Officials from the Department of Justice and the FBI are reportedly discussing whether anyone who stormed the Capitol on January 6 should be charged, and some argue that no complaints should be filed for those who do not act violently.
The Washington Post reported on the internal consultation on Saturday, referring to several people familiar with the discussions. The Post added that discussions on such a decision are in the early stages, without any formal views being taken on the matter.
The sources, who spoke on condition of anonymity to discuss legal deliberations freely, reportedly told the Post that some federal officials had expressed logistical concerns about the cases plaguing the local courthouse. Authorities estimate that about 800 people stormed the Capitol during the deadly pro-Trump riot.
Individuals have been arrested in various states in connection with the attack, but each case is being prosecuted by the U.S. Attorney’s Office for Columbia District.
As of Saturday, the Department of Justice has charged more than 135 individuals with committing crimes on or around the Capitol, with more charges expected in the coming weeks and months.
Some federal officials also internally suggested that individuals who were only known to have committed illegal entry and who were not engaging in violent behavior should be charged, according to the newspaper.
Other officials, however, have backed down against the proposal, saying it is important to use the charges to send a message that similar actions will not be tolerated in the future.
The sources told the Post that they are sensitive to the fact that the credibility of the Department of Justice and the FBI could be called into question with such a decision.
Justice Department spokesman Marc Raimondi said in an email to the Post: “There is an absolute intention on the part of the Justice Department to hold everyone who intentionally engages in criminal acts at the Capitol responsible.”
“We have consistently made it clear that we will follow the facts and evidence and prosecute individuals accordingly,” Raimondi added. “We remain confident that the U.S. District Court in Washington, DC will be able to properly handle the case related to the resulting charges.”
The Hill reached out to the Department of Justice and the FBI for further comment.
Trump supporters stormed the Capitol on January 6 after the former president encouraged a crowd at the National Mall to march to the Capitol and demand that Congress stop certifying the victory of President Biden’s Electoral College.
At the time, Congress was in the midst of discussing an objection to the election results in the state of Arizona.
Trump has repeatedly made a false claim in the past that the election was ‘stolen’ from him and that the election was ‘knee-jerk’.
Five people died amid the chaos, including a Capitol police officer who sustained injuries during the riot, as well as a woman who was shot by an ordinary officer.