ahead and that referral would be in the justice department s hands, how rare would it be to prosecute a former president? it would be very rare. you have to remember a referral on something like this is different than the referral for contempt of congress. there congress is saying you know, this person disobeyed our request, our subpoena. we want them held in contempt. and there s a federal law that says the justice department must consider that. there s no such federal law if congress refers and says we think the president obstructed congress here and tried to interfere with our vote count, that has no legal weight. and it probably wouldn t be telling the justice department anything it doesn t already know. plus there is this rule of federal prosecution that says you shouldn t bring a charge unless you believe there s at least a 50% chance that a jury would convict. the justice department would have to consider how serious is a case by saying the president s failure to urge the peop