WASHINGTON (AP) – The top federal prosecutor for the District of Columbia said on Thursday that “all options are on the table” to accuse members of the violent pro-Trump crowd that invaded the United States Capitol – including charges of sedition.
Michael Sherwin, a US attorney in charge in DC, said prosecutors plan to open 15 federal cases on Thursday for crimes, including unauthorized access and theft of property, and investigators are combing reams of evidence to make additional charges.
“All of these charges are on the table,” he said. “We are not going to leave anything out of our arsenal for potential charges. We will bring as many charges as we can based on conduct ”.
Sherwin said 40 other cases have already been filed at the District Court of Columbia.
More than 90 people have been arrested in Washington and more arrests are likely. US prosecutors across the country pledged to find and bring to justice all residents who participated in the insurrection aimed at preventing the peaceful transfer of power. But it can take weeks to build cases against the troublemakers.
Experts say some may face the rarely used seditious conspiracy charge. It is the same charge that the Justice Department of former attorney general William Barr told prosecutors to consider charging for crimes last summer, about the killings of black Americans by the police.
Other possible charges for the pro-Trump crowd include civil unrest, property destruction and riots, experts say.
“You can literally throw the book on 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 is important for prosecutors to send a message with their charges.
“It can’t happen again,” she said. “This was a very scary time for America and it cannot set a precedent that the way you deal with political opposition is through violence and destruction.”
The Justice Department has aggressively pursued protesters who caused violence during protests against police brutality, accusing more than 300 crimes, including civil disorder and theft. In many cases, prosecutors pressured to keep them in jail pending trial, despite the virus crisis that devastated prisons and prisons in the United States
Then Deputy Attorney General Jeffrey Rosen, who took over as DOJ chief when Barr resigned last month, told prosecutors in a memorandum in September that they should consider using charges of seditious conspiracy against violent protesters, saying they did not. it required proof of a conspiracy to overthrow the US government. No one accused of civil unrest caused by the death of George Floyd was actually accused of sedition.
The charge, which could take up to 20 years in prison, can be applied to those who “by force prevent, prevent or delay the execution” of any US law or “by force seize, seize or possess any United States property contrary to authority of that, ”wrote Rosen.
He cited as a hypothetical example: “a group conspired to take a federal court or other federal property by force”.
“I really think there are some very strong cases, or at least some potential cases, under that statute,” Levenson said of those on Capitol Hill on Wednesday.
The crowd smashed windows and doors, causing lawmakers to hide as voting began at the Electoral College confirming Democrat Joe Biden’s victory. Some protesters, many of whom did not wear masks, were captured in videos and photos posted on all social networks.
“It is always helpful for prosecutors if people pose for photos in the middle of committing crimes,” said Stanford Law School professor David Sklansky, a former California prosecutor in California.
The violence came hours after Trump summoned his supporters to “fight” to prevent the “theft” of the election and march on Capitol Hill, while Trump’s personal lawyer Rudy Giuliani called for “trial by combat”.
Trump’s speech at the rally before the outbreak of chaos was unlikely to be considered an incitement to illegal violence because he did not specifically ask people to invade the Capitol, Sklansky said.
First Amendment freedoms mean that speech must be calculated to produce imminent violence to be considered a crime, he said. Likewise, Giuliani’s comments were probably not specific enough to be considered possibly criminal.
On Thursday, White House press secretary Kayleigh McEnany said the Trump administration considered the siege “reprehensible”. She said that “those who broke the law should be prosecuted to the fullest extent of the law.”
Four people died in the chaos on Wednesday, including a woman who was shot and killed by police inside the Capitol. Three other people died after “medical emergencies” related to the rape. More than 50 Capitol and DC police were injured, including several who were hospitalized, officials said.
The FBI asked for tips, photos and videos to help identify those who participated in the violence. US prosecutors in several states, including Kentucky, Ohio and Oregon, said people could face charges in their home states if they traveled to Washington and participated in the rebellion.
The United States attorney for Detroit and surrounding communities, Matthew Schneider, said investigators will review video footage and other evidence. Serious charges – including destruction of property over $ 1,000, inciting riots, civil unrest, sedition, use of a destructive device like a pipe bomb – could take place in Michigan, he said, if there are connections to the state.
But it will take time to examine the evidence, he said.
“I am personally disgusted and horrified by this. It’s just nauseating to me. It is sickening what people did inside the Capitol, ”said Schneider. But he added: “There is a big difference here between peaceful protests and acts of violence. Just because people traveled to Washington, DC, it doesn’t necessarily make them criminals. “
___
Richer reported from Boston and Whitehurst reported from Salt Lake City. Associated Press reporter David Eggert contributed to this report from Lansing, Michigan.