DOJ Prosecutor Appointed By William Barr Now Says Trump May Be Criminally Culpable For Capitol Riot

Michael Sherwin, the federal prosecutor who has been overseeing the Capitol riot investigation, told 60 Minutes’ Scott Pelley that the DOJ was continuing to investigate the Jan. 6 insurrection at the U.S. Capitol, including examining whether former President Donald Trump could be criminally culpable for his role and whether the rioters could be charged with sedition.

“Has the role of former President Trump been part of your investigation?” Pelley asked.

“It’s unequivocal that Trump was the magnet that brought the people to D.C. on the 6th,” replied Sherwin. What makes that statement particularly striking is that Sherwin was appointed to be Acting US Attorney for the District of Columbia by Attorney General Barr and earlier this month was asked to continue with the Capitol riot investigation. Sherwin is now planning to return to Miami and work out of the DOJ office there.

When asked if Trump should be “criminally culpable for everything that happened during the siege, during the breach,” Sherwin said the DOJ analysis included public record information, such as social media posts and public statements the defendants were making 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.”

“In short, you have investigators looking into the president’s role?” asked Pelley.

“We have people looking at everything, correct,” said Sherwin. “Everything’s being looked at.”

So far, Pelley noted, prosecutors have not charged any of the Capitol riot defendants with “sedition,” the legal term for attempting to overthrow the government.

“I’m not a lawyer, but the way I read the sedition statute, it says that, ‘Sedition occurs when anyone opposes by force the authority of the United States, or by force hinders or delays the execution of any law of the United States.’ Seems like a very low bar, and I wonder why you’re not charging that now?” asked Pelley.

Sherwin disagreed with Pelley that the sedition law set a “low bar,” but did say that he personally believed “the evidence is trending towards that, and probably meets those elements.”

“Do you anticipate sedition charges against some of these suspects?” asked Pelley.

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