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700+ arrested by DOJ for Capitol storming; none face ‘insurrection’ or ‘riot’ charges

Police clear the hallway inside the U.S. Capitol on Jan. 6, 2021, in Washington, D.C. (Kent Nishimura/Los Angeles Times/TNS)
January 06, 2022

President Joe Biden’s administration has arrested over 700 people in connection with the Jan. 6, 2021 storming of the United States Capitol, and the hunt for so-called “insurrectionists” isn’t over yet. As of one year since the incident, not a single person has been charged with insurrection or rioting.

According to the U.S. Attorney’s Office in Washington, D.C. this week, of the more than 725 individuals arrested in nearly all 50 states and DC due to their involvement in the Jan. 6 riot last year. Despite being referred to by Democrat members of Congress and media pundits as “insurrectionists,” “rioters,” or even “terrorists,” not a single person arrested faced any charges related to an insurrection, riot, terrorism, or even trespass.

More than 225 defendants have been charged with assaulting, resisting, or impeding officers or employees. Seventy-five people have also been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.

Other charges include entering or remaining in a restricted federal building or grounds, entering a restricted area with a dangerous or deadly weapon, destruction of government property, and theft of government property.

At least 275 people have been charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so. About 40 defendants have been charged with conspiracy to obstruct a congressional proceeding, to obstruct law enforcement during a civil disorder, to injure an officer, or a combination of the three.

“Citizens from around the country have provided invaluable assistance in identifying individuals in connection with the Jan. 6 attack,” the attorney’s office said in a statement, adding that the FBI is still seeking over 350 people connected to Jan. 6 violence, including 250 who assaulted law enforcement officers.

“There are still photos and videos of more than 350 unidentified individuals on our website (https://fbi.gov/wanted/capitol-violence) who allegedly broke the law at the Capitol on January 6. Of those, more than 250 are alleged to have committed assaults on law enforcement,” the FBI said the first of a series of tweets Thursday.

During a speech on Jan. 5, Attorney General Merrick Garland vowed to hold “all January 6th perpetrators, at any level, accountable under the law – whether they were present that day or were otherwise criminally responsible for the assault on our democracy.”

“The obligation to keep Americans and American democracy safe is part of the historical inheritance of this department,” Garland said. “As I have noted several times before, a founding purpose of the Justice Department was to battle violent extremist attacks on our democratic institutions.”

Notably, Garland didn’t use the words “insurrection” or “riot” to describe the events of Jan. 6 or the suspects pursued by the DOJ.

Under 18 U.S. Code § 2102, a riot is defined as “an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.”

Insurrection is also outlined by 18 U.S. Code § 2383, which says, “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”