The House select committee investigating the Capitol riot plans to make criminal referrals to the Justice Department (Picture: AP)

The January 6 panel investigating the Capitol riot will make criminal referrals to the Justice Department ahead of its final report.

Democratic Rep Bennie Thompson, the chairman of the House select committee probing the insurrection, told reporters on Tuesday that the panel would put out citations.

‘What we’ve decided is that we will probably make referrals,’ Thompson said on Capitol Hill.

The panel has not yet decided whether the referrals will involve former President Donald Trump or his top allies.

The January 6 committee is expected to release its final report in December (Picture: AP)

‘There’s a general agreement we will do some referrals, but we’ve got to get there,’ Thompson said. ‘We’re not there yet.’

The committee is expected to release its final report later this month.

A spokesperson for the panel after Thompson’s initial remarks clarified: ‘The committee has determined that referrals to outside entities should be considered as a final part of its work. The committee will make decisions about specifics in the days ahead.’

Congress does not have authority to charge or prosecute individuals, meaning a criminal referral would be symbolic.

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The panel is expected to release its final report on the Capitol riot later this month.