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.”