Criminal proceedings in the January 6 United States Capitol attack

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FBI poster seeking information on violence at the Capitol published January 6, 2021
January 6 United
States Capitol attack
A gallows (top) and a crowd of attackers amid a cloud of tear gas (bottom) outside the Capitol on January 6, 2021
Timeline of events
Background
2020 presidential election
and other causes
Related groups and persons
Participants
List
Law enforcement response
Aftermath
Biden inauguration
Investigations and charges
Corporate actions
Reactions
Impeachment
  • v
  • t

On January 6, 2021, supporters of President Donald Trump attempted to overturn his election loss to Joe Biden by attacking the U.S. Capitol, disrupting the joint session of Congress assembled to count electoral votes to formalize Joe Biden's victory.[1] By the end of the month, the Federal Bureau of Investigation (FBI) had opened more than 400 case files and issued more than 500 subpoenas and search warrants related to the riot.[2] The FBI also created a website to solicit tips from the public specifically related to the riot[3] and were especially assisted by the crowdsourced sleuthing of a group that calls themselves "Sedition Hunters."[4] By the end of 2021, 725 people had been charged with federal crimes.[5][6] Those prosecutions are handled by the U.S. Attorney’s Office in Washington, D.C.[7]

On January 7, 2021, Michael R. Sherwin, the interim United States Attorney for the District of Columbia, said rioters could be charged with seditious conspiracy or insurrection.[8] He further suggested that Trump could be investigated for comments he made to his supporters before they stormed the Capitol and that others who "assisted or facilitated or played some ancillary role" in the events could also be investigated.[8] Early on, the majority of charges filed were for disorderly conduct and unlawful entry,[9] but eventually, some people were charged with seditious conspiracy.

Also on January 7, 2021, House Homeland Security Committee Chairman Bennie Thompson said that any rioter who entered the Capitol should be added to the federal No Fly List.[10] Former acting FBI director Andrew McCabe and inspector general David C. Williams argued Trump could face criminal charges for inciting the riot.[11]

Many have been charged with assault on law enforcement officers; "violent entry and disorderly conduct on Capitol ground";[12] trespassing; disrupting Congress; theft or other property crimes; weapons offenses; making threats; and conspiracy.[13] Some criminal indictments are under seal. The majority of cases are in federal court, while others are in D.C. Superior Court.[14]

Criminal investigations[]

Days after the attack, D.C. Attorney General Karl Racine said he was specifically looking at whether to charge Donald Trump Jr., Rudy Giuliani and Mo Brooks with inciting the violent attack on the Capitol, and indicated that he might consider charging Donald Trump when he has left office.[15] Calls for Trump to be prosecuted for inciting the crowd to storm the Capitol also were made in the aftermath of the event.[16] D.C. Mayor Muriel Bowser said, "We saw an unprecedented attack on our American democracy incited by the United States president. He must be held accountable. His constant and divisive rhetoric led to the abhorrent actions we saw today."[17] Legal experts have stated that charging Trump with incitement would be difficult under Brandenburg v. Ohio (1969), the Supreme Court ruling which established that for speech to be considered criminally inciting, it must have been intended to incite "imminent lawless action" and "likely to incite or produce such action".[18]

On January 7, 2021, Michael Sherwin, interim U.S Attorney for the District of Columbia, expressed willingness to charge any Capitol Police officer found to have assisted the rioters.[19]

On February 10, 2021, CNN reported that the FBI, investigating the death of Brian Sicknick, was in the process of narrowing down a list of potential suspects.[20] On February 26, the agency reportedly identified one suspect of focus, according to sources.[21]

In March 2021, Sherwin said "almost all" of the cases charged in federal court involved "significant federal felonies" with sentences between five and twenty years.[12]

The New York Times reported in March 2021 that the FBI was investigating communications between an unnamed associate of the White House and an unnamed member of Proud Boys during the days prior to the incursion. The communications had been detected by examining cellphone metadata and were separate from previously known contacts between Roger Stone and Proud Boys.[22]

On March 2, 2022, the congressional committee investigating the January 6 attack stated in a court filing that they had enough evidence for "a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy". The congressional committee cannot open criminal investigations, but the Justice Department is investigating Trump and his allies for criminal attempts to overturn the election.[23][24]

