Republicans may send criminal referrals to the Justice Department instead of articles of impeachment against President Biden, providing an off-ramp for a struggling investigation but forcing the GOP to demonstrate the president or his family broke the law. The GOP probe faces growing skepticism within the party, with some Republican lawmakers voicing concerns that they have yet to see investigators demonstrate that there was illegal conduct, reports The Hill. Criminal referrals could help avoid an embarrassment on the House floor, like when the GOP lost an initial vote to impeach Homeland Security Secretary Alejandro Mayorkas. The strategy would require the GOP to expound in detail what crimes they believe were committed by the Biden family, along with citing specific statutes and outlining evidence.
It’s a task that might be more difficult than impeachment itself. “With the impeachment bus running on empty, our GOP colleagues now are apparently preparing to save face by ending the impeachment farce with criminal referrals. But criminal referrals require evidence of crimes,” said Rep. Jamie Raskin (MD), top Democrat on the Oversight and Accountability Committee. House Oversight Chair James Comer (R-KY) has hinted at the off-ramp, calling criminal referrals the “best path.” “The way that we’re going to do [it] has always been the best route for accountability. We’ve proven the wrongdoing, now it’s time to hold people accountable. That’s what we’re gonna do.” It’s not clear who Republicans would refer. The possibilities range from President Biden himself to family members and associates of his son Hunter Biden.“ Many of those eyed by the GOP for charges have already been prosecuted by the Justice Department, including Hunter Biden charges related to his failure to pay taxes, as well as gun charges.