Michael Sherwin, the federal prosecutor who led the criminal investigation into the Capitol rebellion, said the evidence in the investigation is “trending” to charges of sedition.
The former US Attorney in Washington told the CBS News “60 Minutes” program that so far, none of the more than 400 defendants have been charged with sedition, which is a conspiracy to overthrow the government.
During the interview that aired on Wednesday, “60 Minutes” correspondent Scott Pelley questioned Sherwin about the sedition statue saying that “it looks like a very low bar”.
“I don’t think it’s a low standard, Scott, but I’m going to tell you one thing: I personally believe that the evidence is tending to that and is likely to meet these elements,” said Sherwin.
When Pelley asked if he anticipated charges of sedition against some of the defendants, Sherwin replied, “I believe the facts support these charges.”
“And I think that, as we move forward, more facts will support this,” he continued.
Sedition accuses those who conspire to “forcefully oppose the government’s authority” or use force “to prevent, hinder or delay the enforcement of any United States law.”
The Justice Department has not prosecuted sedition charges since 2010, when prosecutors alleged that members of a Michigan militia tried to plan an armed conflict with the government, according to The New York Times. Prosecutors were unsuccessful with the prosecution in that case, with the judge’s decision that they did not adequately present a “concrete argument” for sedition.
Sherwin led the investigation into the Capitol riot until Friday, after Channing Philips became the attorney general in DC earlier this month.
Of the more than 400 defendants so far, hundreds have allegedly invaded and more than 100 police officers allegedly assaulted. Two men were arrested in connection with the death of Capitol police officer Brian Sicknick, who died from the injuries he received during the operation.
Several defendants were charged with conspiracy to interrupt Congress’ certification of the Electoral College vote on January 6.
Old one President Trump
Donald TrumpBiden hampered by lack of confirmations Letlow wins Louisiana special election to replace deceased husband Number of migrant children in US custody has exceeded 15,000: report MORE he called on his supporters to demonstrate in Washington before the certification process and march to the Capitol to “stop the theft” and has since faced accusations that his role has sparked the violence.