WASHINGTON (AP) – The District of Columbia’s top federal prosecutor said Thursday that “all options are on the table” for indicting members of the violent pro-Trump gang that stormed the Capitol – including charges for sedition.
Michael Sherwin, acting U.S. attorney for DC, said prosecutors plan to file 15 federal cases on Thursday for crimes, including unauthorized access and property theft, and that investigators are sifting through piles of evidence to file additional charges.
“All those charges are on the table,” he said. “We’re not going to keep anything from our arsenal for possible charges. We will charge the highest possible fee based on the behavior. “
Sherwin said 40 other cases had already been filed in the District of Columbia Superior Court.
More than 90 people have been arrested in Washington and more arrests are likely to take place. US lawyers across the country have vowed to find and bring to justice all residents who participated in the uprising with the aim of thwarting the peaceful transfer of power. But it can take weeks to build up cases against the rioters.
Experts say some are denouncing the rarely used incendiary conspiracy. It’s the same charge that former Attorney General William Barr’s Department of Justice instructed prosecutors to consider considering those who caused violence in protests. last summer about the murder of black Americans by the police.
Other possible charges to the pro-Trump crowd include civil disorder, property destruction and riots, experts say.
“You could literally throw the book at them and it would be quite a heavy book,” said Laurie Levenson, a former federal prosecutor and professor at Loyola Law School. Levenson said it is important that prosecutors send a message with their charges.
“This can’t happen again,” she said. “This was a very frightening moment for America and it cannot set a precedent that the way you deal with political opposition is through violence and destruction.”
The Justice Department has aggressively pursued protesters who caused violence during protests over police brutality, more than 300 allegations of crime, including civil disorder and burglary. In many cases, prosecutors have urged to keep them locked up while awaiting trial, despite the virus crisis that has ravaged prisons and prisons in the US.
Then-Deputy Attorney General Jeffrey Rosen, who stepped into the top of the DOJ when Barr resigned last month, told prosecutors in a September memo that they should consider using inflammatory conspiracy charges against violent protesters, saying that there is no evidence of a plan to overthrow the US government. No one charged with the civil unrest sparked by George Floyd’s death has actually been charged with sedition.
The charge, which can be up to 20 years in prison, could apply to those who “forcibly prevent, obstruct, or delay the implementation of a US law” or “violently contrary to its authority,” Rosen wrote.
As a hypothetical example, he cited, “a group has conspired to forcibly seize a federal courthouse or other federal property.”
“I think there are some pretty strong cases, or at least some potential cases, under that statute,” Levenson said of those who were at the Capitol on Wednesday.
The crowd smashed windows and broke doors, hiding lawmakers as they began voting from the Electoral College confirming Democrat Joe Biden’s victory. Some rioters, many of whom did not wear masks, were captured in videos and photos posted all over social media.
“It’s always helpful to prosecutors when people pose for photos while committing crimes,” said Professor David Sklansky, a professor at Stanford Law School, a former federal prosecutor in California.
The violence occurred hours after Trump called on his supporters to “fight” to stop “stealing” the election and march to the Capitol, while Trump’s personal attorney, Rudy Giuliani, called for “trial by combat.”
Trump’s speech at the pre-chaos rally would likely not be considered an illegal incitement to violence, because he did not specifically call on people to storm the Capitol, Sklansky said.
The First Amendment freedoms mean that speech must be computed to produce imminent violence in order to be considered criminal, he said. Likewise, Giuliani’s comments were also likely not specific enough to be considered potentially criminal.
On Thursday, White House press secretary Kayleigh McEnany said the Trump administration found the siege “reprehensible”. She said that “those who break 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 by police in the Capitol. Three other people died after “medical emergencies” related to the breach. More than 50 Capitol and DC police were injured, including several who were hospitalized, officials said.
The FBI has asked for tips, photos, and videos to identify those who participated in the violence. US attorneys in several states, including Kentucky, Ohio, and Oregon, said people could be charged in their own state if they traveled to Washington and took part in the riot.
US attorney for Detroit and surrounding communities, Matthew Schneider, said investigators will review video footage and other evidence. Serious charges – including destruction of properties over $ 1,000, incitement to riot, civil disorder, sedition, use of a destructive device like a pipe bomb – could potentially take place in Michigan, he said, if there are ties to the state.
But it will take time to go through the evidence, he said.
“I am personally disgusted and shocked by this. It’s just nauseating to me. It’s sick what people in the Capitol have been doing, ”said Schneider. But he added, “There is a big difference here between peaceful protests and acts of violence. Just because people have traveled to Washington, DC, they aren’t necessarily criminals. “
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Richer reported from Boston and Whitehurst reported from Salt Lake City. David Eggert, Associated Press reporter, contributed to this report from Lansing, Michigan.