own late last year. so where is this all heading? let's ask trial attorney and msnbc legal contributor katie fang. jill wine banks is also with us. >> guardian reports the select committee is also looking at whether trump oversaw an unlawful conspiracy that involved coordination between the political elements of the white house, a plan to republican lawmakers. and extremist groups that stormed the capitol. what legal liability does that potentially pose for the former president? >> well, it smell spells it out pretty clearly there. the idea he could have been a coconspirator is what the 1/6 committee is trying to figure, but it's a fact finding truth seeking body. its role is not to prosecute, but let's be frank. there have been two criminal referrals but not for the actual underlying conspiracy that took place leading up to the fateful day of january 6th. it's the noncompliance of the part of people like steve bannon and mark meadows.