CHARLOTTE, N.C. — Throughout the month of June, the Jan. 6 Committee is expected to reveal new information, and with that, questions are arising about Congress's powers.
The committee is trying to get to the bottom of what happened that day, who planned the attack, and what legislation, if any, might prevent this from happening again.
But do the committee's powers stop there?
THE QUESTION
Can Congress press charges against someone?
OUR SOURCES
THE ANSWER
No, Congress can't press charges against someone.
WHAT WE FOUND
The U.S. Constitution doesn't say anything about congressional investigations and oversight. It does state Congress has "all legislative powers."
"The courts, as well as Congress and the executive branch, have always interpreted all executive, all legislative powers to include the power to carry out investigations in service of the legislative functions of Congress," Sklansky said.
The DOJ is separate from the legislative branch. It's under the executive branch and the White House's direction.
DOJ policy states that it may receive congressional requests for documents and congressional recommendations. But it is the DOJ, not Congress, that has the authority to charge and prosecute an individual.
"Congress doesn't have any ability to force the Department of Justice to consider a particular criminal charge, let alone the power to require the Department of Justice to pursue," Sklansky said.
Congress can only recommend the DOJ press charges against an individual, it cannot charge someone by itself.
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