Justice for Perpetrators of the January 6th Capitol Riot

The January 6th Attack on the US Capitol

On January 6, 2021, supporters of then-President Donald Trump attacked the United States Capitol building in Washington, D.C. in an attempt to stop Congress from certifying the results of the 2020 presidential election. A mob of hundreds of people breached the Capitol security perimeter, vandalized and looted the building, and caused lawmakers to evacuate the chambers. Five people died during or shortly after the event, and many more were injured. It marked the first time the Capitol had been breached since the War of 1812.

The attack and the events leading up to it have become the subject of much debate and controversy. Many questions remain about how such a brazen assault on American democracy was able to take place and who should be held responsible. In the aftermath, there have been numerous calls for investigations and accountability.

The House Select Committee

On June 30, 2021, the United States House of Representatives voted to establish the Select Committee to Investigate the January 6th Attack on the United States Capitol. The purpose of the select committee is to investigate and report on the facts and causes of the attack and make recommendations to prevent future assaults on American democratic institutions.

The select committee is chaired by Representative Bennie Thompson and originally had 13 members, 7 Democrats and 6 Republicans. However, House Minority Leader Kevin McCarthy withdrew his Republican nominees after some were rejected by House Speaker Nancy Pelosi. Currently there are only 2 Republicans - Representatives Liz Cheney and Adam Kinzinger - serving on the panel.

Scope of Investigation

The select committee has a broad mandate to investigate all aspects of the January 6th attack and the influencing factors behind it. This includes:

• The planning and organization of the rally that took place prior to the attack
• Security failures that allowed the breach of the Capitol to occur
• Delays or obstacles to requesting assistance during the event
• Communications and activities of intelligence agencies prior to January 6
• Communications between the White House, law enforcement, the Department of Defense, and Congress
• Miscellaneous factors impacting the environment and motivations leading up to the attack

The committee has subpoena power to compel cooperation from witnesses. It is investigating former President Trump's actions relating to the event and has asked a number of his former aides to testify.

Public Hearings

In June 2022, the select committee began holding a series of nationally televised public hearings to reveal the findings of its investigation. Some of the key revelations so far include:

• President Trump knew he lost the election but spread false claims of election fraud anyway.
• Advisors cautioned President Trump against declaring victory prematurely.
• Multiple Republican members of Congress sought preemptive pardons from Trump.
• Trump pressured state officials to overturn election results.
• The mob came dangerously close to encountering Vice President Pence.

Additional hearings are expected later in 2022 focusing on Trump's actions during the riot and the financing of the "Stop the Steal" rally that preceded it. The committee plans to release a final report of its findings by the end of the year.

Potential Criminal Charges

The Justice Department has opened its own investigation into January 6th and the events leading up to it. So far, federal prosecutors have brought charges against more than 860 individuals who participated in the Capitol breach. Charges have included:

• Knowingly entering or remaining in a restricted building
• Disorderly or disruptive conduct
• Impeding passage through the Capitol grounds
• Parading, demonstrating, or picketing in a Capitol building
• Obstructing an official proceeding
• Assaulting, resisting, or impeding officers

Most defendants have pleaded guilty and received minor sentences like probation or several months in jail. However, stiffer penalties are likely for those accused of violence or conspiring to halt the electoral vote count. Federal prosecutors have indicated that seditious conspiracy charges are possible for some suspects.

Sentencing Guidelines

Here are some of the main factors that will determine the length of sentences for January 6 defendants:

• Seriousness of the offense - Crimes that involve planning, coordination and intentional disruption of election proceedings will be treated most harshly. Entering the building briefly or wandering around will get more lenient sentences.
• Criminal history - First time offenders without a pattern of lawbreaking typically get lighter punishments.
• Acceptance of responsibility - Defendants who plead guilty and express remorse may have sentences reduced.
• Cooperation - Testifying against other defendants and providing substantial assistance to the investigation earns sentencing credits.
• Age and health - Older defendants or those with chronic health conditions often serve reduced time.

For defendants convicted of the most serious charges like seditious conspiracy, federal guidelines provide a sentencing range of 15-20 years in prison, assuming no criminal record. But judges have discretion to go above or below the guidelines.

Potential Long Sentences

Some January 6 defendants could potentially face decades in prison if convicted of the most serious offenses and sentenced to consecutive terms. For example:

• 15 years for obstructing an official proceeding
• 20 years for seditious conspiracy
• 10 years for assaulting an officer
• 5 years for depredation of government property

Stacked consecutively at the maximum, these charges add up to a 50 year sentence. In reality, sentences served will likely fall well short of the theoretical maximums. But the dozens of defendants accused of conspiring to overturn the election could very well face prison terms measured in decades rather than months if convicted.

Ongoing Impact

The January 6th insurrection at the Capitol will have a lasting impact on American politics and history regardless of the punishments handed down. The peaceful transition of power between presidential administrations - once taken for granted - has been shaken. Polling shows record declines in Americans' trust in elections and faith in democracy.

The Capitol attack illustrates the extreme polarization afflicting the country and undermines America's role as a stable model of democracy for the world. Representative Liz Cheney has warned that the lack of accountability for the riot puts American democracy at risk. But others argue the country should look forward rather than dwell on the past.

The work of the January 6th committee ensures this "dark day" in history will not be forgotten. While its proceedings may not heal the nation's partisan divisions, it shines a light on the fragility of democracy and the danger of political violence incited by falsehoods. The truth of what happened that day, and who was responsible, must come out to give American democracy a chance of surviving into the future.

FAQs

What exactly happened at the Capitol on January 6, 2021?

On January 6, 2021, supporters of President Trump breached the U.S. Capitol building in an attempt to prevent Congress from certifying Joe Biden's election victory. A mob of hundreds overpowered police, broke into the Capitol, ransacked offices, and temporarily halted the electoral vote count.

Who authorized the House investigation into the attack?

The House of Representatives voted to establish a select committee to investigate the January 6th attack. The committee is chaired by Representative Bennie Thompson.

What were some key revelations from the committee's public hearings?

The hearings revealed Trump knew he lost the election but spread fraud claims anyway, and that some in Congress sought preemptive pardons. They also showed how close the mob came to reaching Vice President Pence.

What criminal charges do Capitol rioters face?

Charges have included trespassing, disorderly conduct, impeding police, and obstructing the electoral count. Some defendants could potentially face seditious conspiracy charges.

How long could the harshest sentences be for January 6 defendants?

Those convicted of the most serious charges could hypothetically face decades in prison if given consecutive maximum sentences. But most sentences will likely be much lower.