Criminal proceedings in the January 6 United States Capitol attack

FBI poster seeking information on violence at the Capitol Building published January 6, 2021

On January 6, 2021, supporters of then President Donald Trump attacked the U.S. Capitol Building, disrupting the joint session of Congress assembled to count electoral votes to formalize Joe Biden's victory in the 2020 United States Presidential Election.[1] By the end of the month, the Federal Bureau of Investigation (FBI) had opened more than 400 case files and issued more than 500 subpoenas and search warrants related to the riot.[2] The FBI also created a website to solicit tips from the public specifically related to the riot[3] and were especially assisted by the crowdsourced sleuthing group Sedition Hunters.[4] By the end of 2021, 725 people had been charged with federal crimes.[5][6] That number rose to 1,000 by the second anniversary of the attack,[5] and to 1,200 by the third anniversary, at which point over 890 people had been found guilty of federal crimes.[7][8] These federal cases are handled by the U.S. Attorney's Office for the District of Columbia (D.C.).[9] State cases, of which there are fewer, are handled in the D.C. Superior Court.[10]

Early on, the majority of charges filed against the rioters were for disorderly conduct and unlawful entry.[11] Other charges include assault on law enforcement officers;[12] trespassing; disrupting Congress; theft or other property crimes; weapons offenses; making threats; and conspiracy, including seditious conspiracy.[13] Some criminal indictments are under seal.

In August 2023, Trump was indicted for his actions on and around January 6.

Some convicted rioters received a sentencing enhancement. On March 1, 2024, a federal appeals court said the sentencing enhancement could not be used, which may require the resentencing of over 100 rioters.[14]

Also in March 2024, Trump called felons serving jailtime for the attack "hostages" and pledged to "free" them if he were reelected in the 2024 United States presidential election. As of that month, 500 people had been sentenced to prison terms and 1,358 had been criminally charged.[15]

  1. ^ Reeves, Jay; Mascaro, Lisa; Woodward, Calvin (January 11, 2021). "Capitol assault a more sinister attack than first appeared". Associated Press. Archived from the original on January 13, 2021. Retrieved January 12, 2021. Under battle flags bearing Donald Trump's name, the Capitol's attackers pinned a bloodied police officer in a doorway, his twisted face and screams captured on video. They mortally wounded another officer with a blunt weapon and body-slammed a third over a railing into the crowd. 'Hang Mike Pence!' the rioters chanted as they pressed inside, beating police with pipes. They demanded House Speaker Nancy Pelosi's whereabouts, too. They hunted any and all lawmakers: 'Where are they?' Outside, makeshift gallows stood, complete with sturdy wooden steps and the noose. Guns and pipe bombs had been stashed in the vicinity. ... The mob got stirring encouragement from Trump and more explicit marching orders from the president's men. 'Fight like hell,' Trump exhorted his partisans at the staging rally. 'Let's have trial by combat,' implored his lawyer, Rudy Giuliani, whose attempt to throw out election results in trial by courtroom failed. It's time to 'start taking down names and kicking ass', said Republican Representative Mo Brooks of Alabama. Criminals pardoned by Trump, among them Roger Stone and Michael Flynn, came forward at rallies on the eve of the attack to tell the crowds they were fighting a battle between good and evil
  2. ^ Fischer, Jordan (January 26, 2021). "Sedition investigations could 'bear fruit soon' in Capitol riot cases, FBI says". WUSA. Archived from the original on January 26, 2021. Retrieved August 24, 2023.
  3. ^ "Capitol Violence". Federal Bureau of Investigation. Archived from the original on November 4, 2021. Retrieved October 21, 2021.
  4. ^ Reilly, Ryan J. (January 5, 2022). "The FBI's Secret Weapon In The Capitol Attack Manhunt". HuffPost. Archived from the original on January 5, 2022. Retrieved January 5, 2022.
  5. ^ a b Hall, Madison; Gould, Skye; Harrington, Rebecca; Shamsian, Jacob; Haroun, Azmi; Ardrey, Taylor; Snodgrass, Erin (January 5, 2023). "At least 978 people have been charged in the Capitol insurrection so far. This searchable table shows them all". Insider. Archived from the original on May 13, 2021. Retrieved January 6, 2023.
  6. ^ Alexander, Keith L. (December 31, 2021). "Prosecutors break down charges, convictions for 725 arrested so far in Jan. 6 attack on U.S. Capitol". Washington Post. Archived from the original on January 2, 2022. Retrieved January 1, 2022.
  7. ^ Rabinowitz, Hannah; Lybrand, Holmes (January 6, 2024). "It may be a long time, if ever, before everyone involved in January 6 is punished. Here's why". CNN. Archived from the original on February 4, 2024. Retrieved January 6, 2024.
  8. ^ "District of Columbia | Three Years Since the Jan. 6 Attack on the Capitol". www.justice.gov. October 6, 2023. Archived from the original on January 8, 2024. Retrieved January 8, 2024.
  9. ^ Sneed, Tierney (November 18, 2022). "What it means that a special counsel is running the Trump investigations". CNN. Archived from the original on November 19, 2022. Retrieved November 19, 2022.
  10. ^ Mallin, Alexander; Barr, Luke (January 26, 2021). "DOJ has identified 400 suspects, charged 135 in Capitol riot". ABC News. Archived from the original on January 27, 2021. Retrieved January 27, 2021.
  11. ^ O'Connor, Meg (January 14, 2021). "They Took Umbrellas to a Black Lives Matter Protest. The D.A. Hit Them with Gang Charges". The Appeal. Archived from the original on March 2, 2021. Retrieved February 13, 2021.
  12. ^ Hymes, Clare; McDonald, Cassidy; Watson, Eleanor (March 18, 2021). "Over 300 charged from more than 40 states: What we know about the "unprecedented" Capitol riot arrests". CBS News. Archived from the original on March 23, 2021. Retrieved June 18, 2021.
  13. ^ Valentino-DeVries, Jennifer; Ashford, Grace; Lu, Denise; Lutz, Eleanor; Matthews, Alex Leeds; Yourish, Karen (February 4, 2021). "Arrested in Capitol Riot: Organized Militants and a Horde of Radicals". New York Times. Archived from the original on February 19, 2021. Retrieved August 24, 2023.
  14. ^ Weiner, Rachel; Hsu, Spencer S. (March 1, 2024). "Appeals court ruling means over 100 Jan. 6 rioters may be resentenced". Washington Post. ISSN 0190-8286. Retrieved March 1, 2024.
  15. ^ "Trump says will free US Capitol rioters if re-elected". The Straits Times. March 12, 2024. ISSN 0585-3923. Retrieved March 12, 2024.

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