the Jan. 6 attack at the U.S. Capitol is holding its final public meeting on Monday.

The panel will meet at 1 p.m. ET and is expected to discuss criminal referrals for former President Donald Trump and other figures who played a role in the failed attempt to overturn the 2020 election.

This week, the committee, which will disbanded at the end of the year, is expected to also release a comprehensive report with findings and recommendations from its 18-month investigation. The report is expected to follow the themes presented in the series of nine public hearings held this summer and fall, which examined Trump’s pressure campaign on federal and state officials, and his response as the violence unfolded.

Please check back for updates. All times Eastern:

Dec 19, 12:00 PM ESTWhat it means for the committee to make criminal referrals

The Justice Department is not obligated to act on referrals, but public hearings outlining Trump’s “seven-point plan” to overturn the 2020 presidential election have amped up pressure on Garland to bring criminal charges against Trump — which would be the first in history against a former president.

The Justice Department for months has been conducting its own separate investigation into Jan. 6, which has included multiple former senior Trump White House staffers along with his close allies appearing before grand juries.

“The committee’s public hearings have raised the stakes enormously for the country, in the sense that the criminal activity shown to have gone on is so brazen, that if the Justice Department does not enforce the law in this case, it really does further erode the rule of law and democracy,” Ryan Goodman, a New York University School of Law professor, told ABC News.

Dec 19, 11:12 AM ESTWhat’s happened since the last Jan. 6 committee hearing

The committee last met in public on Oct. 13 when members voted unanimously to subpoena Donald Trump.

Since then, Trump has sued to block the subpoena from being enforced. Chairman Bennie Thompson, D-Miss., said the panel was looking at paths forward after Trump’s lawsuit but it has yet to take any action in court.

The committee has also interviewed more witnesses since its last hearing, including former White House deputy chief of staff for operations and top Secret Service official Tony Ornato — the figure at the center of bombshell testimony involving an alleged physical confrontation between Trump and his security detail in the president’s vehicle on Jan. 6.

Wisconsin Assembly Speaker Robin Vos and former Trump White House adviser Kellyanne Conway also have met with the committee since its last public meeting.

Dec 19, 10:41 AM ESTSlight majority of Americans say Trump should be charged: Polling

Public attitudes on Donald Trump’s culpability surrounding the Jan. 6 Capitol attack have been essentially steady over the past year, with a slight majority of Americans saying he should be charged with a crime, according to ABC News/Washington Post and ABC News/Ipsos polling.

A survey in April found 52% responding that Trump should be charged with a crime for his role in the Capitol attack, while 42% said he should not. Polling in September showed those favoring a charge remained at 52%, while those opposed to charges fell slightly to 39%.

In January 2021, about a week after the Capitol attack, 54% of respondents said Trump should be charged with inciting a riot.

Dec 19, 10:08 AM ESTCriminal referrals the committee might make

Over a series of nine hearings this summer and fall, the committee outlined an alleged “sophisticated seven-point plan” it says Trump and his allies engaged in with the goal of stopping the peaceful transfer of power, including “corruptly” planning to replace federal and state officials with those who would support his fake election claims and pressuring Pence to violate his oath to uphold the Constitution.

Acting on a plan with the intent to stop the counting of electoral votes would likely violate 18 U.S.C. ? 1512(c), obstruction of an official proceeding, which makes it a felony to attempt to “corruptly obstruct, influence, or impede any official proceeding,” such as the certification of a presidential election, and comes with up to 20 years in prison.

Another statute raised by Rep. Liz Cheney over several hearings, 18 U.S.C. ? 371, conspiracy to defraud the United States, criminalizes the agreement between two or more persons to “impair, obstruct or defeat the lawful government functions” and is punishable by up to five years in prison.

Dec 19, 9:50 AM ESTHow Trump has responded to the Jan. 6 committee

The House Jan. 6 select committee in a matter of hours will consider its final report, which is expected to reveal how far it will go in accusing Trump of deep involvement in what it says was a plot to overturn the 2020 election.

