A former federal prosecutor says House Minority Leader Kevin McCarthy (R-Calif.) and several other GOP lawmakers may have committed a very specific crime in their possible attempts to cover up Donald Trump’s Jan. 6 plot.
“It’s called misprision of a felony,” Glenn Kirschner, who spent 24 years as a prosecutor in the District of Columbia’s U.S. attorney’s office, explained on his YouTube channel.
The law says someone who has knowledge of a felony that’s “cognizable by a court of the United States” but doesn’t come forward with information about it could face up to three years in prison.
Kirshner noted that a federal judge in March determined it “more likely than not that President [Donald] Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”
That makes potential Jan. 6-related crimes “cognizable by a court” ― and significant now that McCarthy and four other GOP lawmakers linked to Trump have been subpoenaed by the bipartisan House committee investigating the riot to answer questions about their knowledge and involvement.
If they refuse to comply, Kirshner said, it “looks like misprision of a felony to me.”
“Also looks like accessory after the fact. Also looks like they are criminal co-conspirators with Donald Trump in his conspiracy to defraud or commit crimes against the United States.”
“So many crimes to choose from,” he concluded.
See his full analysis below: