WASHINGTON — The federal prosecutor who had been overseeing the Justice Department’s investigation into the Jan. 6 attack on the Capitol says evidence likely supports sedition charges against some of the rioters.
“I personally believe the evidence is trending towards that and probably meets those elements,” Michael Sherwin, the former acting U.S. Attorney for the District of Columbia, said in an interview with CBS News’ Scott Pelley that aired Sunday on “60 Minutes.”
Asked if he expects sedition charges to be brought against some of the suspects, Sherwin said, “I believe the facts do support those charges, and I think that as we go forward, more facts will support that, Scott. This is going to be a long-term investigation.”
Sherwin made similar comments in late January, when he told reporters, "We are closely looking at evidence related to the sedition charges."
Sedition charges, involving conspiring to overthrow the government or hindering the execution of federal law, are rare, with one of the last cases in 2010, when federal prosecutors charged members of a Michigan militia with plotting to provoke an armed conflict with the government.
Sherwin joined law enforcement officers at President Donald Trump’s rally on Jan. 6 in downtown Washington and observed his supporters, many wearing tactical gear, leaving early and heading to the Capitol. He said he knew the situation was spiraling out of control when he saw people starting to climb the scaffolding outside the Capitol.
Sherwin, who will soon be returning to the U.S. attorney's office in Miami, said 400 people have now been charged in the riot, the bulk of the cases involving federal criminal charges with penalties ranging from 5 to 20 years. The Justice Department is trying to determine now whether there was a premeditated plan to breach the Capitol, he said.
Sherwin also said it’s “unequivocal that Trump was the magnet that brought the people to D.C.” on Jan. 6., “everything is being looked at” when asked whether investigators are examining the former president’s role in the events that led to the attack.
“Now the question is, is he criminally culpable for everything that happened during the siege during the breach?” said Sherwin, noting that many people said they came to D.C. because Trump told them to take back the House. That fact “moves the needle towards that direction," he said. "Maybe, the president is culpable for those actions.”
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March 22, 2021 at 07:06PM
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Evidence in Capitol riot 'trending towards' sedition charges, prosecutor says - NBC News
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