On November 18, 2022, United States Attorney General Merrick Garland named Jack Smith as special counsel to investigate the January 6 attack and Trump's handling of government documents.[25]

Notable sentences[]

On March 8, 2022, the first criminal trial involving one of the rioters, Guy Reffitt, ended with a jury conviction.[26] Reffitt was subsequently sentenced to 87 months in federal prison.[27]

On August 11, 2022, Thomas Robertson was sentenced to seven years and three months in prison.[28]

On August 26, 2022, Howard Richardson was sentenced to 46 months in prison followed by three years of supervised release. He had struck a police officer three times with a flagpole, hard enough to break the flagpole. He had been arrested in November 2021 and had pleaded guilty in April 2022.[29]

On September 1, 2022, Thomas Webster was sentenced to 10 years in prison.[30]

On October 27, 2022, Albuquerque Cosper Head was sentenced to seven years and six months (90 months) in prison. He had dragged Metropolitan Police Department officer Mike Fanone into the mob.[31]

Investigations into alleged foreign involvement and payments[]

On December 8, 2020, French programmer Laurent Bachelier gave around $500,000 in bitcoin payments to alt-right figures and groups. About half of these funds went to Nick Fuentes, the leader of the online Groyper Army, who denied breaching the building. The day after the transfer, Bachelier killed himself.[32][33] The FBI is investigating whether any of this money financed illegal acts.[34]

The FBI is also investigating whether foreign adversaries of the U.S. – governments, organizations or individuals – provided financial support to people who attacked the Capitol.[34]

Separately, a joint threat assessment issued by the FBI, DHS, and other agencies said that "Russian, Iranian, and Chinese influence actors have seized the opportunity to amplify narratives in furtherance of their policy interest amid the presidential transition" and that these governments, through state actors, state media, and their proxies, used the riots to promote violence and extremism in the United States, denigrate American democracy, and in some instance promote conspiratorial claims.[34]

Numbers of people involved[]

An FBI bus stop sign in Washington seeking information for violence at the Capitol

About 2,000 people "are believed to have been involved with the siege," the FBI told Congress in June 2021.[35][36]

The day after the storming of the Capitol, the FBI and D.C.'s Metropolitan Police Department asked the public for help identifying the rioters.[37][38] Within three weeks, the FBI had received more than 200,000 digital media tips from the public.[14][2] At least one person was harassed after being incorrectly identified as a participant in the riots by members of the public. His personal information had been doxed, and he reported receiving harassing phone calls and posts on social media.[39]

In a press conference on January 12, 2021, Steven D'Antuono from the FBI announced the agency's expectation to arrest hundreds of people in the coming months, as it sorts through the vast amount of evidence submitted by the public. The charge brought against most rioters would likely include accusations of sedition and conspiracy.[40]

On January 8, 2021, the Justice Department announced charges against 13 people in connection with the Capitol riot in federal district court, while more had been charged in the Superior Court of the District of Columbia.[41][42] Three days later, the FBI and the Department of Justice were working to track down over 150 suspects. Acting Attorney General Jeffrey A. Rosen instructed federal prosecutors to send all cases back to DC for prosecution.[43]

As of January 13, 2021, over 50 public sector employees and elected officials and over a dozen Capitol police officers were facing internal investigations to determine their possible complicity in the riot.[44]

As of October 2021, approximately 250 people were still wanted for assaulting police officers.[45]

Demographics[]

Many participants were tied to extremist or fringe movements,[46] including the Proud Boys, Oath Keepers, Three Percenters, Patriot Front,[47] Texas Freedom Force,[12] Super Happy Fun America, Woodland Wild Dogs, and America First Bruins.[48] About a third of defendants had ties to such groups, according to a June 2022 estimate.[48]

