Of course, DOJ doesn’t need a referral to start investigating, and there is no benefit to waiting; cases only grow weaker over time and memories fade. Typically, a criminal investigation is also considered more serious than, and takes precedence over, a Congressional probe. So as the revelations pile up, the question many have asked for months comes to the fore again: will the DOJ investigate these events and possibly file charges against anyone?
Of course, it’s possible an investigation is proceeding; usually, criminal investigations are not announced publicly. Law enforcement works out of the public gaze, in part to allow for the effective gathering of evidence that, in many cases, is subject to strict grand jury secrecy rules. In this instance, however, given the publicity surrounding the events in question and the ongoing Congressional investigation, a secret DOJ investigation being carried out at the present time appears unlikely.
But the federal courts, ultimately, remain the best place to prosecute an overarching scheme — involving an attack on Congress — to undermine the results of a free and fair election across multiple states.
As a nation, are we really willing to accept that a former President, who pledged to faithfully execute our laws but instead tried to fraudulently steal an election to stay in power, walks away without even a comprehensive federal criminal investigation of his conduct? The lack of transparent, unequivocal action by DOJ in defending our democracy from an attack of this magnitude lets us all down.