Prosecutor Argues Trump May Be ‘Criminally Culpable’

Earlier this year on Jan. 6 a “riot” at the U.S Capitol was jumped all over by the different media outlets. During the Justice Department’s investigation, the federal prosecutor at the time said that some rioters will be charged with attempting to overthrow the government.

After an appearance on “60 Minutes” last Sunday, Michael Sherwin left an open-ended question on if former President Donald Trump was expected to face charges related to the riot. Two days before his appearance Sherwin stepped down from leading the investigation into the riot. A replacement picked by the Biden administration has caused Sherwin to step down from acting U.S. attorney in Washington, D.C earlier this month.

During his interview on “60 Minutes,” Sherwin explained to host Scott Pelley that he expected for some of the rioters who have been arrested already to be charged with sedition at the least.

“I personally believe the evidence is trending toward that, and probably meets those elements,” Sherwin said. “I believe the facts do support those charges. And I think that, as we go forward, more facts will support that.”

Sherwin also stated during his interview that he believed Trump may face charges related to the riot due to the speech the former president gave that day to a crowd of his supporters, as he said in Sherwin’s words “pushing them to march over to the Capitol building to peacefully and patriotically make your voices heard.”

“It’s unequivocal that Trump was the magnet that brought the people to D.C. on the 6th. Now the question is, is he criminally culpable for everything that happened during the siege, during the breach?” Sherwin said. “What I could tell you is this, based upon, again, 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.”

“Maybe the president is culpable for those actions. 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,’” the prosecutor added.

Sherwin noted that more than 400 suspects have been charged with riot-related crimes since Jan. 6.

“The bulk of those cases are federal criminal charges and significant federal felony charges. Five, 10, 20-year penalties. Of those 400 cases, the majority of those, 80, 85%, maybe even 90, you have individuals, both inside and outside the Capitol, that breached the Capitol, trespassed,” Sherwin said. “You also have individuals, roughly over 100, that we’ve charged with assaulting federal officers and local police officers. In 10% of the cases, I’ll call the more complex conspiracy cases where we do have evidence, it’s in the public record where individual militia groups from different facets: Oath Keepers, Three Percenters, Proud Boys, did have a plan.”

Fencing and National Guard soldiers have surrounded the Capitol since the riot on Jan. 6. Democratic lawmakers have argued that heavy security is necessary to prevent another attack on the Capitol while many Republicans have criticized the measures as political theater.

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