The majority, however, were not affiliated with a specific far-right group and had been more informally radicalized by right-wing Internet, social media, or television.[47][49] At least 15% had ties to the military or law enforcement.[46] About 40% were business owners or white-collar workers; only about 9% were unemployed.[47] A Washington Post review of public records showed that of defendants with enough information to identify financial histories, almost 60% had experienced financial problems over the preceding 20 years.[47] Some 18% had a past bankruptcy (nearly double the rate of the general public), 20% had prior eviction and foreclosure proceedings, 25% had been sued by a creditor for not paying money owed; and others had bad debt, delinquent taxes, or tax liens.[47] Many clearly expressed a belief in the QAnon conspiracy theory.[13] While the majority of those charged were men, 25 women were also charged.[12] Among those whose age was known, the average age was 41 years; the youngest charged was 18, and the oldest was 81.[12][50] Those who were arrested came from 47 states, with the largest numbers coming from Texas, New York, Florida, and Pennsylvania.[12] At least 27 had previous criminal records;[49] with at least nine having been previously accused of, or convicted of, committing violence against women (including one who had served five years in prison for rape and sexual battery), or had been the subject of domestic violence restraining orders.[51]

By the end of February 2021, CNN was aware of "nearly a dozen" defendants who admitted that, to their knowledge, the other Capitol rioters were all Trump supporters and that the riot had not been (as Trump's lawyers and some congressional Republicans had attempted to claim) a left-wing "false-flag" performance to pin blame on Trump supporters.[52] On March 2, FBI Director Chris Wray testified before the Senate Judiciary Committee that there was no evidence that the rioters had been faking their support for Trump.[53]

Arguments raised by defendants[]

By the end of August, according to CNN's tally, crowdfunding campaigns had raised over $2 million (combined) for the legal defenses of dozens of defendants.[54]

Inspired by Trump[]

Within weeks, several defendants had already used the comments of President Trump in their legal defenses.[55][56] One said, "I feel like I was basically following my president. I was following what we were called to do."[57] A month after the riot, an ABC News investigation found that, of about two hundred accused individuals facing federal charges, at least fifteen had claimed that they acted based on Trump's encouragement. A person who threatened to assassinate Representative Ocasio-Cortez during the riot said: "I believed I was following the instructions of former President Trump. I also left Washington and started back to Texas immediately after President Trump asked us to go home."[58] In February 2021, a lawyer for Jacob Angeli told CNN that Trump had inspired the storming of the Capitol using "Trump Talk" and propaganda. Angeli hung on Trump's every word as did millions of other Americans, the lawyer said, adding that Angeli's experience in police custody resembled being deprogrammed from a cult.[59]

In January 2022, the New York Times reported that federal prosecutors were asking defense attorneys of indicted rioters if their clients would admit in sworn statements that they stormed the Capitol believing Trump wanted them to stop Pence from certifying the election. One member of Proud Boys who pleaded guilty said he had conspired with other members to "send a message to legislators and Vice President Pence." Another rioter stated in her guilty plea that she marched on the Capitol specifically after hearing Trump encourage Pence to "do the right thing."[60] In April 2022, a defense lawyer for one of the rioters told jurors that Trump had been "using his position to authorize this assault."[61]

Ignorance[]

By February 2021, at least 39 criminal defendants claimed in court filings that they believed that they were free to enter the Capitol during the riot, as law enforcement officers did not attempt to stop them from entering and never told them they were not allowed to enter the building.[62]

One defendant, Timothy Hale-Cusanelli (a New Jersey right-wing extremist who had previously dressed as Hitler), was the fifth January 6 defendant to go to a jury trial. He testified in his May 2022 trial that he was an "idiot" who had not known that Congress met at the Capitol, despite having also testified that he was a "history buff" who closely tracked the electoral college process.[63] The jury convicted Hale-Cusanelli on all five counts, and after the verdict was rendered Judge Trevor N. McFadden said he would consider giving a sentencing enhancement to Hale-Cusanelli because of the "highly dubious" nature of his testimony.[63] At the September 2022 sentencing hearing (in which Hale-Cusanelli was sentenced to four years), McFadden said that Hale-Cusanelli had lied under oath, telling him, "You absolutely knew what you and others were doing."[64]

Trump's consideration of presidential pardon[]

