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IV
117TH CONGRESS
1ST SESSION
H. RES. 44
Directing the Department of Justice to open a criminal investigation into
President Donald J. Trump for his involvement in and incitement of
the violent attacks at the United States Capitol on January 6, 2021.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 13, 2021
Mr. BRENDAN F. BOYLE of Pennsylvania submitted the following resolution;
which was referred to the Committee on the Judiciary
RESOLUTION
Directing the Department of Justice to open a criminal inves-
tigation into President Donald J. Trump for his involve-
ment in and incitement of the violent attacks at the
United States Capitol on January 6, 2021.
Whereas President Trump held a rally on January 6, 2021,
during which he encouraged the crowd to storm the
United States Capitol, resulting in a violent uprising
against the authority of the United States;
Whereas in his address to the crowd that led to the attack
on the United States Capitol on January 6, 2021, Presi-
dent Trump stated, ‘‘We’re gathered together in the
heart of our Nation’s Capital for very, very basic and
simple reason: to save our democracy . . . you have to
get your people to fight . . . if you don’t fight like hell,
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•HRES 44 IH
you’re not going to have a country anymore . . . so we’re
going to walk down Pennsylvania Avenue and we’re going
to the Capitol.’’;
Whereas under section 373 of title 18, United States Code,
the Federal crime of solicitation to commit a crime of vi-
olence applies to ‘‘Whoever, with intent that another per-
son engage in conduct constituting a felony that has as
an element the use, attempted use, or threatened use of
physical force against property or against the person of
another in violation of the laws of the United States, and
under circumstances strongly corroborative of that intent,
solicits, commands, induces, or otherwise endeavors to
persuade such other person to engage in such conduct
. . .’’;
Whereas the attack on the United States Capitol on January
6, 2021, conducted by the crowd President Trump ad-
dressed, constitutes a rebellion or insurrection against
the authority of the United States;
Whereas the attack on the United States Capitol on January
6, 2021, conducted by the crowd President Trump ad-
dressed, constitutes seditious conspiracy under section
2384 of title 18, United States Code, according to the
Department of Justice memorandum on September 17,
2020, which states, ‘‘Section 2384 does not require proof
of a plot to overthrow the U.S. Government . . . it also
applies to conspiracies with any of the following objects:
to oppose by force the authority [of the Government of
the United States]; by force to prevent, hinder, or delay
the execution of any law of the United States; or by force
to seize, take, or possess any property of the United
States contrary to the authority thereof.’’;
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•HRES 44 IH
Whereas no citizen of the United States is above the law,
even the President of the United States or a former
President of the United States; and
Whereas, as of January 20, 2021, at 12:01 p.m., the Depart-
ment of Justice memorandum issued in 1973 that pre-
vents Federal prosecutors from charging a sitting Presi-
dent with a crime no longer applies to Donald J. Trump:
Now, therefore, be it
Resolved, That the House of Representatives directs
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the Department of Justice to open a criminal investigation
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into Donald J. Trump for his actions related to the attack
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on the United States Capitol on January 6, 2021.
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Æ
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