The Long Road to Justice: Understanding the Challenges of Holding Accountable Everyone Involved in the January 6 Incident
The US legal system is facing challenges in dealing with the individuals who stormed the Capitol on January 6, 2021, in support of former President Donald Trump With ongoing legal challenges, the possibility of presidential pardons, and the FBI still searching for hundreds of people, it may take a long time, if ever, for everyone involved to be punished
As the United States prepares for another contentious presidential election, the legal system continues to struggle with determining how to address the numerous individuals who breached the US Capitol on January 6, 2021, in an effort to maintain former President Donald Trump's position in the White House.
More than 1,200 Americans have been criminally charged for their purported involvement in the riot, with the Justice Department reporting that over 890 individuals have been convicted of federal crimes. Of those convicted, more than half have received prison sentences.
Trump, facing criminal charges for his post-election behavior, persistently promotes unfounded claims of election fraud and is once again seeking the presidency. Three years later, law enforcement and federal judges are still dealing with the aftermath of the largest criminal investigation in American history, while the public grapples with the impact of the assault on US democracy on the country's laws and politics.
Attorney General Merrick Garland declared on Friday that the Justice Department is committed to holding all individuals involved in the January 6 assault on the Capitol accountable under the law, regardless of their level of involvement or presence on that day. However, there are potential obstacles that could hinder this process.
FBI is still looking for hundreds of people
In response to the riot, the FBI and the Justice Department initiated one of the most extensive law enforcement investigations in US history. This led to the conviction of hundreds of individuals for offenses including trespassing on Capitol grounds and seditious conspiracy.
Three years on, only a small number of the thousands of people who breached Capitol grounds that day have been charged by investigators. US Attorney for the District of Columbia Matthew Graves stated on Thursday that prosecutors have mainly targeted those who entered the building or engaged in violent or corrupt conduct on Capitol grounds.
There are still thousands of images on the FBI's "Most Wanted" site of individuals accused of participating in the attack, with over 80 people wanted for acts of violence at the Capitol. One individual who has not been arrested is the person who placed pipe bombs near the Republican National Committee and Democratic National Committee headquarters in Washington, DC, the night before the riot. Law enforcement agencies are offering a reward of up to $500,000 for information leading to the arrest of that person.
Possibility of presidential pardons
During his election campaign and in legal proceedings, Trump has adamantly promoted lies about the riot - even going to the extent of expressing solidarity with the convicted rioters, labeling them as "political prisoners" of the Biden administration.
During his town hall on CNN in May, the former president, who is currently facing charges linked to the January 6 Capitol attack and attempts to undermine the election, assured that he would grant a pardon to a "significant number" of January 6 rioters "right at the beginning" if he were to be reelected.
"I am inclined to grant pardons to many of them," stated Trump. "I cannot guarantee every single one, as a few may have crossed a line."
If Trump wins the 2024 election, he would have the power to pardon individuals, according to Jeffrey Crouch, an assistant professor at American University and author of "The Presidential Pardon Power." Crouch explained that the president can pardon specific individuals or issue a proclamation that covers a group of offenders and specifies the laws broken and the time frame of the pardon.
Other presidents, such as Joe Biden, have also granted mass pardons in the past, including pardoning all prior federal offenses of simple marijuana possession. "The most well-known instances are the Civil War and Vietnam War amnesties," Crouch remarked.
Legal challenges to some charges are ongoing
Several other Republican candidates have also suggested the possibility of pardoning the rioters if they were to become president. This week, Florida Gov. Ron DeSantis announced that, if elected, individuals who were convicted for their involvement in the events of that day would have the opportunity to seek pardons and clemency under his administration.
The Supreme Court will be reviewing whether a federal obstruction law can be applied to prosecute certain individuals connected to the January 6 mob, a decision that could impact Trump's own case related to election subversion in DC.
The law in question criminalizes corruptly obstructing an official proceeding and has been used to charge numerous pro-Trump rioters attempting to halt the certification of Biden's 2020 electoral college victory. It has also been used to charge the former president for his alleged attempts to retain power.
A federal judge in DC dismissed the obstruction charge against several January 6 defendants, claiming that their actions did not directly target tampering with records, documents, or other items related to an official proceeding, which is the typical use of the law. However, the federal appeals court in DC overturned the decision, and the justices are set to determine the extent of the obstruction law in a case involving defendant Joseph Fischer.
Fischer's lawyers have informed CNN that he has pleaded not guilty to multiple crimes connected to the January 6 attack. They firmly believe that the statute does not apply to his actions.
According to Jeffrey Green, Fischer's lawyer, the historical context and purpose of the statute was to deter individuals from destroying or impairing evidence in connection with an investigation or congressional inquiry. He emphasized that the statute does not criminalize the disruption of the ordinary course of government business.
If the Supreme Court rules in favor of their client, Green stated that the first impact would be the dismissal of several pending charges against some January 6 defendants. Ulrich mentioned that which cases are dismissed depends heavily on the specific defendant and the facts of their actions. According to DC's US attorney's office, of the hundreds of individuals convicted for their actions that day, two dozen people have been convicted solely on the obstruction charge.
The impact of the high court's decision to overturn the Justice Department's use of the obstruction statute on special counsel Jack Smith's case against Trump is still uncertain. "I believe that our stance would likely complicate Jack Smith's prosecution on the same charge," Green commented.