Several, including Jacob Angeli, reportedly hoped for Presidential pardons before Trump left office.[65] During the two weeks following the attack and before he left office, Trump seriously considered a blanket pardon. It was deemed unfeasible because it would apply to a large, undefined group of people, many of whom had not yet been charged nor even identified. Concern was also expressed that White House counsel Pat Cipollone might quit if Trump were to attempt a blanket pardon.[66] On January 29, 2022, when over 760 people had been charged,[67] Trump said at a Texas rally that he would be inclined to pardon the rioters if he were reelected in 2024.[68] He repeated the promise at a Tennessee rally in June 2022.[69] In November, four days before the midterm elections, he said: “Let them all go now!”[70]

Representative Adam Schiff, who serves on the House committee investigating the attack, told MSNBC in February 2022 that Trump's offer of pardons suggests that he "condoned" the violence.[71] Representative Pete Aguilar, who is also on the committee, told CNN the same day that he considers Trump's offer to be witness tampering.[72]

Specific arrests and charges[]

Interim United States Attorney Michael R. Sherwin holds a press conference on criminal charges related to the events at the Capitol

Seditious conspiracy[]

On March 2, 2022, Oath Keeper Joshua James pleaded guilty to seditious conspiracy, admitting in his plea that "from November 2020 through January 2021, he conspired with other Oath Keeper members and affiliates to use force to prevent, hinder and delay the execution of the laws of the United States governing the transfer of presidential power."[73][74]

On June 6, 2022, five members of the Proud Boys—their leader Enrique Tarrio, together with Joseph Biggs, Zachary Rehl, Ethan Nordean and Dominic Pezzola—were indicted for seditious conspiracy.[75]

Other[]

A list of Capitol breach cases is being kept updated by the US Attorney's Office, District of Columbia.[76] BuzzFeed has a searchable table of the plea deals.[77]

Most defendants face "two class-B misdemeanor counts for demonstrating in the Capitol and disorderly conduct, and two class-A misdemeanor counts for being in a restricted building and disruptive activity," according to BuzzFeed, and therefore most plea deals address those misdemeanors. Some defendants have been additionally charged with felonies.[78]

By February 1, 2021, 228 people from 39 states and DC had been charged with federal and/or DC offences.[79] By early September, there were over 600 federal defendants, 10% of whom had pled guilty,[80] and hundreds more arrests expected to come.[81] By October 13, there were over 630 federal defendants and 100 guilty pleas.[77] By January 29, 2022, 761 people had been charged.[67] As of November 10, 2022 at least 948 people have been charged.[82]

According to Politico, dozens of defendants "deemed to be dangerous, flight risks or at high risk of obstructing justice were ordered held without bond. D.C. jail officials later determined that all Capitol detainees would be placed in so-called restrictive housing."[83] U.S. Senator Elizabeth Warren criticized this decision, referring to it as solitary confinement, which she argued "is a form of punishment that is cruel and psychologically damaging.”[83]

Arrest
date 		Name Charg. Pleas Judgment Notes
Ryan Keith Ashlock Guilty to one count of entering and remaining in a restricted building or grounds Sentenced to 70 days in jail and a $500 fine[84]
Robert Ballesteros Guilty – the single charge. Sentenced to 36 months probation, 40 hours of community service and $500 restitution.[85]
January 29, 2021 Dawn Bancroft Guilty – one charge: Parading, Demonstrating, and Picketing in a Capitol Building.[86]
The other charges are dismissed. 		In July 2022, she was sentenced to 60 days in jail, 3 years probation, and 100 hours of community service.[87] The 59-year-old woman from Doylestown, Pennsylvania, and Bucks County gym owner, who recorded a video during the attack on Jan 6 mentioning doing her part in breaking into the Capitol. In the video, not posted to social media or "meant for mass distribution", she remarked about the goal of shooting House Speaker Pelosi "in the friggin head" while exiting the building,[88] after being inside for only about a minute.[86] The video was forwarded to the FBI by an acquaintance of Bancroft's.[86] There was no evidence that privately she, or friend Santos-Smith, possessed a gun on their person on the day of the attack. Assistant U.S. Attorney Sean Murphy did not pursue charges of threatening a member of Congress.[86]

U.S. District Judge Emmet G. Sullivan accepted the pleas from both Bancroft and Santos-Smith, despite initial reservations.[86]

