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Pete Hegseth showing an image of the Capitol building and an on-screen graphic stating: "Sham Jan 6th Committee refers Trump for prosecution"

Fox personalities dismiss January 6 committee’s criminal referrals for Trump

Written by Zachary Pleat, Charis Hoard & Gideon Taaffe

Published 12/20/22 2:27 PM EST

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Multiple Fox News personalities brushed off the criminal referrals for former President Donald Trump made by the bipartisan House select committee investigating the January 6, 2021, insurrection. The dismissive responses included attacking the committee and its referrals as merely a political exercise, declaring Trump’s innocence, and downplaying the severity of the deadly assault on the U.S. Capitol.

In a historic moment, the committee referred Trump and others, including former Trump attorney John Eastman, who assisted Trump in his attempt to overturn the 2020 election results, to the Department of Justice for prosecution on four criminal charges: obstruction of an official proceeding, conspiracy to defraud the U.S., conspiracy to make a false statement, and insurrection. 

Rep. Jamie Raskin (D-MD) declared when announcing the referrals: “Ours is not a system of justice where foot soldiers go to jail and the masterminds and ringleaders get a free pass.” 

The committee also referred Reps. Kevin McCarthy (R-CA), who is currently attempting to be elected as speaker for the new Congress; Jim Jordan (R-OH); Andy Biggs (R-AZ); and Scott Perry (R-PA) for investigation by the bipartisan House Ethics Committee for defying subpoenas from the select committee.

Since the hearings began, Fox News has repeatedly ignored them and dismissed the serious evidence that the committee has presented. Prime-time star Tucker Carlson chose not to air the first hearing entirely and expressed pride at Fox’s role in hiding some committee hearings from its viewers. Fox hosts have repeatedly downplayed the events of Trump’s attempted coup and lashed out at committee members whom they view as the ex-president’s political opponents. 

Fox has also attacked witnesses such as Cassidy Hutchinson, who testified about Trump not wanting metal detectors at his rally. The network’s hosts and guests declared that the hearings were merely a distraction from real issues and obscured evidence presented against Trump, selectively editing a video of remarks Trump made following the insurrection to make his statement seem less incendiary.

Attacks on the committee from current and former Fox personalities continued before, during, and after its final session:

  • Fox News host Pete Hegseth dismissed the January 6 committee's referrals for prosecution as “a pathetic conclusion” to an “always pointless” commission.
  • Fox anchor Martha MacCallum said: “It feels in many ways like this is a political exercise to an extent.”
  • Fox anchor John Roberts said prior to the beginning of the hearing: “A lot of people think that this … is going to be nothing more than a political exercise if there are referrals to the Justice Department.”
  • Roberts later said of the criminal referrals against Trump: “There are many other people … I would think that would believe that for a Democratic-run Department of Justice to prevent a former Republican president from trying to run for a second term would really be political dynamite, and something that President Trump could exploit all the while he is running for president again.”
  • Fox contributor Andrew McCarthy said: “This is a theatrical exercise more than, you know, a real hearing process.”
  • Fox legal analyst Gregg Jarrett said: “This is symbolism at its worst, a purely partisan act by a politically driven committee. … This isn’t just weak. This is farcical.”
  • Fox host Trey Gowdy declared of the criminal referrals: “It's utterly worthless. It means absolutely nothing. … It's utterly worthless. It is not worth the paper it's written on.”
  • Fox contributor Mollie Hemingway whitewashed the violence of the insurrection, writing on Twitter: “The First Amendment guarantees the right of the people peaceably to assemble. Amazing how much this committee is going to war against speech, press, assembly, right to petition government for a redress of grievances, right to an attorney, due process, etc.”
  • Former Fox producer Kyle Becker also downplayed the insurrection’s violence, writing on Twitter: “D.C. politicians can save the endless sanctimony over J6 rioters that killed no one.”
  • Becker later tweeted: “Giving a speech is not a ‘crime.’ Telling people to peacefully protest is not a ‘crime.’ Contesting election results is not a ‘crime.’ Dems did it three different elections since 2000. They also incited riots at Trump's inauguration with violent language. This is a farce.”
  • Fox contributor Leo Terrell declared on Twitter: “President Trump is 100% innocent of charges raised by the phony January 6th committee.”
  • Fox contributor Jonathan Turley downplayed the evidence against Trump, saying: “They could also take it to trial and look for a favorable jury in places like D.C. The problem is I don't think these convictions on this evidence would likely be -- would likely withstand judicial scrutiny. The biggest problem are those counts that turn on the president's speech.”
  • Fox guest Alan Dershowitz declared of the criminal referrals: “Of course it's never been done before, because it's unconstitutional. It violates three provisions in the Constitution. … This is a very dangerous thing. It's not just irrelevant.”

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