Rep. Liz Cheney questioned if US can be a 'nation of laws' if DOJ does not prosecute former President Donald Trump if there's evidence

© Drew Angerer/Getty Images Rep. Liz Cheney (R-WY). Drew Angerer/Getty Images

• Rep. Liz Cheney said on CNN that there are "facts and evidence" to prosecute Donald Trump.
• If the DOJ doesn't prosecute, Cheney said there could be doubts that the US is a "nation of laws."
• Cheney, a Republican, co-chairs the House committee investigating the Capitol attack.

GOP Rep. Liz Cheney questioned recently if the US could consider itself a "nation of laws" if the Justice Department decides not to prosecute former President Donald Trump for his role in the January 6, 2021, Capitol riot, "if the facts and evidence are there."

"Understanding what it means if the facts and the evidence are there, and they decide not to prosecute — how do we then call ourselves a nation of laws?" Cheney asked during an interview with CNN on Thursday. "I think that's a very serious, serious balancing."

The decision to bring formal charges against Trump is in the hands of Attorney General Merrick Garland and his Justice Department.

Video: Rep. Liz Cheney claims Trump made purposeful choice to violate oath of office (MSNBC)

Rep. Liz Cheney claims Trump made purposeful choice to violate oath of office

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Cheney is the vice chair of the House select committee investigating the Capitol attack and one of two Republicans serving on the committee.

She has been one of the few in her party to criticize Trump following the violence at the Capitol and was one of 10 GOP members to vote to impeach the former president after the Capitol insurrection (the second time the House voted to impeach Trump). The former president was ultimately acquitted in the US Senate.