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 to overturn his election defeat.
“It’s called misprision of a felony,” Glenn Kirschner, who spent 24 years as a prosecutor in the U.S. attorney’s office for the District of Columbia, 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 Trump “corruptly attempted to obstruct” the Jan. 6 vote certification by Congress.
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 House Jan. 6 committee to answer questions about their knowledge and involvement.
If they refuse to comply, Kirshner said, it “looks like misprision of a felony to me.”
He added: “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.
Watch Kirshner’s analysis below: