Rep. Liz Cheney said Sunday that the House Jan. 6 select committee has enough evidence to refer former President Donald Trump for criminal charges.

But the panel hasn’t made a decision on how to proceed on a referral, Cheney (R-Wyo.) said on CNN’s “State of the Union.” Her acknowledgment follows a Sunday report in the New York Times that said the committee is divided on whether to move forward with the largely symbolic act, as some members of the panel worry it would unnecessarily politicize the Justice Department’s investigation into Jan. 6 just as it seems to be heating up.

As for evidence against Trump, Cheney pointed to U.S. District Court Judge David Carter’s ruling last month that Trump “more likely than not” attempted to illegally obstruct Congress in efforts to overturn the 2020 election. She also referred to a plea agreement for one of the Proud Boys leaders, which “lays out in really chilling detail the extent to which violence was planned.” And it’s important to remember, Cheney said, that Trump tweeted out “Be there. Be wild” on Dec. 19, 2020, summoning supporters to Washington on Jan. 6.

“It’s absolutely clear that what President Trump was doing, what a number of people around him were doing, that they knew it was unlawful,” Cheney said.