Michael Sherwin, the former acting attorney for the U.S., also said he believes sedition could be a complaint against some Capitol dissidents.
“It’s unequivocal that Trump was the magnet that brought the people to DC on the 6th,” Sherwin said in response to a question from “60 Minutes” about whether Trump is part of the investigation. “We have soccer mothers from Ohio who were arrested and said, ‘Well, I did it because my president said I should take our house back.’ “It’s moving the needle in that direction. Maybe the president is to blame for the action.”
Sherwin noted that other rioters acknowledged that they went beyond the president’s speech.
Sherwin’s candid comments come as he leaves his post from the Department of Justice, which leads the Washington Prosecutor’s Office and its extensive investigation into violence at the Capitol. He was appointed to the post during the Trump administration. Attorney General Merrick Garland and Sherwin’s successor, acting U.S. Attorney for DC Channing Phillips, did not directly address the question of whether Trump will be investigated.
When Scott Pelley, CBS, followed up on asking Sherwin if investigators were investigating Trump’s role, Sherwin replied, ‘We have people who watch everything correctly. Everything is being looked at. ‘
No public officials have been charged with crimes related to the Capitol riot investigation, and prosecutors have so far focused on criminal cases against rioters who violated the Capitol grounds, and against members of extremist groups who allegedly went before the attack. coordinated. Several of the accused pointed the finger at the former president in court, saying they believed his accusations of election fraud and responded to his call to come to Washington and march to the Capitol to oppose Congress’ certification of the election results stand.
There is no indication that a formal criminal investigation has been opened against Trump.
The former president denied responsibility through a spokesman.
Sherwin did not respond when asked why it is not yet alleged that sedition is in one of the more than 300 federal criminal cases.
“I personally believe that the evidence tends to and probably meets the elements,” Sherwin said. “I believe the facts do support the charges. And I think as we move forward, more facts will support that.”
Some of the rioters are already facing conspiracy charges approved by a federal jury.
While conspiracy charges in court would advocate coordination between defendants, sedition is a more specific criminal law – similar to treason or rebellion – intended to respond to attempts to overthrow the US government. It has a longer maximum possible sentence than conspiracy.
This story has been updated with additional details from the interview.