Federal law enforcement officials are privately considering whether they should let some of the individuals who stormed the U.S. Capitol this month go free of charges, according to a report from the Washington Post on Saturday.
They broke the law. The law better win, even if some (very few I hope) plead guilty to misdemeanors. They need to be confined in jail for the maximum amount of time and fines.
This shouldn’t even be under discussion. Not everyone smashing a window or looking through Pelosi’s desk may have have been captured in an image or identifiable if they were. So if the Feds don’t at least hit everyone with a trespass charge as a baseline in addition to whatever else they do have evidence for, then those rioters will walk with no penalty at all. It would send absolutely the wrong message, and encourage further violent acts.
As I understand it, the Feds have phone location data for every rioter who entered the building. Every single one of them needs to be charged, I don’t care how backed up the courts will be.
Do they have to be locked up where they were sentenced?
If not why not fine them, community service in their home town, and like some judges were doing in the aughts make them wear the striped prison garb while doing their community service.
There’s no slap on the wrist here. This was no different than burning the Reichstag. If they don’t charge these Fascist white supremacists they will feel unrestrained to foment even more violence. Their intent was to overthrow the government. They are Nazis, through and through.
I hate to introduce a bit of practicality into this discussion, but as an attorney (for 50 years) I can tell you that it is absolutely impossible to try 2,000+ folks on charges that would allow them to seek a jury trial. This would tie the DC courts up for years.
So, offer those identified who did not either lead others, engage in other misconduct, or threaten violence against named individuals either a plea bargain for trespass or a non-prosecution agreement. And go after the rest for the maximum sentences.
YOU get a conviction! And YOU get a conviction! And YOU get a conviction! And YOU get a conviction!
You’ll think twice the next time your Mom says “Go to your room.” and you road trip to DC to celebrate Insurrection Day by wilding on Congress instead.
If they are swinging flag poles to beat people, or throwing shit, or breaking stuff - you need to charge them. 800 cases is peanuts. How much is a B1 bomber, again?
The number I’ve heard quoted is more like 800, still a large group.
IANAL question: If the charge for those who weren’t seen actually causing damage is just trespass on Federal property, would that necessarily be a jury trial, or could it just be a bench trial that would be processed much faster?