The Oklahoman

Who's been charged in deadly Capitol siege?

- By Alanna Durkin Richer

Prosecutor­s have brought dozens of cases after the deadly attack at the U.S. Capitol, and more charges are expected in the coming days as investigat­ors identify more members of the pro-Trump mob.

Investigat­ors are collecting tips from the public, interviewi­ng witnesses and going through photos, videos and social media accounts to collect evidence against the attackers who overran the Capitol to stop the certificat­ion of Democrat Joe Biden as the next president. And those who've been charged so far could lead investigat­ors to others who joined in the violent siege on Capitol Hill.

Some questions and answers about the investigat­ion into the Capitol breach:

How many people have been charged?

The U.S. attorney for the District of Columbia has brought federal charges against about 20 people so far, while 40 others have been charged in D.C.'s Superior Court. The people charged in Superior Court are mainly accused of things like curfew violations and gun crimes. Those being tried in federal court, where prosecutor­s can generally secure longer sentences, are charged with offenses such as violent entry and disorderly conduct on Capitol grounds, assaulting a federal law enforcemen­t officer and threatenin­g House Speaker Nancy Pelosi.

On Tuesday, federal agents arrested the son of a New York City judge, who was seen inside the Capitol wearing a fur costume and a police vest authoritie­s say he stole during the mayhem. Images posted on social media showed agents appearing to remove part of Aaron Mostofsky's fur getup from the Brooklyn home where he was arrested. He faces charges including theft of government property.

Federal authoritie­s on Sunday arrested two men who were photograph­ed with plastic restraints inside the Capitol. Investigat­ors said they used social media and livestream videos to identify Eric Munchel of Tennessee as the masked person seen in photos carrying plastic hand restraints in the Senate chamber.

Retired Lt. Col. Larry Rendall Brock Jr. of Texas was photograph­ed on the Senate floor carrying zip-tie handcuffs and wearing a military-style helmet and vest, authoritie­s said. Brock's ex-wife helped authoritie­s identify him, according to court documents. He confirmed to The New Yorker that he was the man in the photograph­s and claimed he found the zip-tie handcuffs on the floor. “I wish I had not picked those up,” he said.

Why haven't more people been charged?

Authoritie­s are working to identify more suspects, and more charges are expected.

Many people were allowed to leave the Capitol freely on the day of the attack, so investigat­ors have to sort through a sea of photos, video, social media posts and tips from the public to see who was there and track them down.

Federal prosecutor­s across the U.S. have also said people could face charges in their home states if they traveled to Washington and took part in the assault.

Massachuse­tts' top federal prosecutor­s said Monday that his office has received “lots of tips” and has investigat­ions underway. But for prosecutor­s outside Washington to bring a case, they would need evidence that someone traveled there with plans to participat­e in the destructio­n and violence, said U.S. Attorney Andrew Lelling.

“Much of what happened in the District looked like —at least for most of the participan­ts — it was pretty spontaneou­s ,” L el ling said in an interview. “So in many respects, we may be looking for something that just doesn't exist. But we will look.”

Could they face more serious charges?

Prosecutor­s can tack on more serious charges as they gather more evidence. Michael Sherwin, acting U.S. attorney for the District of Columbia, has said authoritie­s are not keeping anything out of their “arsenal for potential charges.”

The FBI has also opened a murder probe into the death of Capitol police officer Brian D. Sicknick, who was hit in the head with a fire extinguish­er, according to law enforcemen­t officials who spoke on the condition of anonymity because they were not authorized to discuss the investigat­ion publicly.

Experts say federal prosecutor­s could bring rarely used seditious conspiracy charges, which call for up to 20 years in prison, against some of the attackers.

After protests across t he U.S. over police brutality in the summer, then-Deputy Attorney General Jeffrey Rosen told prosecutor­s in September that they should consider using t he sedition charge against violent demonstrat­ors. Rosen, who took over the top Justice Department job when Attorney General William Barr stepped down last month, said the charge does not require proof of a plot to overthrow the U.S. government and gave the hypothetic­al example of a group that “has conspired to take a federal courthouse or other federal property by force.”

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