[8] In January 2025, the special counsel report was released, in which "the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.".

[9] On January 7, when asked at a press conference whether the speakers at the rally prior to the Capitol attack were being investigated for their remarks, Acting District of Columbia U.S. Attorney Michael R. Sherwin stated "Yes, we are looking at all actors here, not only the people that went into the building, but .

"[10][11] On the same day, Acting U.S. Attorney General Jeffrey A. Rosen announced that Justice Department prosecutors were working with the United States Capitol Police, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Metropolitan Police Department of the District of Columbia to gather and assess evidence to identify, arrest, and charge the perpetrators of the attack,[12] while the Justice Department announced the next day that 40 individuals had been charged in the District of Columbia Superior Court, that additional complaints had filed, and that investigations were ongoing.

[14] However, in February 2021, the Department of Justice chose not to investigate claims made by Trump supporters that they had submitted fake electors, but it began considering the matter toward the end of the year.

[21][22][23] Convicting Trump of sedition would require proof that he “set out to break the law,” said former deputy assistant attorney general Elliot Williams.

On November 11, 2022, former U.S. attorney Barbara McQuade told MSNBC's Katie Phang: "The idea that you can inoculate yourself from criminal charges by just declaring yourself a candidate for some high office is ludicrous.

"[36] By March 2022, the DOJ had seated several grand juries, including one regarding the fake electors scheme, to help prosecutors decide whether to bring charges against Trump's inner circle.

[37][38] One grand jury issued subpoenas to several Trump associates involved in the planning and financing of the president's "Stop the Steal" rally that preceded the Capitol attack.

By June 2022, the Justice Department was issuing subpoenas to Republican officials in several states regarding the fake electors scheme.

The next month, Pence's former chief of staff Marc Short and counsel Gregory Jacob testified to the grand jury under subpoena.

[48] Nonetheless, the Justice Department has managed to obtain some information from Trump's inner circle: On November 23, 2022, it was reported that Pence was ready to negotiate an agreement to testify before the DOJ.

Thompson, the committee chair, told reporters he did not intend to give the Justice Department "full access to our product" especially when "we haven't completed our own work."

[80] The lawyer John Eastman was also referred for two of those same charges: obstruction of an official proceeding and conspiracy to defraud the United States.

[80] On December 28, 2022, former U.S. Attorney Barbara McQuade said that, for those two charges, prosecutors must show that the perpetrators had "corrupt intent" and "knowledge of fraud" respectively.

[85] On December 29, 2022, John Dean, former White House counsel for Richard Nixon, said: "I think an overwhelming case — proof beyond a reasonable doubt — is out there against Trump.

"[86] In deciding whom to charge and what witnesses to call, DOJ will have to anticipate how they would argue or testify in court, which may not be clear from the committee's work alone.

[90] On September 30, 2022, after the House Committee on Oversight and Reform had requested Trump administration records, NARA responded: "we do know that we do not have custody of everything we should."

"[94] Fani Willis, district attorney of Fulton County, Georgia, opened a criminal investigation in February 2021 regarding the presidential election in that state.

After Trump left office in 2021, the National Archives and Records Administration (NARA) asked him to surrender the material, and he reportedly went through it.

[95] As of September 16, 2022, investigators had not decided whether to pursue a criminal inquiry against Trump's lawyers Christina Bobb and Evan Corcoran.

[103][104] On August 18, 2022, Allen Weisselberg, chief financial officer (CFO) of the Trump Organization, pleaded guilty to 15 felony charges for evading $344,745 in taxes over 15 years.

[107] On October 21, 2022, Steve Bannon was sentenced to four months in prison for criminal contempt of Congress, following his conviction in July 2022 of two counts of not complying with the House select committee's subpoena.

[108][109] Separately, he has been charged in New York state with fraud, money laundering, and conspiracy in connection with the "We Build The Wall" campaign.