What happens if justice department investigates Michael Cohen?

Two ranking Republican members of Congress have formally asked the U.S. Department of Justice to investigate whether Michael Cohen committed perjury when he testified publicly before the house oversight committee.It’s up to the DOJ to decide whether to investigate. It will examine referral and either proceed or pass.

Disgraced and now disbarred, former Trump attorney Michael Cohen testified in front of lawmakers Wednesday.

But it was lying in writing and during previous testimony that will send him to prison in May.

Two Republican members of the House of Representatives want Cohen investigated for more lies, including when Cohen claimed he did not seek a job in the White House and that he did not have “reportable” contacts with foreign entities.

If federal agents investigate and find that Cohen lied, the FBI would take its case to a United States attorney, who would file a complaint, or present the case to a grand jury for a potential indictment.

Former Congressman Trey Radel, who has a radio show on WINK News’ sister station 92.5, shared his understanding of potential actions that can be taken.

“Any member of Congress within that committee can notify the chair in writing that they believe this is what happened, and that they would like to refer it to the DOJ,” Radel said. “The chair then has the responsibility to move forward with that.”

Historically very few people have been charged with lying to Congress. Most notably, former President Richard Nixon’s chief of staff, H.R. Haldeman was charged during the Watergate scandal, and Roger Clemens, retired Major League Baseball pitcher, was charged during the league’s steroid era.

Haldeman spent time in prison, and Clemens’ case ended in mistrial.

Cohen is expected to spend three years in prison for his guilty plea for lying to Congress in 2018.

RELATED:

United States of America v. Michael Cohen

Plea deal offered to Michael Cohen by U.S. Department of Justice