WASHINGTON (AP) – The top federal prosecutor for the District of Columbia said Thursday that “all options are on the table” for accusing members of a violent pro-Trump mob that stormed the U.S. Chapter – including sedition charges.
Michael Sherwin, a U.S. attorney general for DC, said prosecutors plan to file 15 federal criminal cases on Thursday, including unauthorized access and theft of property, and investigators are examining evidence to bring in additional charges.
“All the charges are on the table,” he said. “We will not keep anything outside our arsenal for possible taxes. We will bring as many taxes as possible based on behavior. “
Sherwin said another 40 cases have already been filed in the District of Columbia District Court.
More than 90 people have been arrested in Washington and several arrests are possible. US lawyers across the country have vowed to find and bring to justice any residents who participated in the insurgency in order to counter the peaceful transfer of power. But it could take weeks to build files against the uprising.
Experts say some may face the rarely used accusation of seditious conspiracy. It is the same accusation, former Justice Department Attorney General William Barr told prosecutors to consider imposition against those who provoked violence at the protests. last summer for killing black Americans by police.
Other possible charges for the pro-Trump mob include civil unrest, destruction of property and riots, experts say.
“You can literally throw the book at them and it would be a pretty heavy book,” said Laurie Levenson, a former federal prosecutor and teacher at Loyola Law School. Levenson said it was important for prosecutors to send a message with their allegations.
“This cannot happen again,” she said. “This has been a very frightening time for America and it cannot set a precedent that the way you face the political opposition is through violence and destruction.”
Justice Department aggressively pursues protesters who provoked violence during protests over police brutality, accusing more than 300 crimes, including civil disorder and burglary. In many cases, prosecutors have pushed to keep them in custody pending trial, despite the virus crisis that has ravaged US prisons and prisons.
Then-Deputy Attorney General Jeffrey Rosen, who took over the DOJ when Barr resigned last month, told prosecutors in a note in September that he should consider using allegations of conspiracy against violent protesters. saying he does not need proof of a plot to overthrow the US government. No one accused of the civil unrest caused by George Floyd’s death has actually been charged with sedition.
The charge, which carries up to 20 years in prison, could apply to those who “forcibly prevent, impede or delay the execution” of any U.S. law or “forcibly seize, seize or possess any U.S. property contrary to its authority.” , wrote Rosen.
He cited as a hypothetical example: “a group conspired to seize a federal court or other federal property.”
“I think there are some pretty strong cases, or at least some potential cases, under that statute,” Levenson said of the Capitol on Wednesday.
Crowds smashed windows and smashed doors, sending lawmakers to hide as Electoral College votes began on Democrat Joe Biden winning. Some outraged people, many of whom were not wearing masks, were caught in videos and photos posted on all social networks.
“It’s always useful for prosecutors if people pose for photos in the middle of crime,” said Stanford Law School professor David Sklansky, a former California federal prosecutor.
The violence came hours after Trump called on his supporters to “fight” to stop “stealing” the election and go to the Capitol, while Trump’s personal lawyer, Rudy Giuliani, called for a “fight trial.” .
Trump’s speech at the rally before the chaos broke out will probably not be considered illegal incitement to violence because he did not specifically call for people to storm the chapter, Sklansky said.
He noted that the freedoms of the First Amendment mean that speech must be calculated to produce imminent violence in order to be considered criminal. Similarly, Giuliani’s comments were probably not specific enough to be considered criminal.
On Thursday, White House Press Secretary Kayleigh McEnany said the Trump administration considered the siege “reprehensible.” She said that “those who broke the law should be prosecuted to the fullest extent of the law.”
Four people died in Wednesday’s chaos, including a woman who was shot and killed by police inside the Chapter. Three other people died after “medical emergencies” related to the violation. More than 50 Capitol and DC police officers were injured, including several who were hospitalized, officials said.
The FBI sought advice, photos and videos to help identify those who participated in the violence. U.S. attorneys in several states, including Kentucky, Ohio and Oregon, said people could be charged in their home states if they traveled to Washington and participated in the riot.
U.S. Attorney for Detroit and surrounding communities, Matthew Schneider, said investigators will review the video and other evidence. Serious charges – including the destruction of more than $ 1,000 property, inciting a riot, civil unrest, sedition, the use of a destructive device such as a pipe bomb – could take place in Michigan, he said, if there are connections with the state.
But it will take time to go through the tests, he said.
“I am personally disgusted and terrified by this. It’s just nausea to me. He is sick of what people have done inside the Chapter, “Schneider said. But he added: “There is a big difference here between peaceful protests and acts of violence. Just because people have traveled to Washington, DC, doesn’t necessarily turn them into criminals. “
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Richest reported from Boston and Whitehurst reported from Salt Lake City. Associated Press reporter David Eggert contributed to the report in Lansing, Michigan.