Michael Sherwin, the federal prosecutor who led the criminal investigation into the Capitol riot, said the evidence in the probe is “trending” toward charges for sedition.
Former Acting US Attorney in Washington Told CBS News ’60 Minutes’ that so far none of the more than 400 defendants has been charged with sedition, which is a conspiracy to overthrow the government.
During the interview that aired Wednesday, “60 Minutes” correspondent Scott Pelley questioned Sherwin about the image of the sedition and said it “seems like a very low bar.”
“I don’t think it’s a low bar, Scott, but I’ll tell you this: I personally believe the evidence tends to be there and probably meets those elements,” Sherwin said.
When Pelley asked if he anticipates incitement charges against some of the defendants, Sherwin replied, “I believe the facts support those charges.”
“And I think as we go on, more facts will support that,” he continued.
Sedition accuses those who conspire to “forcibly fight the authority” of the government or use force “to prevent, hinder, or delay the implementation of any law of the United States.”
According to The New York Times, the Justice Department has not brought any prosecution since 2010, when prosecutors alleged members of a Michigan militia were trying to plan an armed conflict with the government. Prosecutors were ultimately unsuccessful with the indictment in that case, with the judge ruling that they did not properly display a “concrete argument” of incitement.
Sherwin had led the Capitol riot investigation until Friday after Channing Philips became the acting US attorney in DC earlier this month.
Of the more than 400 defendants so far, hundreds are said to have committed trespasses and more than 100 are reported to have been battered officers. Two men were arrested in connection with the death of Capitol Police Officer Brian Sicknick, who died of injuries sustained during the raid.
Several defendants have been charged with conspiring to disrupt Congressional certification of the electoral college on Jan. 6.
Former President Trump
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