Prosecutor says Capitol riot evidence ‘trending’ toward sedition charges

"I personally believe the evidence is trending towards that, and probably meets those elements.”

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Michael Sherwin, the former federal prosecutor who led the investigation into the January 6 Capitol riots said this weekend on CBS’ 60 Minutes that the evidence against the defendants “probably” meets the elements of sedition charges.

Sherwin led the investigation into the Capitol riots until this Friday when Channing Phillips became the acting U.S. attorney succeeding Sherwin who was a William Barr appointee.

In responding to Scott Pelley who asked about the sedition statute calling it “a very low bar,” Sherwin said. “I don’t think it’s a low bar, Scott, but I will tell you this: I personally believe the evidence is trending towards that, and probably meets those elements.”

“I believe the facts do support those charges,” Sherwin said. “And I think that, as we go forward, more facts will support that.”

Read More: 2 charged in assault of Capitol officer who died after riot

Michael Sherwin on CBS’ 60 Minutes (Source: CBS)

Read More: Feds investigating communications between members of Congress, Capitol rioters

More than 400 people have been charged with several crimes including unlawful entry and assaulting federal and local law-enforcement officers. However, none have been charged with sedition thus far.

According to USA Today, 43 of those arrested are current or former first responders or military veterans.

Maryland Democratic U.S. Rep Jamie Raskin told the outlet that “off-duty cops beating up on-duty cops to overthrow an election is a nightmare scenario for America.”

“A street alliance among right-wing paramilitary forces, law enforcement, and demagogic politicians has been a hallmark of fascism for a century,” Raskin said. “So the involvement of multiple law enforcement officers from across the country in waging the Jan. 6th insurrection against the Capitol and the Congress is a warning sign of danger for our democracy.”

140 police officers were injured in the Capitol riots. One, Officer Brian Sicknick died due to injuries he sustained that day and two men have been charged with causing his death. Two other officers took their own lives within days of the insurgency.

On the program, Sherwin also pointed a finger at former President Donald Trump who incited the rioters for weeks before January 6 when thousands gathered in the nation’s capital.

“Now the question is, is he criminally culpable for everything that happened during the siege during the breach?” Sherwin asked. “Maybe, the president is culpable for those actions.”

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