Sedition is among the charging options being considered by authorities for the rioters involved.
Also, states could prosecute residents over D.C. insurrection
WASHINGTON — The top federal prosecutor for the District of Columbia said Thursday that “all options are on the table” for charging members of the violent pro-trump mob that stormed the U.S. Capitol — including sedition charges.
Michael Sherwin, acting U.S. attorney for D.C., said prosecutors plan to file 15 federal cases on Thursday for crimes including unauthorized access and theft of property, and investigators are combing through reams of evidence to bring additional charges.
“All of those charges are on the table,” he said. “We’re not going to keep anything out of our arsenal for potential charges. We will bring the most maximum charges we can based upon the conduct.”
Sherwin said 40 other cases had already been filed in District of Columbia Superior Court.
More than 90 people have been arrested in Washington, and more arrests are likely. U.S. attorneys from across the country have vowed to find and bring to justice any residents who participated in the insurrection aimed at thwarting the peaceful transfer of power. But it could take weeks to build cases against the rioters.
Experts say some could face the rarely used seditious conspiracy charge. It’s the same charge former Attorney General William Barr’s Justice Department told prosecutors to consider levying against those who caused violence at protests last summer over the killings of Black Americans by police.
Other possible charges for the proTrump mob include civil disorder, destruction of property and rioting, 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
professor at Loyola Law School. Levenson said it’s important for prosecutors to send a message with their charges.
“This cannot happen again,” she said. “This was a very scary moment for America and it cannot set a precedent that the way you deal with political opposition is through violence and destruction.”
The mob smashed windows and broke doors, sending lawmakers into hiding as they began Electoral College votes affirming Democrat Joe Biden’s victory. Some rioters, many of whom weren’t wearing masks, were captured in videos and photos posted all over social media.
“It’s always helpful to prosecutors if people pose for pictures in the midst of committing crimes,” said Stanford Law School professor David Sklansky, a former federal prosecutor in California.
The violence happened hours after Trump called on his supporters to “fight” to stop the “steal” of the election and march on the Capitol, while Trump’s personal lawyer, Rudy Giuliani, called for “trial by
combat.”
Trump’s speech at the rally before the chaos broke out likely would not be considered illegally inciting violence because he didn’t specifically call for people to storm the Capitol, Sklansky said.
First Amendment freedoms mean speech has to be calculated to produce imminent violence to be considered criminal, he said. Similarly, comments by Giuliani were likely also not specific enough to be considered possibly criminal.
Five people died in Wednesday’s chaos, including a woman who was shot and killed by police inside the Capitol. Three other people died after “medical emergencies” related to the breach. More than 50 Capitol and D.C. police were injured, including several who were hospitalized, officials said.
The FBI has asked for tips, 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 face charges in their home states if they took part in the riot.