Federal prosecutors in South Carolina are likely to use the US government’s Anti-Riot Act to bring charges against the South Carolinians who traveled to Washington, DC, this week to join a crowd that broke into the Capitol building.
South Carolina Attorney Peter McCoy promised Wednesday night to sue anyone in South Carolina who participated in the chaos that briefly interrupted the presidential election certification and left four people dead.
But his office has limited jurisdiction over crimes committed in the country’s capital.
Federal riot law is a key tool at McCoy’s disposal in this case, current and former federal prosecutors told the Post and Courier on Thursday.
This law, enacted in 1968 in response to national protests against the Vietnam War and civil rights, makes it a federal crime to travel across state borders – including via the Internet or by post – with plans to incite a riot or participate in one. The text of the law closely reflects the kind of irregularity that McCoy promised to target on his Wednesday night tweet. Charges under the Anti-Riot Act can take up to five years in prison.
The country’s civil disorder law, also applied against protesters in riots last year, considers federal crime to “obstruct, prevent or interfere” with firefighters or police officers in the performance of their duties.
McCoy and other U.S. prosecutors will be under pressure to crack down on the crowd of supporters of President Donald Trump who violently seized the Capitol building on Wednesday. He could not be reached for comment on Thursday on his plans to prosecute the violators.
Let me be clear: federal crimes were violated today in our nation’s Capitol building. Anyone who has traveled from the District of South Carolina with the intention of helping with this scam or committing acts of destruction will be prosecuted for @USAO_SC.
– US Attorney Peter McCoy (@USAttyMcCoy) January 7, 2021
Last year, at the behest of Trump and then United States Attorney General William Barr, federal prosecutors across the country took a hard line on the disturbances that arose from the protests over the death of George Floyd, a black man killed by the Minneapolis police in May.
McCoy’s office accused six people in connection with riots in Charleston and Columbia for crimes ranging from violating the Riot Act to arson and violations of firearms.
Former US Attorney Pete Strom said he expects federal officials to approach Wednesday’s riot with similar enthusiasm.
“These congressmen saw their lives pass before them,” said Strom. “It could have been much worse if those people were armed. I think you will see a significant federal interest in finding out who is doing all this. ”
To prosecute someone under the Anti-Riot Act, investigators must first identify the people who participated in the crowd. They will then examine participants’ previous communications to determine whether they planned the protest to become violent, said a source close to the FBI investigation.
Investigators are likely to scour suspicious social media posts, private messages and email accounts, said Strom, who served in President Bill Clinton’s administration. Promoters are likely to throw the book at anyone determined to be an organizer.
Finding the perpetrators of the crimes should be relatively easy, the former prosecutors agreed.
Many did not wear masks, despite shouting in close groups for hours during a global pandemic.
They broke into a building with a robust surveillance system. They posed for photos while searching through Congressional offices and the United States Senate House, and posted these photos on social media as if there were no consequences.
“This is how the mafia mentality works,” said ex-US attorney Bill Nettles. “They think what they are doing is OK.”
Several South Carolinaers took part in Wednesday’s rally to protest the results of the presidential election and state, without evidence, that former Democratic vice president Joe Biden is not the legitimate winner. It is not clear how many of them became violent towards the police in the Capitol building.
Thursday morning, the FBI tweeted that it is seeking to identify the people who instigated the violence. “We are accepting tips and digital media portraying riots or violence in and around the United States Capitol on January 6,” the agency reported. tweeted. “If you have information, visit fbi.gov/USCapitol.”
The post’s responses quickly filled with commentators trying to identify the troublemakers.
Nettles applauded McCoy, nominated by Trump, for promising to pursue charges.
“At the very least, everyone can agree that the president did nothing to prevent this from happening,” said Nettles, a Democrat. “I applaud Peter for speaking a bold position on this issue.”
Reach Avery Wilks at 803-374-3115. Follow him on Twitter at @AveryGWilks.