As Impeachment Nears End, Federal Inquiry Looms as Reminder of Trump’s Role in Riot

Even if the Senate votes to acquit former President Donald J. Trump at his second impeachment trial, it will hardly be the last or decisive word on his level of culpability in the assault on the Capitol last month.

While the Justice Department officials examining the rash of crimes committed during the riot have signaled that they do not plan to make Mr. Trump a focus of the investigation, the volumes of evidence they are compiling may eventually give a clearer — and possibly more damning — picture of his role in the attack.

Case files in the investigation have offered signs that many of the rioters believed, as impeachment managers have said, that they were answering Mr. Trump’s call on Jan. 6. The inquiry has also offered evidence that some pro-Trump extremist groups, concerned about fraud in the election, may have conspired together to plan the insurrection.

“If this was a conspiracy, Trump was the leader,” said Jonathan Zucker, the lawyer for Dominic Pezzola, a member of the far-right Proud Boys group who has been charged with obstructing police officers guarding the Capitol. “He was the one calling the shots.”

As the sprawling investigation goes on — quite likely for months or even years — and newly unearthed evidence brings continual reminders of the riot, Mr. Trump may suffer further harm to his battered reputation, complicating any post-presidential ventures. Already, about a dozen suspects have explicitly blamed him for their part in the rampage — a number that will most likely rise as more arrests are made and legal strategies develop.

Some defendants, court papers show, said they went to Washington because Mr. Trump encouraged them to do so, while others said they stormed the Capitol largely because of Mr. Trump’s appeal to “fight like hell” to overturn the election. One man — charged with assaulting the police — accused the former president of being his accomplice: In recent court papers, he described Mr. Trump as “a de facto unindicted co-conspirator” in his case.

The Trump Impeachment ›

What You Need to Know

• • A trial is being held to decide whether former President Donald J. Trump is guilty of inciting a deadly mob of his supporters when they stormed the Capitol on Jan. 6, violently breaching security measures and sending lawmakers into hiding as they met to certify President Biden’s victory.
  • The House voted 232 to 197 to approve a single article of impeachment, accusing Mr. Trump of “inciting violence against the government of the United States” in his quest to overturn the election results. Ten Republicans joined the Democrats in voting to impeach him.
  • To convict Mr. Trump, the Senate would need a two-thirds majority to be in agreement. This means at least 17 Republican senators would have to vote with Senate Democrats to convict.
  • A conviction seems unlikely. Last month, only five Republicans in the Senate sided with Democrats in beating back a Republican attempt to dismiss the charges because Mr. Trump is no longer in office. Only 27 senators say they are undecided about whether to convict Mr. Trump.
  • If the Senate convicts Mr. Trump, finding him guilty of “inciting violence against the government of the United States,” senators could then vote on whether to bar him from holding future office. That vote would only require a simple majority, and if it came down to party lines, Democrats would prevail with Vice President Kamala Harris casting the tie-breaking vote.
  • If the Senate does not convict Mr. Trump, the former president could be eligible to run for public office once again. Public opinion surveys show that he remains by far the most popular national figure in the Republican Party.

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