The top prosecutor who had been heading the Justice Department’s investigation into the Capitol riot said the government has obtained evidence that would probably allow them to charge some defendants involved in the January 6 attack with seditious conspiracy, the rare Civil War-era charge of conspiring to overthrow the government. “I personally believe the evidence is trending toward that, and probably meets those elements,” Michael Sherwin, who until recently oversaw the criminal investigation—the largest in U.S. history—as acting U.S. attorney in Washington, said in a 60 Minutes interview that aired Sunday, reiterating comments from January, shortly after the breach, when he said prosecutors were looking at evidence relating to such a charge. Those who conspire to forcibly oppose government authority or who use force “to prevent, hinder or delay the execution of any law of the United States” can be charged with sedition, the New York Times reports of the statute.
Of the more than 400 people charged thus far in the Capitol riot, Sherwin told CBS’s Scott Pelley that the majority are accused of trespassing, as well as more than 100 charged with assaulting law enforcement. But ten percent of what Sherwin called “the more complex conspiracy cases” involve “individual militia groups from different facets,” including the Oath Keepers, Three Percenters, and Proud Boys, planning “to come to D.C., organize, and breach the Capitol in some manner.” Some members of those far-right groups have already been charged with conspiring to obstruct Congress’ Electoral College count, said Sherwin, who stepped down from the interim position earlier this month as he moved on to a new role in the Department.
In the interview, Pelley also asked the outgoing federal prosecutor whether former President Donald Trump’s role in the attack is still of interest to the investigation. While “it’s unequivocal that Trump was the magnet that brought the people to D.C. on the 6th,” Sherwin said whether he is criminally responsible for that day’s breach has yet to be determined—but confirmed “we have people looking at everything,” including Trump’s conduct.
“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,’” Sherwin said. “That moves the needle towards that direction. Maybe the president is culpable for those actions.” The prosecutor witnessed Trump’s speech firsthand on January 6, dressing in running clothes and joining D.C. police at the rally to “gauge the temperature of the crowd,” which he observed was partly made up of “typical, like, carnival-type people” but also some members “in tactical gear” wearing “military helmets” and ballistic vests. “Those people, I noticed, left the speeches early,” Sherwin said, and he followed them to the Capitol.
A video published by Times’ Visual Investigations team on Sunday underscores the extent to which we are still gleaning new information about the day’s events and potentially how much more fatal the attack could have been. In synchronizing D.C. police radio communications that the paper obtained with footage of the mob descending on officers stationed at the scene, the Times reveals how the officers “lost the line” in real time and, overpowered, were forced to retreat. Sherwin, too, highlighted the developing nature of the situation in discussing two of the people charged with assaulting law enforcement—specifically Officer Brian Sicknick, who died a day after being attacked during the breach. While the medical examiner has not yet determined whether his death was directly related to the bear repellant spray that rioters fired at Sicknick, Sherwin said “if evidence directly relates that chemical to his death … that’s a murder case.”
— Andrew Cuomo’s Biographer on the Governor’s Brutish History
— How Officials in Trump’s White House Scrambled to Score COVID-19 Vaccinations
— A Private Jet of Rich Trumpers Wanted to “Stop the Steal”
— Donald Trump Is Drowning in Criminal Investigations and Legally Screwed
— The Wave of Anti-Asian Hate Could Last Beyond the Pandemic
— Could Brett Kavanaugh Be Booted From the Supreme Court?
— Leak of Bombshell CBS Investigation Led to Multimillion-Dollar Settlement
— From the Archive: The Day Before Tragedy
— Not a subscriber? Join Vanity Fair to receive full access to VF.com and the complete online archive now.