Thread by @mtracey

What's being called a "criminal referral" by the Jan 6 committee carries just as much legal weight as a letter written in magic marker by Bozo the Clown. Has no basis at all in any statute or House rule, they just put out a Word document and made up a serious-sounding name for it

They didn't even attempt to invoke the one statutory authority they do potentially have at their disposal, the criminal contempt statute (2 USC § 194). So they just wrote their equivalent of a long Substack screed, and hoped the phrase "criminal referral" would get people excited

Media trumpeting how this was the first "criminal referral" of a president in US history neglects to emphasize that the very manner of the "referral" is a whole-cloth invention of the Cheney/Schiff gang. So yeah it's technically true that nobody invented this fake action before

If you write a letter asking for the prosecution of Kermit the Frog, attach it to a rubber chicken, and mail to:

Department of Justice
950 Pennsylvania Ave.
Washington, DC 20530

It's possible that you also carried out the first such "criminal referral" in US history. Congrats

Example of the stupidity, courtesy of NBC. Yes, Trump does have the historic distinction of being the first president to be impeached twice. That's correct. But there's no such thing in this context as a "formal referral" by Congress for "potential prosecution." It doesn't exist

This item and countless others give the impression that Congress has had a formal "criminal referral" power at its disposal since 1789, but was just never moved to use it till now. In reality, no such power exists, which is why the committee invented this "informal" (fake) power

Also contrary to the suggestions of NBC and others, it wasn't "Congress" that took this action, it was nine individual members of the House acting in their individual capacity to send a letter. That's it. Members of Congress send approximately 17,000 joint letters every month

"But weren't they acting in their capacity as members of the Select Committee on Jan 6?"

Good question. Answer: "No." Because the resolution passed by a majority in the House to establish the Committee never even purported to vest them with any sort of "criminal referral" power

The resolution vested them with the power to issue a final report containing their "findings, conclusions, and recommendations for corrective measures." Here was the definition of "corrective measures." You'll notice: nothing about any heretofore unknown "criminal referral" power

Even if the resolution authorizing the Select Committee *did* purport to grant them with something called "criminal referral" powers, it's highly unclear the power could ever be wielded. But that's moot anyway, because the resolution didn't even purport to grant such power

So all the Committee members ultimately was add an exciting little "Criminal Referral" section to their report, and tell everyone this was a really big deal. Good news, High School kids: you have just as much legal authority to do the same thing in your next Book Report

But of course the Committee's most valuable asset of all is their partners, allies, and friends in the media class -- whom they knew would reliably perform their usual PR function in the same lazy and unscrupulous manner as always