The acting attorney then said US Capitol police will be interviewed as witnesses, and should evidence emerge they were complicit in the riot they will also be charged.
Social media footage showed some Capitol police officers posing for selfies with Pro-Trump protesters in the building.
Mr Sherwin went on to say electronics belonging to US Senators were stolen, which he said could potentially jeopardise national security.
He added: “Materials were stolen, and we have to identify what was done, mitigate that, and it could have potential national security equities.
“We just don’t know the extent of that damage at this point – if there was damage, we don’t know the extent of that.”