A criminal “referral” from a congressional committee is not binding on the Department of Justice and carries no more legal weight than a “referral” from any American citizen. In fact, a “referral” from the January 6th committee should carry a great deal less weight due to the absurdly partisan nature of the process that produced it.
Let’s consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play. Scenario: Drug Trafficking Conspiracy Trial Defendants: Alice and Bob are on trial for allegedly conspiring to distribute illegal drugs. Prosecution’s Strategy: The prosecution wants to prove that Alice and Bob were working together