Grimm could be charged on the D.C. statute of “threatening to do bodily harm,” Fox News notes.
The U.S. Attorney’s Office for the District of Columbia is discussing the possibility with law enforcement, it says.
The office did not confirm the conversations to Fox News and had no comment on Thursday morning.
“We typically don’t confirm or deny investigations and we have no comment on this particular matter,” spokesman Bill Miller reiterated in an email Thursday to The Hill.
Grimm refused to respond, walked away, and then returned to confront Scotto.
With the camera still filming, Grimm threatened to throw Scotto off of the balcony they were standing on and to break him in half.
In a statement that night, Grimm said he was “annoyed” with Scotto and had done him a favor by doing the interview.
On Wednesday, Grimm said he apologized to Scotto and explained he had lost his cool. Scotto said he accepted Grimm’s apology.
Earlier that morning, Scotto said on national television news shows that he wouldn’t pursue the case any further.
Fox News’s congressional source, however, says it doesn’t matter whether or not Scotto intends to press charges for them to be brought against Grimm.
The United States Capitol Police has not responded to requests for comment on the matter.
The House Ethics Committee, the Fox report said, could also take action against Grimm if another lawmaker brought up an ethics charge. The panel is already investigating Grimm for his 2010 campaign finance practices.
Meanwhile, Democrats have taken advantage of Grimm’s behavior. On Thursday, the Democratic Congressional Campaign Committee circulated the Fox News report via email.