Richard Franklin Barnard III Guilty – one count of: Parading ... in a Capitol Building. The remaining charges were dismissed. Sentenced to 12 months probation, 30 days of home confinement, 60 hours of community service, and $500 restitution.[89]
January 8, 2021 Richard Barnett Not Guilty – all charges. A 60-year-old man from Gravette, Arkansas.[90] He was photographed with his feet on House Speaker Nancy Pelosi's desk during the storming of the Capitol.[91][92][93][94] He was extradited to DC to face trial and jailed by federal judge Beryl Howell on January 28.[41][95][96][97]
Kevin Sam Blakely Guilty – one charge: Parading ... in a Capitol Building.
The other charges are dismissed. 		Sentenced to 120 days in jail, 18 months probation, and $500 in restitution[98]
January 10, 2021[90] Larry Rendall Brock Not Guilty – all charges 53-year-old retired Air Force lieutenant colonel from Grapevine, Texas. One of the two men seen carrying plastic handcuffs as they moved through the Capitol, he was wearing a tactical vest and a green combat helmet. Brock had previously identified himself to The New Yorker and claimed he "found the zip-tie handcuffs on the floor".[99]
Terry Lee Brown Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced to 30 days of home detention and three years of probation[100]
January 19, 2021 Thomas Edward Caldwell Not Guilty – all charges Member of Oath Keepers. One of the three who were indicted for conspiracy for planning their activities, alongside Jessica Watkins and Donovan Crowl.[101][102][103]
Boyd Allen Camper Guilty – one charge: Parading ... in Capitol Buildings. The other charges have been dropped. Sentenced to 60 days in jail and $500 restitution[104]
January 9, 2021[90] Jacob Anthony Chansley
(Jake Angeli; QAnon Shaman) 		Guilty – one charge: Obstruction of an Official Proceeding.
The other charges were dropped. (September 3, 2021)[105] 		41 months in jail. Date: November 17, 2021[106][107] Pictured in many widely shared photos shirtless, wearing facepaint and a horned fur headdress, and carrying a spear.[41] Angeli's lawyer claimed that Angeli believed himself to have acted "at the invitation of our president," since Trump had stated at the rally that he would accompany protesters to the Capitol (though he ultimately did not), and that Trump therefore ought to pardon Angeli directly.[108] On January 14 prosecutors alleged that his participation was part of a failed plot "to capture and assassinate elected officials."[109]
February 25, 2021[110] Luke Russell Coffee Not Guilty – all charges Actor, resident of Dallas, accused of assaulting police officers with a crutch.[111] He was hiding out for six weeks at a luxury resort in the Texas Hill Country, whose owner was sympathetic to the rioters and described them on social media as being victims of a media smear campaign.[112]
January 6, 2021 Lonnie Leroy Coffman Not Guilty – all charges In April 2022, he was sentenced to 46 months in prison followed by three years of supervised release.[113] 70-year-old resident of Falkville, Alabama.[90] He allegedly parked a pickup truck two blocks from the Capitol containing eleven homemade incendiary devices (described as "Mason jars filled with homemade napalm" intended to "stick to the target and continue to burn" in court filings),[114] an AR-15 style rifle, a shotgun, two pistols, a crossbow, a stun gun, and camo smoke canisters.[115][116][117] Court documents said that upon being stopped by police, the man "asked officers whether they had located the bombs", and prosecutors also "suggest[ed] an intent to provide [weapons] to others".[115] Authorities also found handwritten notes listing "purported contact information" for Ted Cruz (R), Fox News host Sean Hannity, and radio host Mark Levin, as well as a list of "bad guys" including Seventh Circuit judge David Hamilton and Rep. André Carson (D–IN), who was referred to as "one of two Muslims in the House".[117]
Josiah Colt Guilty – one charge: Obstruction of an Official Proceeding.
The other charges are dismissed. (July 14, 2021)[118] 		He has agreed to cooperate with authorities and sentencing will occur at a later date. 34-year-old man from Boise, Idaho, photographed hanging from the Senate balcony during the rampage, was listed as a person of interest by the Metropolitan Police Department of the District of Columbia;[119][120][121] he deleted his social media accounts following the riots, and issued an apology.[119]
