who s at the center plot to overturn the election. the man whose lies about the results pose a threat to democracy to this day. the ex-president himself, donald trump. that subpoena promises to add to his mountain of legal trouble and peril. the ones he already faces. multiple investigations into his handling of government records, family businesses and his attempt to overturn his defeat. it sets the stage for a number of big decisions for the january 6 select committee. abc news is reporting this. on internal deliberations within the committee on what his testimony could look like. there s been talk for months about whether they want trump to testify in a live setting. no doubt they want him to testify under oath. some members are hesitant to give him a live stage while others view it as beneficial to the investigation as they would get to question him under oath and there appears to be more of an openness to committee members having him appear live. should he refuse, the co
from the criminal code. did donald trump through action or inaction corruptly seek to obstruct or impede congress official proceedings to count electoral votes? he could have told them to go home and he failed to do so. it s hard to imagine a more significant and serious dereliction of duty than that. is his failure to make that statement criminal negligence? i think there are a number of as the chairman said, potential criminal statutes at issue here. so for a president to through either his action or inaction, for example, attempt to impede or obstruct the counting of electoral votes, an official proceeding of congress, the committee is looking at that. looking at whether what he did constitutes that kind of a crime. it s absolutely clear that what president trump was doing,
is his failure to make that statement criminal negligence? i think that there are a number of as the chairman said, potential criminal statutes at issue here. liz cheney there looking at the possibility of criminal charges for the disgraced former president for inciting the january 6th insurrection and doing nothing about it. tomorrow, attorney general merrick garland will address the department of justice s efforts to investigate and prosecute those responsible for the attack. garland will not speak about specific people or charges. instead, he will offer broad remarks about the department s duty to follow the facts and law and pursue equal justice under the law. it comes amid growing criticism that garland has failed to be aggressive in prosecuting or investigating those responsible for january 6th. joining our conversation, msnbc legal analyst, neil, former acting u.s. solicitor general.