Keith Mack
On 6 January 2021, a mob of rioters stormed the U.S. Capitol building in Washington D.C. The rioters were supporters of then-President Donald Trump, who had just lost the 2020 election to Joe Biden. The mob was violent, and some rioters were armed and wore body armour and riot gear. Many of the rioters have since been charged with crimes.
| Characteristics | Values |
|---|---|
| Seditious conspiracy | |
| Felony murder | |
| Gun-related offences | Carrying a gun in the Capitol building, possessing an unregistered firearm or unlicensed ammunition in the District of Columbia |
| Assaulting a federal law enforcement officer | |
| Armed robbery | |
| Kidnapping | |
| Overthrowing the government | |
| Unlawful entry |
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What You'll Learn
Seditious conspiracy
The crowd chanted "Fight, Fight", "Stop the steal" and "Fight for Trump" as they charged through a breached entrance. Many of the attackers employed tactics, body armour and technology similar to those of the police they were confronting. Some rioters wore riot gear, including helmets and military-style vests. A pair of rioters carried plastic handcuffs, which they found on a table inside the Capitol.
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Felony murder
The U.S. Capitol rioters could be charged with seditious conspiracy and felony murder.
To secure a felony murder conviction, prosecutors must prove that the defendant committed a felony and that a death occurred as a direct result of that felony. The specific felonies that could be used as the basis for a felony murder charge in the Capitol riots are not yet clear, but they could include crimes such as armed robbery or kidnapping, which legal experts have noted do not appear to be present in this case.
However, it is important to note that felony murder charges do not require the defendant to have intended to kill or even to have foreseen that their actions could result in death. The key element is the commission of a felony and the direct causal link between that felony and the death.
In the case of the Capitol riots, felony murder charges could be brought against individuals who committed violent acts that resulted in the death of a police officer, even if the individuals did not intend to kill the officer or even realise that their actions could lead to death. The death of the officer would be considered a direct result of the felony, and thus the individuals could be charged with felony murder.
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Gun-related offences
A Seattle man, Mark Leffingwell, was charged with assaulting a federal law enforcement officer, a federal crime. He was accused of punching a Capitol Police officer in a separate incident from the one that led to an officer's death. Several dozen individuals have been charged with unlawful entry on the Capitol grounds, which is a crime under Washington D.C. law.
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Assaulting a federal law enforcement officer
The U.S. Capitol rioters broke several laws, and prosecutors have a range of options when it comes to charging them. All of the criminal charges so far have been brought by the U.S. Attorney's Office for the District of Columbia, part of the U.S. Justice Department. These prosecutors enforce federal laws, as well as the District of Columbia's criminal code.
One of the most serious charges is assaulting a federal law enforcement officer. This is a federal crime, and several rioters have been charged with this offence. Mark Leffingwell, for example, has been accused of punching a Capitol Police officer in a separate incident from the one that led to an officer's death.
The police were overrun by a violent mob, and many of the attackers employed tactics, body armour, and technology (such as two-way radio headsets) similar to those of the very police they were confronting. Some rioters wore riot gear, including helmets and military-style vests.
It is important to note that the prosecutors may need to prove certain underlying offences such as armed robbery or kidnapping, which do not appear to be present in this case. However, it is very possible that individuals will be charged with a federal law that bans efforts to overthrow the government.
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Unlawful entry
Several dozen individuals have been charged with unlawful entry on the Capitol grounds, which is a crime under Washington D.C. law.
The rioters were seen charging through a breached entrance, with some wearing riot gear, including helmets and military-style vests. Many of the attackers employed tactics, body armour, and technology (such as two-way radio headsets) similar to those of the police they were confronting. Some rioters even wore plastic handcuffs, which they found on a table inside the Capitol.
The U.S. Attorney's Office for the District of Columbia, part of the U.S. Justice Department, has brought criminal charges so far. These prosecutors enforce federal laws, as well as the District of Columbia's criminal code. Federal prosecutors around the country could also bring charges if plans to carry out violence were made within their jurisdictions.
It is very possible that individuals will be charged with a federal law that bans efforts to overthrow the government, legal experts have said. Several different criminal statutes and theories of liability could be used against the rioters.
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Frequently asked questions
Several laws were broken by the rioters, including federal laws against carrying a gun in the Capitol building, and possessing an unregistered firearm or unlicensed ammunition in the District of Columbia.
Some rioters were charged with assaulting a federal law enforcement officer, which is a federal crime.
Legal experts have said that it is very possible individuals will be charged with a federal law that bans efforts to overthrow the government.
Several dozen individuals were charged with unlawful entry on the Capitol grounds, which is a crime under Washington D.C. law.