Kevin Francisco Cordon Guilty – one charge: Entering ... Restricted Building or Grounds.
The other charges were dismissed. 		Sentenced to 12 months probation, 100 hours of community service, $4,000 fine, $500 restitution[122]
Sean Carlo Cordon Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced to one month probation and a $4,000 fine[123]
Gracyn Dawn Courtright Guilty – one charge: Entering ... Restricted Building or Grounds.
The other charges were dismissed. 		Sentenced to one month in prison, supervised release for one-year, 60 hours of community service, and $500 in restitution[124]
Dalton Ray Crase Guilty – one charge: Parading ... in a Capitol Building.
The other charges are dismissed. 		Sentenced to three years of probation, 15 days of confinement, 60 hours of community service and $500 in restitution[125]
January 19, 2021 Donovan Ray Crowl Not Guilty – all charges Member of Oath Keepers. One of the three who were indicted for conspiracy for planning their activities, alongside Jessica Watkins and Thomas Edward Caldwell.[101][102][103]
Karl Dresch Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Time Served (6 months) with no term of supervised release imposed. Special Assessment of $10.00 and Restitution in the amount of $500.00 was imposed. Defendant was released. Date: August 5, 2021 Remained in custody until he pled guilty to a misdemeanor and was released due to time served.[126][127]
Scott Kevin Fairlamb Guilty – two felony charges: Obstruction of an Official Proceeding; and Assaulting ... Certain Officers.
The other charges are dismissed. (August 6, 2021) 		41 months in jail. Date: November 10, 2021 Gym owner and martial arts instructor from New Jersey. First participant to plead guilty to assaulting a Capitol Police officer (along with Devlyn D. Thompson).[128] His sentence was the longest of the 32 sentences issued up to that point.[129][76]
February 4, 2021 Kyle Fitzsimons Not Guilty – all charges Found guilty of all charges on September 27, 2022, following a bench trial[130][131]
January 13, 2021 Jacob Fracker Not Guilty – all charges One of the two police officers belonging to Virginia's Rocky Mount Police Department who allegedly attended the riot off-duty and posted a picture of themselves inside the Capitol on social media, writing they were "willing to actually put skin in the game and stand up for their rights".[132]
April 23, 2021 Kevin Louis Galetto Not Guilty – all charges 61-year-old engineer and conservative activist from Westminster, California, arrested by the Los Angeles office of the FBI on charges that include the assault of a police officer during the January 6 riot.[133] According to the FBI's charging documents, the suspect allegedly called for more rioters to enter the tunnel of the Capitol before entering himself, where he engaged in a confrontation with a Capitol Police officer who's body camera captured the man. The scuffle resulted in the officer being knocked down and losing his helmet.[134][133]
January 15, 2021 Tim Gionet
("Baked Alaska") 		Far-right activist, arrested by the FBI in Houston, Texas.[135][136]
January 18, 2021 Simone Gold Not Guilty – all charges Physician, attorney, author, and founder of America's Frontline Doctors, an American right-wing political organization known for spreading misinformation about the COVID-19 pandemic. Arrested at her home in Beverly Hills, California.[137]
Mark Grods Guilty – Conspiracy and Obstruction Of An Official Proceeding. (June 30, 2021) Third member of the Oath Keepers to plead guilty for his role in the riot.[138]
Timothy Louis Hale-Cusanelli Not Guilty – all charges Found guilty of all charges in a jury trial.[139] Sentenced to 48 months in prison, three years of supervised release, and $2,000 restitution.[140]
Bruce J. Harrison Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced to two years of probation and 60 hours of community service[141]
Albuquerque Cosper Head Pleaded guilty to assaulting officer Michael Fanone Sentenced to 90 months in prison[142]
Jacob Gavin Hiles Guilty – one charge: Parading ... in the Capitol Buildings. Sentenced on December 6, 2021 to 24 months of probation, 60 hours of community service, and $500 restitution.[143]
Paul Allard Hodgkins Guilty – Obstruction of an Official Proceeding;
