Jan. 6 Criminal Referral Charges Against Trump 'Will Stick,' Kirschner Says

Donald Trump could be facing dozens of years in prison for alleged offenses tied to the January 6, 2021, Capitol riot. Now, one prominent attorney is insisting that the possible charges against the former president, including insurrection, will "stick."

Former federal prosecutor Glenn Kirschner tweeted a video of himself on Saturday night explaining his prediction.

"January 6 committee to refer Trump to the DOJ for prosecution on 3 crimes: obstructing; conspiracy; & insurrection," Kirschner wrote in the tweet, along with a link to his video. "Here's why those charges will stick. Because #JusticeMatters."

Newsweek previously reported that Trump could spend up to to 25 years behind bars after the House select committee in charge of investigating the Capitol riot chose to make criminal referrals to the Department of Justice (DOJ) earlier this month.

The select committee will likely mull a report on Monday that reflects potential criminal charges against Trump, Politico reported. Such charges include obstruction of an official proceeding, conspiracy to defraud the United States government and insurrection.

In his video, Kirschner alleges that Trump did, in fact, obstruct an official proceeding when he "clearly interfered with the certification of Joe Biden's election win on January 6."

The first potential charge carries a sentence of up to 20 years in prison, while the second carries a maximum term of up to five years behind bars.

"But insurrection is still the big one in my book. Why?" Kirschner asked. "Because the punishment for the crime of insurrection includes a maximum prison term of 10 years. But it also prohibits somebody who was convicted of insurrection from holding federal office in the future."

On January 6, 2021, Trump supporters stormed the U.S. Capitol building in an attempt to subvert the results of the 2020 presidential election. Trump had claimed, without any evidence, that he'd lost his reelection bid because of widespread voter fraud.

So far, Attorney General Merrick Garland has not charged Trump over the claims that the then-president played a role in that day's events. Yet, Trump is the subject of other criminal probes, including one into his alleged mishandling of classified documents he stored at Mar-a-Lago after leaving the White House early last year. He denies any wrongdoing.

However, the way Kirschner sees it, Trump incited the insurrection when he hosted a rally in Washington, D.C, the day of the riot. He also "riled up the crowd, got them good and angry, by lying to them about their vote being stolen and about the election being rigged," Kirschner said.

The then-president knew that such claims were lies, thereby proving his "criminal intent," Kirschner added.

Trump also allegedly "assisted the insurrectionists," Kirschner said. During the insurrection, Trump tweeted that then-Vice President Mike Pence didn't have the "courage" to do what it took to "protect our country and our Constitution."

"So, Donald Trump absolutely assisted the insurrection," Kirschner said. "And that's why Donald Trump will be indicted. He will be tried. He will be convicted. I happen to believe he will be imprisoned, because justice matters. It matters, and it's coming."

Newsweek reached out to Trump for comment.