The Unprecedented Response to January 6 is Not Over

What’s happening: The Department of Justice has charged more than 1,100 Americans over their actions at the January 6, 2021, Capitol riot, accusing them of collectively trying to disrupt the certification of the 2020 election. They have become part of what may be the biggest criminal investigation in U.S. history.

• Reminder: Most defendants entered the Capitol peacefully with the permission of police.

• They’re still going: The DOJ continues to track down and raid the homes of suspects — even for nonviolent or misdemeanor charges — and shows no signs of stopping. The giant caseload has been known to overwhelm the federal courts in Washington, D.C.

• Speedy trial issues: Defendants have seen trial dates delayed indefinitely, sometimes in solitary confinement, raising constitutional concerns.

• “Danger to the community”: Defendants are denied bail over minimal, even nonviolent charges.

• Biased juries: Every Jan. 6 trial is held in D.C., which voted for President Joe Biden by 92 percent in 2020. D.C. residents overwhelmingly believe “every” Jan. 6 defendant “should be convicted of insurrection,” according to polling. Judges have not granted a single request to relocate a Jan. 6 trial to ensure an impartial jury.

• Demonization: Judges and prosecutors have condemned the actions of nonviolent defendants — such as trespassing or “disorderly conduct” — as “domestic terrorism” to justify unusually harsh sentences for those offenses.

• Harsh conditions: The "Patriot Wing" in D.C.'s correctional facility has become synonymous with alleged abuses and inhumane treatment, including physical assaults specifically targeting Jan. 6 detainees.

• Systemic issues: Other prisoners claim to have been denied medical care. One was transferred out of the D.C. prison after a judge found it violated his rights by neglecting his cancer treatment.

Why it matters: Disruptive protests at the Capitol are not unprecedented. What’s happening to Trump supporters as punishment is.