The other charges were dismissed. 		8 months in prison and 24 months of supervised release; $100 special assessment; and $2,000 restitution. Date: July 19, 2021 The judge said: "That was not, by any stretch of the imagination, a protest.... It was ... an assault on democracy;" and: "If we allow people to storm the United States Capitol, what are we doing to preserve our democracy?"[144] This sentence was less than the 15-month sentence recommended by the prosecution.[145]
January 9, 2021 Douglas Austin Jensen Not Guilty – all charges Seen in a video aggressively leading a mob up the stairs to the second floor of the Capitol. The mob was diverted by Capitol Police officer Eugene Goodman, who was awarded for this act.[41]
Adam Christian Johnson Sentenced to 75 days in jail, followed by a year of supervised release, 200 hours of community service, a $5,000 fine, and $500 in restitution.[146] 36-year-old man from Parrish, Florida,[90] who was photographed carrying a lectern from Nancy Pelosi's office.[147][148][149] The Miami Herald reported he had posted on social media comments that "disparaged the Black Lives Matter movement" and police "who defend First Amendment protected rights".[150]
January 16, 2021 Chad Barrett Jones Not Guilty – all charges 42-year-old man from Coxs Creek, Kentucky, accused of breaking the window that Ashli Babbitt tried climbing through before being shot. He was arrested in Louisville charged with assaulting a federal officer, destroying government property worth over $1000, unlawfully entering a restricted building, violent entry and disorderly conduct.[151] Per the affidavit, he is seen in a video wearing a gray sock cap and a jacket with a red hood, striking at the window with a wooden flagpole.[152] A relative identified him to the FBI, stating that he had gone to a Trump rally in Washington, D.C. in the past too and learnt of his plans for travel through Facebook. The affidavit also states the man admitted to a friend on January 7 that he had broken a window.[153]
March 26, 2021[154] David Lee Judd Not Guilty – all charges 35-year-old man from Carrollton, Texas. Court documents show him wearing a "Make America Great Again" hat; he was seen on video handling riot gear that had been stolen from police and verbally instructing others to continue dispersing them.[155] He is also accused of lighting and throwing a firecracker at police.[156]
January 14, 2021 Klete Keller Guilty – one charge: Obstruction of an Official Proceeding. Former Olympic gold medalist swimmer. He turned himself in to officials. He had been identified by his height, 6 ft 6 in (198 cm), and by wearing an official US Olympic team jacket without obscuring his face.[157][158]
March 14, 2021 Julian Elie Khater Not Guilty – all charges 32-year-old man from Pennsylvania. One of the two men charged in connection with the death of Brian Sicknick.[159] Court records show that the men, who had grown up together in New Jersey[160] allegedly worked together to spray the officers with a toxic chemical that temporarily blinded them.[161]
March 5, 2021 Federico Guillermo Klein Not Guilty – all charges A former U.S. State Department official, appointed during the Trump administration. The first known Trump administration official to be tried in relation to the events of January 6. According to his arrest affidavit, the suspect allegedly fought a line of police officers and used a police-issued riot shield to wedge an entrance open for other rioters.[162]
October 7, 2021 James Phillip Mault Sentenced to 44 months in prison, three years of supervised release, $2,000 restitution.[163] Specialist; joined the Army in May 2021. Arrested at Fort Bragg and charged with multiple violent crimes. Accused of pepper-spraying law enforcement.[164]
January 7, 2021[90] Cleveland Grover Meredith Jr. Guilty – one charge: Interstate Communication of Threats. 28 months in jail. Date: December 14, 2021[165] From Colorado. Alleged to have brought a compact Tavor X95 rifle, two handguns, a "vial of injectable testosterone", and about 320 rounds of armor-piercing ammunition. He allegedly texted acquaintances that he was "gonna run that cunt Pelosi over while she chews on her gums" or "[put] a bullet in her noggin on [l]ive TV", that he "may wander over to [D.C. mayor Muriel Bowser]'s office and put a 5.56 in her skull",[132] and that he "predict[s] that within 12 days, many in our country will die", as well as later texting a photo of himself in blackface.[114][116] He had previously protested outside of Georgia governor Brian Kemp's home.[114]
