Lawmakers who conspired with Capitol attackers in legal peril

Source: Politico | January 14, 2021 | Josh Gerstein

If any members of Congress are proven to have colluded with the rioters, their position likely won’t save them from criminal liability.

Lawmakers who interacted with the pro-Trump protesters who rioted at the Capitol last week could face criminal charges and will almost certainly come under close scrutiny in the burgeoning federal investigation into the assault, former prosecutors said.

“This is incredibly serious,” said Ron Machen, a former U.S. attorney for Washington, D.C. “Although you would need compelling evidence before charging a member of Congress with anything related to the breach of the Capitol that day, this has to be investigated.”

Unlike with the president, there’s no Justice Department policy shielding members of Congress from legal accountability while in office. “I’d say those are potentially viable prosecutions,” added Peter Zeidenberg, another former federal prosecutor in Washington. “I’d say those guys should be worried.”

The role members of Congress may have played in facilitating the deadly attack drew intense attention this week after Democratic lawmakers alleged that some of their Republican colleagues facilitated tours of the Capitol on January 5 — one day before demonstrators engaged in the assault that terrorized lawmakers, ransacked congressional offices and left as many as five people dead.

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