Even before it began a series of high-profile public hearings in June, Trump repeatedly railed against the panel, dubbing it the “unselect” committee and casting it as a partisan “witch hunt,” attacking witnesses and denying wrongdoing, all while making false claims of widespread election fraud two years ago.

The committee, meanwhile, has interviewed scores of witnesses and heard their dramatic testimony in front of TV cameras, delivering a slate of bombshells about the inner workings of the Trump White House leading up to Jan. 6 and on the day itself.

Dec 19, 9:13 AM ESTExpect ‘five or six’ categories of referrals: Chairman

The most important business at hand when the select committee meets this afternoon is the committee’s highly anticipated decision on criminal referrals.

Sources familiar told ABC News the committee is preparing to urge the Department of Justice to prosecute Donald Trump for obstruction of an official proceeding and conspiracy to defraud the United States. Another criminal charge under discussion is insurrection, the sources said.

Chairman Bennie Thompson, D-Miss., tasked a subcommittee to make recommendations on criminal referrals and to also explore enforcement options for the five Republican lawmakers who ignored subpoenas to testify: Reps. Kevin McCarthy, Andy Biggs, Jim Jordan, Scott Perry and Mo Brooks.

Thompson has said to expect “five or six” categories of referrals, which means there could be referrals to several different entities such as the Justice Department or the House Committee on Ethics.

The extent of the criminal referrals, and who will be targeted, will be made clear in a matter of hours when the committee releases a separate, shorter report on the matter. Any referrals would be a largely symbolic move, though, as it’s ultimately up to federal prosecutors whether to pursue charges.

-ABC News’ Katherine Faulders

Dec 19, 8:01 AM ESTLiz Cheney’s mission: Keep Donald Trump out of the White House

Rep. Liz Cheney will make a last high-profile stand against Donald Trump when the Jan. 6 committee holds its final public meeting in a matter of hours — as sources say it’s preparing to recommend the first-ever criminal charges against a former president.

It’s cost the Wyoming Republican her political career to take on Trump, but she’s said she has no regrets — making the case she has a higher mission: to keep him from ever regaining the White House.

After voting to impeach Trump, and then accepting an invitation to serve on the select committee, she lost her No. 3 House GOP leadership position and ultimately, her congressional seat.

But in doing so, she also won unlikely supporters as she exposed what she called Trump’s seven-point plan to steal the election and admonished her Republican colleagues who, she said, lacked the courage to do the same.

Click here for some of Cheney’s most memorable moments.

Dec 19, 7:54 AM ESTCommittee to release summary of final report

The Jan. 6 committee is expected to release an executive summary of its findings after Monday’s meeting concludes.

“Following the business meeting, the Select Committee is expected to release certain materials, including an executive summary of the report, details on referrals, and additional information about witnesses who have appeared before the committee,” a select committee aide said in a statement on Sunday.

Select committee members have not yet provided DOJ investigators with copies of the committee’s transcripts and witness interviews — with members opting to do so at the end of their investigation.

-ABC News’ Katherine Faulders

Dec 19, 7:43 AM ESTCommittee expected to recommend criminal charges

Monday is the last public meeting of the Jan. 6 committee, with ABC News learning members are expected to recommend criminal charges be pursued against former President Donald Trump in connection with the Capitol attack nearly two years ago.

Sources familiar with the committee’s deliberations say the recommended charges will include conspiracy to defraud the United States and obstruction of an official proceeding. The committee also is considering recommending Trump be charged with insurrection.

Members have been working against the clock to try to finish their work before Republicans take control of the House in the new year.

Any decision about whether to bring any charges against the former president would be left to the Department of Justice. DOJ has been conducting its own parallel investigation into the events of Jan. 6 and isn’t obligated to act on congressional referrals.

-ABC News’ Katherine Faulders