Trump could be found ‘culpable’ for Capitol riot, says prosecutor who led investigation into insurrection
Michael Sherwin says evidence collected over the course of the investigation may result in sedition charges for the rioters
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.The lead prosecutor investigating the Capitol insurrection has said Donald Trump may still be criminally culpable for inciting the riot.
Michael Sherwin, the former acting US attorney in Washington DC, led the investigation into the attack on the Capitol. He told "60 Minutes" that the former president still could be liable because so many of the individuals who have been arrested have said they went to the riot on his orders.
“What I could tell you is this: Based upon what we see in the public record and what we see in public statements in court, we have plenty of people – we have soccer moms from Ohio that were arrested saying, ‘Well, I did this because my president said I had to take back our house.’ That moves the needle towards that direction,” Mr Sherwin said. “Maybe the president is culpable for those actions.”
He said that he would not rule out the possibility of another investigation focused on Mr Trump encouraging the rioters on 6 January.
Mr Trump was impeached for a second time following the insurrection, but was ultimately exonerated by the Senate. He told his supporters to "fight like hell" on the day of the attack and instructed them to walk to the Capitol.
Read more
Mr Sherwin noted that even though many of the rioters said they went on Mr Trump's behalf, many of the individuals affiliated with right-wing gangs who were arrested at the Capitol said they went because they knew he was "all talk".
“But also you see in the public record too militia members saying, ‘You know what? We did this because Trump just talks a big game. He’s just all talk. We did what he wouldn’t do,'” he said.
The prosecutor said the evidence uncovered in the investigation may lead to sedition charges being brought against the rioters.
“I believe the facts do support those charges,” he said. “And I think that, as we go forward, more facts will support that."
Sedition charges are rare and are saved for those who conspire to overthrow the government or for those who have hindered the execution of federal law.
The last sedition charges to be tried were in 2010, when federal prosecutors charged the members of a Michigan militia with plotting an armed confrontation with the government.
Mr Sherwin left his post as prosecutor after Joe Biden appointed an acting US Attorney for DC, Channing Phillips.
Mr Phillips is now leading the investigation.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments