Buffalo, NY (WBEN) Federal law enforcement officials Tuesday said they were combing through mountains of evidence and vowed to aggressively seek out those who perpetrated the brazen attack on the U.S. Capitol.
Though most of the charges brought so far have been misdemeanors, acting U.S. Attorney Michael Sherwin said the Justice Department was considering bringing sedition charges against some of the rioters, effectively accusing them of attempting to overthrow or defeat the government.
The massive investigation has already unearthed more than 100,000 pieces of digital evidence and law enforcement are identifying suspects across the country.
In Western New York, the U.S. Attorney's Office has vowed it will swiftly prosecute anyone from the district that may be found to have had a role in criminal activity related to the attack.
Former US Attorney Dennis Vacco says it's tough to estimate how many people will be arrested, and one of the challenges will be tracking down those under investigation who have returned to all four corners of the country.
"It's my surmise all US Attorney's offices are conducting some preliminary inquiry with the goal of passing on any relevant information to the US Attorney's office in the District of Columbia, because that's arguably the venue of many prosecutions will take place," says Vacco. He notes a local US attorney could prosecute here if any planning or conspiracy took place in that jurisdiction.
Vacco says while video and phots will be helpful, the First Amendment will complicate investigations. "Just because they were in the Capitol doesn't mean they've committed a crime," explains Vacco. "That said, the First Amendment doesn't protect and individual involved in property damage, theft, physical assault, injury or death." Vacco says charges could range from trespass for refusing to leave after being told to leave to larceny and destruction of property.
With video and photos showing clear identification of people committing crimes at the Capitol, defense attorney Terry Connors says most defense stances are off the table.
"You can't take the position you weren't there, you also can't take the defense of misinterpretation of what happened because there's video. Most of these crimes that will be charged require a specific proof of intent. The defense will likely be the intent was to exercise First Amendment rights," says Connors.
Connors says penalties are identified by the particular statute violated. "As a general observation, most federal felonies carry five years in prison, but there are a number of deviations from that," explains Connors. He says on the charges outlined in reports, there will be several different charges, at least one will be a serious felony.
