U.S. Department of Justice charges some with conspiracy to commit riot for breaking into Congress

The U.S. Department of Justice said Tuesday (Jan. 12) that federal prosecutors will charge a number of rioters with “conspiracy and conspiracy charges” for breaking into the U.S. Capitol and causing violence.

So far, prosecutors have filed criminal charges against 170 suspects, and the number of indictments is expected to grow to hundreds in the coming weeks.

Yesterday, our office assembled a team of very senior national security prosecutors and public corruption prosecutors,” said Michael Sherwin, acting U.S. attorney for the District of Columbia. The only instruction I gave them was that they were to be very senior. The only directive I gave them was to file conspiracy to commit riot charges for the most heinous acts that have occurred at the Capitol.”

“These are significant charges of committing a felony, punishable by up to 20 years in prison.” He said.

Michael Sherwin said more than 70 people had been indicted as of Tuesday, and prosecutors are bringing charges against more than 100 others.

“That number, I suspect, will grow into the hundreds.” Michael Sherwin said at a news conference.

Federal authorities launched a massive investigation after the Capitol incident, a riot and violence at the U.S. Capitol on Jan. 6 that marred an otherwise peaceful protest. A group of rioters and some protesters, illegally waving American flags and Trump flags, stormed the Capitol. The chaos left at least five people dead, including one police officer, and dozens more injured.

Michael Sherwin said the suspects have been charged with a variety of crimes ranging from simple trespassing, theft of mail, theft of digital equipment, assault on local and federal officials to more serious crimes such as attempted theft of national security or defense information, and felony murder.

“The range of cases and crimes, it’s really mind-boggling,” he said, “and it really puts a tremendous workload on the entire FBI and field offices, as well.”

Addressing public misconceptions, Michael Sherwin said that a large percentage of cases are filed as misdemeanors such as trespassing in order to bring charges against certain individuals as quickly as possible. But he said prosecutors have the ability to charge these people with more serious charges after they have been arrested.

“After criminal charges are filed through a criminal complaint, it allows law enforcement across the United States to arrest suspects from Dallas, Arkansas, Nashville, Cleveland and Jacksonville, among other places. That’s what’s happened in the last few days.” Michael Sherwin said.

“With the filing of these charges, we have the ability to prosecute these individuals on more significant charges, and that’s what’s happening.”

The top prosecutor in Washington, D.C., said the department is prioritizing cases related to weapons and destructive devices such as bombs. On the day of the protests, several pipe bombs were found near the U.S. Capitol, one at the Democratic National Committee (DNC) headquarters and another at the Republican National Committee (RNC) building. Local police confirmed that Molotov cocktails were also found in a vehicle inside the Capitol.

Michael Sherwin said the department is also investigating violence against law enforcement officers and members of the media. A U.S. Capitol Police officer died from injuries sustained while responding to the violence at the Capitol. In addition, another U.S. Capitol Police officer died while on leave days after the incident, although it is unclear if his death was related to the riot.

“This is going to be the focus of the investigation. I think in the next few weeks and days, people are going to be shocked at some of the evil that has happened inside the Capitol.” He said.

For the past week, authorities have been identifying protesters suspected of involvement in the Jan. 6 riot, including Richard Barnett of Arkansas, who was allegedly photographed sitting in a seat in House Speaker Nancy Pelosi’s office with his feet on the desk. There was also Adam Johnson, 36, who carried away Pelosi’s lectern. In addition, Rep. Derrick Evans, a West Virginia House Republican, resigned for breaking into the U.S. Capitol.

The violence at the Capitol was condemned by President Trump, President-elect Biden, and members of Congress from both parties.

The incident sparked various investigations and scrutiny and had prompted officials to beef up security at the upcoming inauguration on Jan. 20.

Acting U.S. Capitol Police (USCP) Director Yogananda Pittman announced Monday night that several Capitol Police officers had been suspended after reviewing video and other publicly available information about the incident at the Capitol.

Rep. Tim Ryan (R-Wis.), who chairs the House Appropriations Subcommittee on the Legislative Branch, said Monday that the U.S. Capitol Police Department is cracking down on all individuals who may have participated in or facilitated the violence.

The riots have also sparked action by large technology companies to tighten controls on content they claim could cause harm. Most of their restrictions have focused on President Trump, Trump supporters, conservatives, and followers of QAnon, among others.