Trump could be found ‘culpable’ for Capitol riot, says prosecutor who led investigation into insurrection

Michael Sherwin says evidence collected over the course of the investigation may result in sedition charges for the rioters

Donald Trump addresses the Conservative Political Action Conference on 28 February, 2021 in Orlando, Florida. (Getty Images)

The lead prosecutor investigating the Capitol insurrection has said Donald Trump may still be criminally culpable for inciting the riot.

Michael Sherwin, the former acting US attorney in Washington DC, led the investigation into the attack on the Capitol. He told "60 Minutes" that the former president still could be liable because so many of the individuals who have been arrested have said they went to the riot on his orders.

“What I could tell you is this: Based upon 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,” Mr Sherwin said. “Maybe the president is culpable for those actions.”

He said that he would not rule out the possibility of another investigation focused on Mr Trump encouraging the rioters on 6 January.

Mr Trump was impeached for a second time following the insurrection, but was ultimately exonerated by the Senate. He told his supporters to "fight like hell" on the day of the attack and instructed them to walk to the Capitol.

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Mr Sherwin noted that even though many of the rioters said they went on Mr Trump's behalf, many of the individuals affiliated with right-wing gangs who were arrested at the Capitol said they went because they knew he was "all talk".

“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,'” he said.

The prosecutor said the evidence uncovered in the investigation may lead to sedition charges being brought against the rioters.

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

Sedition charges are rare and are saved for those who conspire to overthrow the government or for those who have hindered the execution of federal law.

The last sedition charges to be tried were in 2010, when federal prosecutors charged the members of a Michigan militia with plotting an armed confrontation with the government.

Mr Sherwin left his post as prosecutor after Joe Biden appointed an acting US Attorney for DC, Channing Phillips.

Mr Phillips is now leading the investigation.