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The High-Water Mark of the Jan. 6 Prosecutions -- Roger Parloff
https://www.lawfaremedia.org/article/the-high-water-mark-of-the-jan.-6-prosecutionsOn the fourth anniversary of the attack, 1,583 have been arrested and 1,270 convicted. Now how many will be pardoned?
On the fourth anniversary of the Jan. 6 Capitol siege, the Justice Department has released what may represent the high-water-mark figures for the arrests and convictions it has amassed stemming from that event—its largest investigation in history.
At least 1,583 have been arrested and 1,270 of those individuals—80 percent—have already been convicted. Of the 1,270 convicted, 1,009 pleaded guilty—64 percent of all arrested, and 79 percent of all convictions. Another 221 were found guilty at trial by juries or judges, and the remaining 40 were convicted after a hybrid procedure known as a “stipulated trial,” at which the defendant made factual concessions without admitting to their legal significance.
Of the total 1,583 arrested, according to the department’s figures, 608—or 38 percent—were charged with either assaulting or impeding federal police officers. Of those that assaulted officers, 174 were charged with an enhanced version of the crime for using deadly or dangerous weapons or for inflicting bodily harm on the officer.
The Justice Department has been releasing statistics on the Capitol siege investigation on a monthly basis since shortly after the investigation began. Its most recent release, however, also provided some additional, forward-looking information, apparently reflecting on the turning point the United States will likely be reaching on Jan. 20. On that date, the man whose election lies led to the Capitol siege, Donald Trump, will be sworn in as the 47th president. Trump is the man who summoned all of the arrested individuals to Washington, D.C., on Jan. 6, 2021, and many defendants have said they believed they were serving Trump when they committed their crimes. Trump was himself charged with four felonies in connection with his role in the events that led to and took place on Jan. 6, but Special Counsel Jack Smith dropped those charges without prejudice after Trump’s election, in deference to longstanding policy—rooted in the executive branch’s interpretation of the Constitution—barring prosecution of sitting presidents. Trump, who denies wrongdoing, has pledged to pardon a large, unspecified number of the Jan. 6 rioters, possibly as soon as the first hour of his new term.
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At least 1,583 have been arrested and 1,270 of those individuals—80 percent—have already been convicted. Of the 1,270 convicted, 1,009 pleaded guilty—64 percent of all arrested, and 79 percent of all convictions. Another 221 were found guilty at trial by juries or judges, and the remaining 40 were convicted after a hybrid procedure known as a “stipulated trial,” at which the defendant made factual concessions without admitting to their legal significance.
Of the total 1,583 arrested, according to the department’s figures, 608—or 38 percent—were charged with either assaulting or impeding federal police officers. Of those that assaulted officers, 174 were charged with an enhanced version of the crime for using deadly or dangerous weapons or for inflicting bodily harm on the officer.
The Justice Department has been releasing statistics on the Capitol siege investigation on a monthly basis since shortly after the investigation began. Its most recent release, however, also provided some additional, forward-looking information, apparently reflecting on the turning point the United States will likely be reaching on Jan. 20. On that date, the man whose election lies led to the Capitol siege, Donald Trump, will be sworn in as the 47th president. Trump is the man who summoned all of the arrested individuals to Washington, D.C., on Jan. 6, 2021, and many defendants have said they believed they were serving Trump when they committed their crimes. Trump was himself charged with four felonies in connection with his role in the events that led to and took place on Jan. 6, but Special Counsel Jack Smith dropped those charges without prejudice after Trump’s election, in deference to longstanding policy—rooted in the executive branch’s interpretation of the Constitution—barring prosecution of sitting presidents. Trump, who denies wrongdoing, has pledged to pardon a large, unspecified number of the Jan. 6 rioters, possibly as soon as the first hour of his new term.
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Long and detailed discussion on who might be pardoned or not and based on some trumpian criteria - TBD.
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