OnPolitics: Will the DOJ charge Trump for the Jan. 6 insurrection?

Happy Monday, OnPolitics readers.

Good news out of the White House today: President Joe Biden's COVID-19 symptoms are "almost completely resolved," according to a statement released by the White House physician.

Biden, who tested positive for the virus last Thursday, is experiencing some residual nasal congestion and slight hoarseness, Kevin O'Connor, physician to the president, said.

"The president continues to tolerate treatment well," O'Connor said. "He will continue Paxlovid as planned. He is experiencing no shortness of breath at all." Biden completed his fourth full day of Paxlovid, an anti-viral treatment, on Sunday.

O'Connor added that Biden's pulse, blood pressure, respiratory rate and temperature remain "absolutely normal."

The president is continuing to work in isolation at the White House.

On Monday, Biden virtually addressed the National Organization of Black Law Enforcement Executives and later met with business executives and labor leaders to push for the Senate's approval of the Chips Act, a bill to boost the semiconductor industry.

It's Amy and Chelsey with today's top stories out of Washington.

Will Trump face charges over the Jan. 6 attack on the Capitol?

The Jan. 6 committee investigating the attack on the U.S. Capitol has meticulously outlined former President Donald Trump's involvement in events leading up to and on the day of the insurrection. But are the revelations enough for the Department of Justice to bring criminal charges against Trump and his top aides?

Though lawmakers are calling for charges against the former president and at least one federal judge said Trump and members of his team "more than likely broke the law," legal experts say there is little evidence of an aggressive federal investigation against him.

There are also hurdles to pressing charges. For instance, Barbara McQuade, a former U.S. attorney and law professor at the University of Michigan, said the committee heard "overwhelming evidence" showing Trump was repeatedly told he lost the election and that he nonetheless pressured Vice President Mike Pence and state officials to overturn the results. Trump also knew the mob was armed when he urged supporters to go to the Capitol, according to committee testimony.

But the evidence is almost all one-sided, McQuade argued. Prosecutors would also have to anticipate how the Trump team would defend itself against the allegations.

“Here, there are significant drawbacks to criminal charges, such as creating the appearance of a political motivation by DOJ, which could lead to civil unrest or even civil war," McQuade said.

Legal experts say a charge of inciting a riot or inciting an insurrection would be one of the best avenues for prosecution because the facts are not in dispute. Trump urged attendees at his "Stop the Steal" rally on the morning of the insurrection to fight for him by marching on the Capitol. to storm the Capitol.He did not tell them to storm the Capitol.

But whether his fiery speech is protected under the First Amendment is in dispute, say legal experts.

“I think the Justice Department would be somewhere in the ballpark of being able to charge the former president based on what is known publicly,” said Mariotti Renato Mariotti, a former federal prosecutor now at Thompson Coburn LLP.

Trump, DeSantis showdown over Florida: Possible frontrunners in the 2024 GOP presidential primary, Trump and Florida Gov. Ron DeSantis both courted potential Florida voters as each spoke at different events Saturday night.

Real quick: stories you'll want to read

• Could the midterms lead to an expanded Supreme Court? Progressive Democrats are hoping to capitalize on the blockbuster decision to overturn Roe v. Wade to make expanding the Supreme Court a midterm election issue – at least in Democratic primaries – despite fierce political headwinds.

• Opioid crisis still rages in West Virginia: A federal judge ruled that three major pharmaceutical companies were not liable for effects of the opioid epidemic, leaving one county at the center of the crisis in the dark without the critical resources it needs to save lives.

• 'Jan. 6 ain't over': Capitol Police on hearings Law enforcement officials faced brutal attacks on the front lines defending the Capitol on Jan. 6, 2021. More than a year later, four of them are on the front lines again — this time, playing a central role in the House Jan. 6 committee hearings.

• Ginni Thomas may be subpoenaed: Rep. Liz Cheney, vice chair of the Jan. 6 committee, said the panel could subpoena Virginia "Ginni" Thomas, wife of Supreme Court Justice Clarence Thomas, for testimony.

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What has happened since Russia invaded Ukraine five months ago

What Russian President Vladimir Putin once thought of as a quick victory has transformed into a monthslong war as Ukrainian forces fend off heavy Russian artillery attacks in eastern and southern Ukraine. Sunday marked five months since Russia’s invasion of Ukraine began.

Western nations have condemned Putin’s invasion of its smaller neighbor, accusing Russia of war crimes and imposing several rounds of sanctions. Ukrainian forces are engaged in intense fighting in the Luhansk and Donetsk territories as Russia aims to gain control of the Donbas region.

Kherson, Mariupol among Ukrainian territories under Russian control: After efforts to take Ukraine’s capital Kyiv stalled, the Kremlin shifted its focus on the resource-rich industrial Donbas region, made up of the Luhansk and Donetsk territories.

Russian forces have made gains in southern and eastern Ukraine, including Luhansk, after Ukrainian troops retreated from the city of Sievierodonetsk.

U.S. gives more than $7 billion in aid to Ukraine: The United States has authorized more than $7 billion in military, humanitarian and security assistance to Ukraine since Russia's invasion, in addition to aid the European Union and other NATO allies have sent.

Ukraine, Russia sign deal to export grain: Ukraine, one of the world's largest exporters of wheat, and Russia signed separate agreements with Turkey and the United Nations to allow the export of Ukrainian grain, as well as Russian grain and fertilizer, stuck in Black Sea ports since the beginning of the war. Shipments of grain and other agricultural products have been halted since Russia’s invasion.

Don't give up on your dream home just yet 🏠: As the housing market cools, some buyers are getting a second chance to grab their first choice. -- Amy and Chelsey

This article originally appeared on USA TODAY: Jan. 6 Capitol riot: DOJ must weigh whether to charge Trump