WASHINGTON (AP) – The District of Columbia’s top federal prosecutor said Thursday that “all options are on the table” to accuse members of the violent pro-Trump crowd that stormed the U.S. Capitol, including the charges of sedition.
Michael Sherwin, a U.S. attorney in DC, said prosecutors plan to file 15 federal cases Thursday for crimes such as unauthorized access and theft of property, and that investigators are going through evidence to present additional charges.
“All of these charges are on the table,” he said. “We will not keep anything out of our arsenal for possible charges. We will carry as many charges as possible depending on the conduct.”
Sherwin said 40 more cases had already been filed in the District of Columbia High Court.
More than 90 people have been arrested in Washington and more arrests are likely. U.S. lawyers across the country have vowed to find and bring to justice any resident who participated in the insurgency to thwart the peaceful transfer of power. But it could take weeks to build cases against riot police.
Experts say some could face the rarely used sedition conspiracy charge. It is the same charge that the justice department of former Attorney General William Barr told prosecutors to consider prosecuting those who caused violence in the protests. last summer by the killings of black Americans by the police.
Other possible charges for the pro-Trump crowd include civil unrest, destruction of property and riots, according to experts.
“You can literally throw the book at them and it would be a pretty heavy book,” said Laurie Levenson, a former federal prosecutor and teacher at Loyola Law School. Levenson said it is important for prosecutors to send a message with their charges.
“That can’t happen again,” he said. “This was a very frightening time for the United States and it cannot set a precedent for the way to deal with the political opposition is through violence and destruction.”
The Justice Department has gone aggressively after protesters who caused violence during police brutality protests, accusing more than 300 of crimes including civil disorder and robbery with force. In many cases, prosecutors lobbied to keep them locked up while awaiting trial despite the virus crisis that has ravaged U.S. prisons and jails.
Deputy Assistant Attorney General Jeffrey Rosen, who took up the top job in the Justice Department when Barr resigned last month, told prosecutors in a note in September that they should consider using conspiracy charges seditious against violent protesters, saying it requires no evidence of conspiracy to overthrow the U.S. government. No one accused of the civil unrest caused by the death of George Floyd has been charged with sedition.
The charge, which carries up to 20 years in prison, could apply to those who “by force prevent, hinder or delay the execution” of any United States law or “by force seize, take or possess any U.S. property contrary to its authority, “Rosen wrote.
He cited as a hypothetical example: “a group has conspired to take by force a federal court or other federal property.”
“I think there are some pretty strong cases, or at least some potential cases, under that statute,” Levenson said of those at the Capitol Wednesday.
The crowd broke the windows and broke the doors and made lawmakers hide when the Electoral College voting began claiming the victory of Democrat Joe Biden. Some riot police, many of whom wore no masks, were captured in videos and photos posted on social media.
“It’s always helpful for prosecutors if people put pictures in the middle of committing crimes,” said Stanford Law School professor David Sklansky, a former federal prosecutor in California.
The violence came hours after Trump called on his supporters to “fight” to stop the “theft” of the election and march on the Capitol, while Trump’s personal lawyer, Rudy Giuliani, called for a “trial for combat. “.
Trump’s speech at the rally before the chaos erupted would probably not be considered inciting violence illegally because he did not specifically call for people to storm the Capitol, Sklansky said.
The freedoms of the first amendment mean that speech must be calculated to produce impending violence to be considered criminal, he said. Similarly, it is likely that Giuliani’s comments were not specific enough to consider them possibly criminal.
On Thursday, White House press secretary Kayleigh McEnany said the Trump administration considered the siege “reprehensible.” He said that “those who break the law should be prosecuted to the extent that it belongs to them.”
Four people were killed in Wednesday’s chaos, including a woman who was shot dead by police inside the Capitol. Three more people died after “medical emergencies” related to the rape. More than 50 Capitol and DC police officers were injured, including several hospitalized, officials said.
The FBI has asked for advice, photos and videos to help identify those involved in the violence. U.S. attorneys from 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 riot.
U.S. attorney for Detroit and surrounding communities, Matthew Schneider, said investigators will review the video footage and other evidence. Serious charges, including the destruction of more than $ 1,000 worth of property, incitement to rioting, civil unrest, sedition, use of a destructive device such as 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 just upset and horrified by this. It just makes me sick. It’s bad what people were doing inside the Capitol, “Schneider said. But he added:” There’s a big difference here between peaceful protests and acts of violence. The fact that people travel to Washington, DC, doesn’t necessarily make them criminals. “
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Richest reports of Boston and Whitehurst of Salt Lake City. Associated Press reporter David Eggert contributed to this report from Lansing, Michigan.