Michael Sherwin, the former acting DC attorney, also said he believed the sedition could be an indictment made against some Capitol riot defendants.
“It is unequivocal that Trump was the magnet that brought people to DC on the 6th,” Sherwin said in response to a “60 Minutes” question about whether Trump is part of the investigation. “We have moms playing football in Ohio who were arrested saying, ‘Well, I did it because my president said I needed to return our home.’ This moves the needle in that direction. Perhaps the president is to blame for these actions. “
Sherwin noted that other protesters acknowledged that they went beyond the president’s speech.
Sherwin’s heartfelt comments come when he leaves his post at the Department of Justice leading the Washington, DC, prosecutor’s office and his extensive investigation of violence on Capitol Hill. He was appointed to the post during the Trump administration. Attorney General Merrick Garland and the successor to Sherwin, acting US Attorney for DC Channing Phillips, have not directly discussed whether Trump will be investigated.
When CBS ‘Scott Pelley asked Sherwin if investigators were investigating Trump’s role, Sherwin replied, “We have people looking at everything, right. Everything is being scrutinized.”
No public official has been charged with crimes related to the Capitol riot investigation, and prosecutors have so far focused on opening criminal cases against protesters who violated Capitol grounds and against members of extremist groups who allegedly coordinated before the attack. Several of the defendants pointed their fingers in court at the former president, saying they believed in his allegations of electoral fraud and responded to his call to come to Washington and march to the Capitol to oppose Congress’ certification of election results.
There is no indication that a formal criminal investigation has been opened against Trump.
The former president, through a spokesman, denied responsibility.
Sherwin did not respond when asked why the sedition has not yet been claimed in any of the more than 300 federal criminal cases.
“I personally believe that the evidence is tending to this and is likely to meet these elements,” said Sherwin. “I believe that the facts support these charges. And I think that, as we move forward, more facts will support this.”
Some of the riot defendants already face charges of conspiracy approved by a grand federal jury.
While charges of conspiracy in court would claim coordination between the defendants, sedition is a more specific criminal law – similar to treason or rebellion – that aims to respond to attempts to overthrow the United States government. It carries a maximum possible sentence longer than a conspiracy.
This story has been updated with additional details from the interview.