Trump’s remarks before Capitol riot may be investigated, prosecutor says

Asked specifically if that included President Trump, who had urged the crowd to “fight like hell,” before the rioting began, Sherwin replied, “We are looking at all actors here, and anyone that had a role, if the evidence fits the element of a crime, they’re going to be charged.”

That could also spell fresh legal jeopardy for the president’s personal lawyer, Rudolph W. Giuliani, who also spoke to the crowd, declaring at one point, “let’s have trial by combat,” and declaring he was willing to stake his reputation, and that of the president, on being able to someday find criminality in the 2020 vote count.

Sherwin, the prosecutor, said that the first priority of investigators are the individuals who personally engaged in destructive or violent acts at the Capitol, or what he called “the closest alligators to the boat.”

He also noted there were potential national security risks, with video showing papers strewn around lawmakers’ offices, and some accounts of people taking things from the building.

“This is probably going to take several days to flesh out what was stolen what wasn’t,” he said. “Items were stolen from senators’ offices, documents were stolen and we have to identify what was done, and it could have potential national security equities.”

Sherwin spoke to reporters by phone Thursday to emphasize that the Justice Department and FBI are rapidly pursuing cases against those who engaged in violence or other lawbreaking, saying that dozens of people would be charged by the end of the day, and investigators are continuing to piece together evidence to bring additional cases.

But he said those efforts were made harder by the fact that Capitol Police let so many of the people who broke into the building simply walk out.

“It appears they were not apprehended or zip-tied by the police,” said Sherwin, a scenario that “has made our job difficult” because agents now have to search cell phone records and gather video footage to “identify people, charge them, and execute their arrest.”

This is a developing story and will be updated.