The facts in the Capitol riot investigation ‘do support’ sedition charges, prosecutor says

capitol riot military
In this Jan. 6, 2021 file photo rioters supporting President Donald Trump storm the Capitol in Washington.

  • More than 400 people are facing criminal charges in the attack on the US Capitol on January 6.
  • The evidence also supports sedition charges, the prosecutor leading the investigation said.
  • Sedition is defined as conspiring to overthrow the US government or to “prevent, hinder, or delay” the execution of US laws.
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The investigation into the January 6 attack on the US Capitol will most likely result in sedition charges against some of the suspects, the federal prosecutor who was leading the investigation said in an interview Sunday.

“I believe the facts do support those charges. And I think that, as we go forward, more facts will support that,” Michael Sherwin said during an interview with “60 Minutes”.

Under US law, sedition is a crime and is defined as conspiring to overthrow the US government or to “prevent, hinder, or delay the execution of any law of the United States” by force. Historically, sedition charges are rare.

In the interview, Sherwin also said the investigation is still looking into whether President Donald Trump is criminally responsible for the riot.

“It’s unequivocal that Trump was the magnet that brought the people to DC on the 6th. Now the question is, is he criminally culpable for everything that happened during the siege, during the breach?” Sherwin said.

The investigation has resulted in more than 400 criminal cases so far, many of which involve significant federal felony charges. More than 100 people have been charged with assaulting federal and local law enforcement officers.

Sherwin said about 10% of the cases are “more complex conspiracy cases” where prosecutors have evidence that right-wing militia groups came to the Capitol with a plan. Investigators are working to uncover more details about what specifically those plans were.

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