The facts in the Capitol riot investigation 'do support' sedition charges, prosecutor says

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  • More than 400 people are facing criminal charges in the January 6 attack on the US Capitol.

  • The prosecutor leading the investigation now says evidence also supports sedition charges.

  • Sedition is defined in part as conspiring to "prevent, hinder, or delay" the execution of US laws.

  • See more stories on Insider's business page.

The investigation into the January 6 attack on the US Capitol will most likely result in sedition charges against some of the suspects, the federal prosecutor leading the investigation said in a new interview.

"I believe the facts do support those charges. And I think that, as we go forward, more facts will support that," the prosecutor, Michael Sherwin, said during an interview with "60 Minutes" that aired Sunday.

Under US law, sedition is a crime and is defined as conspiring to overthrow the US government or to "prevent, hinder, or delay the execution of any law of the United States" by force. Historically, sedition charges are rare.

In the interview, Sherwin also said investigators were still looking into whether President Donald Trump was criminally responsible for the riot.

"It's unequivocal that Trump was the magnet that brought the people to DC on the sixth," Sherwin said. "Now the question is, is he criminally culpable for everything that happened during the siege, during the breach?"

The investigation has resulted in more than 400 criminal cases so far, many of which involve significant federal felony charges. More than 100 people have been charged with assaulting federal and local law-enforcement officers.

Sherwin said about 10% of the cases were "more complex conspiracy cases" in which prosecutors have evidence that right-wing armed groups came to the Capitol with a plan. Investigators are working to uncover more details about what specifically those plans were.

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