GOP leaders have falsely called the Capitol insurrection “peaceful” and the rioters “tourists” in their efforts to downplay and whitewash their party’s violent reaction to losing the 2020 election. This is nonsense.
Among other things, they’ve claimed the rioters were unarmed. That’s not true either. In this video of a melee between rioters and police officers on the Capitol steps, if you look closely at the 1:28 mark, you’ll see a rioter display a handgun. Politifact reported, “Many of those involved in the attack were armed, and several had guns that police later seized” (story here). Within a week “at least 10 people” were arrested for illegal gun possession, and “these are only the people who were caught with guns that day. We’ll never know how many people brought weapons” (story here).
It’s critically important to distinguish between peaceful assembly and free speech, which are bedrock rights of American liberty .protected by the First Amendment, and criminal behavior. FBI investigators and federal prosecutors have been careful to make that distinction as they sort through the mob actions of January 6, 2021. Of more than 15,000 demonstrators, authorities have arrested and charged 570 people and are still looking for roughly 300 more.
The Capitol rioters still in jail aren’t political prisoners. They’re being kept in custody because judges have determined they’re an ongoing threat to public safety.
Prosecuting the rioters is still in its early stages. No trials have occurred yet; all verdicts to date resulted from guilty pleas, and we’re just now getting a glimpse of the punishments awaiting Capitol rioters, which vary depending on what they did in the riot.
In general, prosecutors and judges are letting non-violent trespassers get off with misdemeanors punished by fines, probation and community service, or at most a few months of jail time.
The first guilty plea to more serious crimes came on Friday, August 6, 2021, when a rioter pleaded guilty to felony charges that include assaulting police officers. He hasn’t been sentenced yet, but “the plea agreement states that the sentencing guidelines call for between 41 months minimum and 51 months maximum imprisonment,” although his lawyer can request less (story here). If his sentence falls within that range, that may suggest that violent rioters who attacked police and caused property damage can expect to serve 3 to 4 years in prison.
The FBI and prosecutors have focused their most intensive efforts on two groups, Oath Keepers and Proud Boys, they believe organized and instigated the mayhem. It’s reasonable to expect they, if convicted, will get even more time. So will (or should) the zip-tie guys. It’s tough to make predictions, but some of those sentences might go into double digits.
Some people will think even that is light for people who tried to overthrow our government and threatened to kill its leaders. The events of January 6, 2021, have been rightly called the most destructive attack on the Capitol since the War of 1812, but this time not by a foreign enemy but by enemies from within. Earlier this week, a federal judge made short work of a rioter’s claim he was a “patriot” and was motivated by “patriotism” and “loyalty” (see article here). The rioters bear no resemblance to those who defend our country and its founding principles; they attacked it, and they fully deserve to be labeled criminals.
Their punishments should fit the specific crimes they committed. Those who assaulted and injured police, and threatened the lives of public officials, should do serious prison time.