Protecting Democracy: Jan. 6 Panel’s Recommendations, Proposed Reforms
The report specifically cites 18 U.S.C.§ 1512(c)2, which says individuals who obstruct, influence, or impede official proceedings — or attempt to do so — should face a fine, prison for up to 20 years, or both.
The committee also recommended that Congress assess whether current statutes in place are strong enough to deter illegal actions that could thwart the peaceful transition of power.
Barring Trump from Holding Public Office
The committee argues that the 14th Amendment, which bars individuals “engaged in insurrection” from holding public office, should be applied to Trump. The committee called on Congress to consider “creating a formal mechanism for evaluating whether to bar” individuals in the report from holding government office under the constitutional statute.
The report notes that Trump was impeached by the House for incitement of insurrection following the riot, that 57 senators voted to convict him of the charge, and that more recently, the committee referred the former president to the Justice Department for inciting, assisting, or aiding and comforting an insurrection.
“The committee believes that those who took an oath to protect and defend the Constitution and then, on January 6th, engaged in insurrection can appropriately be disqualified and barred from holding government office — whether federal or state, civilian or military — absent at least two-thirds of Congress acting to remove the disability pursuant to Section 3 of the Fourteenth Amendment,” the report says.
The recommendation is similar to legislation Rep. David Cicilline (D-R.I.) introduced last week, which would prevent Trump from holding public office in the future under the 14th Amendment.
Accountability Measures
The committee accused Trump and attorney John Eastman of specific federal crimes and filed formal recommendations with the Justice Department that the agency investigate those accusations further.
The committee asserts that federal law enforcers should also evaluate the activities of other Trump allies identified within the report in order “to ensure criminal or civil accountability for anyone engaging in misconduct described” in the document.
The committee is also urging courts and local bar associations to disqualify any members of the legal profession who are found to participate in efforts to undermine democratic institutions. And it is calling on the Justice Department to adopt guardrails ensuring that agency employees steer clear of “campaign-related activities.”
National Special Security Event
The committee is recommending that the joint session of Congress convened to count electoral votes on Jan. 6 be designated a national special security event, which would require increased security protections and advance planning and preparation for the proceedings.
Events like the presidential inauguration and the State of the Union are labeled national special security events by the Department of Homeland Security.
“Until January 6th, 2021, the joint session of Congress for counting electoral votes was not understood to pose the same types of security risks as other major events on Capitol Hill,” the report reads. “Given what occurred in 2021, Congress and the Executive Branch should work together to designate the joint session of Congress occurring on January 6th as a National Special Security Event.”
Subpoena Enforcement
The committee conducted more than 1,000 interviews with witnesses, the majority of whom appeared before the panel voluntarily. But a number of high-profile Trump allies declined to cooperate, even under subpoena from the panel.
The list included individuals with unique, first-hand knowledge of the events of the day, including Mark Meadows, Trump’s former chief of staff, and House Minority Leader Kevin McCarthy (R-Calif.), who spoke to Trump by phone in the midst of the riot.
The committee is recommending that Congress grant itself greater powers to enforce its own subpoenas in federal courts.
Protection for Poll Workers
Among the most compelling testimony in the hearings came from poll workers who said their lives were upended after Trump’s allies accused them — falsely — of tampering with the elections to help Joe Biden.
These attacks, often aimed at poll workers’ family members, have raised concerns that election workers across the country will be discouraged from pursuing those duties at the expense of the electoral process overall.
The committee suggests that Congress consider steeper penalties for threats to election workers, while establishing new safeguards to protect the identities of those employees.
Closer Oversight of the Capitol Police
The Jan. 6 attack took a heavy toll on the officers charged with protecting the Capitol that day. Lawmakers in both parties – with a few notable exceptions – have praised the heroics of those officers.
But the forces on hand were unprepared for the thousands of Trump supporters who marched on the Capitol — a crowd that ultimately stormed violently into the building, injuring more than 150 officers in the ensuing melee.
The committee is suggesting that Congress adopt a much more aggressive supervision role of the Capitol Police, to include “regular and rigorous oversight” of the agency, as well as new routine hearings with testimony from the Capitol Police Board.
The panel is also recommending that “full funding for critical security measures” is “assured.”
Role of Media
The committee says it found that a number of individuals connected to the Capitol riot were galvanized by incorrect and misleading information regarding the 2020 presidential election that was amplified in legacy and social media.
The report, for example, makes several mentions of InfoWars host Alex Jones, at one point claiming that he “riled up crowds both in-person and online with incendiary rhetoric about the election” prior to Jan. 6, and that the radio show was “a platform for others in the election-denial coalition.”
The committee said that while individuals are responsible for their own conduct, Congress should continue to scrutinize “policies of media companies that have had the effect of radicalizing their consumers, including by provoking people to attack their own country.”
Insurrection Act
The report details multiple instances when members of the Oath Keepers — including the far-right militia group’s founder, Stewart Rhodes — called on Trump to invoke the Insurrection Act, which would have allowed the president to deploy an armed militia or federal troops to crack down on domestic rebellion or insurrection.
The committee said it was “troubled” by such evidence, and encouraged relevant congressional committees to “evaluate all such evidence, and consider risks posed for future elections.”
Combating Violent Extremism
While most of the Jan. 6 protesters were not affiliated with specific groups, several white nationalist organizations appear to have played an outsized role in the violence that defined the day, including leaders of the Oath Keepers, who have since been convicted of seditious conspiracy, and the Proud Boys, who are facing similar charges.
The committee is suggesting that the federal government — including a host of intelligence agencies like the Secret Service — adopt “whole-of-government strategies” to address the violent threat “posed by all extremist groups.”
The panel is also recommending that the various intelligence and law enforcement agencies better coordinate their resources and activities in the delicate task of sharing information “on a timely basis.”