April 21, 2021 Jalise Middleton Not Guilty – all charges From Forestburg, Texas. Arrested together with her husband (Mark Middleton), by the Dallas office of the FBI on charges that include the assault of multiple police officers during the Capitol attack.[133] Body camera footage from the police show that the couple were both wearing Trump campaign hats[166]
April 21, 2021 Mark Middleton Not Guilty – all charges From Forestburg, Texas. Arrested together with his wife (Jalise Middleton), by the Dallas office of the FBI on charges that include the assault of multiple police officers during the Capitol attack.[133] An FBI report said he had posted a message to Facebook on the day of the incident that referenced the rioters "taking back our house" and concluded with the refrain of "Make America Great Again".[167]
March 6, 2021 Roberto A. Minuta Not Guilty – all charges 36-year-old member of Oath Keepers from Hackettstown, New Jersey, acted as a bodyguard to Roger Stone the morning of the insurrection.[168]
October 20, 2021 Landon Bryce Mitchell Bragged about being “one of the very first” to breach the Capitol, looked inside a senator's desk on the Senate floor, and posed for a photo with Jake Angeli (the "QAnon Shaman"). He had said he expected that the mask he wore at the Capitol would hide his identity; however, another man, arrested July 29 for his participation at the Capitol, identified him to authorities.[45]
January 12, 2021 Aaron Mostofsky Not Guilty – all charges Sentenced to eight months in prison, followed by 12 months of supervised release, including 200 hours of community service and $2,000 restitution.[169] 34-year-old son of a Kings County Supreme Court judge, arrested in Brooklyn; he had been seen carrying a Capitol Police riot shield and also told the New York Post "the election was stolen".[170]
January 10, 2021[90] Eric Gavelek Munchel Not Guilty – all charges Aged 30, from Nashville, Tennessee. One of the two men seen carrying plastic handcuffs as they moved through the Capitol. He was pictured in a black cap and holding a fistful of zip ties as he jumped over railing in the Senate gallery. He attended the riot with his mother. He told the Sunday Times the Capitol storming "was a kind of flexing of muscles" and that "the point of getting inside the building is to show them that we can, and we will."[99]
In a Jan 24 court filing, federal prosecutors asserted that evidence showed that he engaged in "obstructing Congress, interstate travel in furtherance of rioting activity, sedition and other offenses." Federal judge Beryl A. Howell reversed a previous lower court decision that granted conditional release and ordered him to be transferred to Washington for further hearings.[171]
November 11, 2021[172] Gregory Lamar Nix
January 7, 2021 Nicholas Ochs Not Guilty – all charges The leader of a Proud Boys group in Hawaii.[173]
January 13, 2021[132][174] Robert Keith Packer Not Guilty – all charges 56-year-old man was arrested in Newport News, Virginia. He had been photographed in a sweatshirt with the anti-Semitic words "Camp Auschwitz", a "death's head" insignia, and the slogan "work sets you free", a phrase notoriously placed at the entrances of a number of Nazi concentration camps.[175] He has been described as a long-time extremist who wore the sweatshirt regularly.[176] Footage of him caused worldwide outrage,[177][178] as the shirt he was wearing was the most overt sign of antisemitism seen inside the Capitol during the riot.[179][180] The International Auschwitz Committee, and survivors of the Auschwitz concentration camp around the world, welcomed the arrest; Christoph Heubner, the committee's executive director, said that in recent days the man had become the symbol of a political subculture "that glorifies Auschwitz ever more openly and aggressively and propagates the repetition of Auschwitz."[179][181]
William Joseph Pepe Not Guilty – all charges 31-year-old Proud Boys member from Beacon, New York, indicted on January 29, 2021.[182][183]
Kerry Wayne Persick Agreed to plea bargain Sentenced 36 months of probation including 90 days of home detention, a $5,000 fine, and $500 in restitution for Parading .... Other charges were dismissed.[98]
January 15, 2021 Dominic Pezzola Not Guilty – all charges 43-year-old Proud Boys member from Rochester, New York, indicted on January 29, 2021.[182][183] A widely circulated video appears to show him using a riot shield to break one of the windows in the Capitol. After the event, he allegedly stated he "would have killed anyone they got their hands on, including Speaker of the House Nancy Pelosi and Vice President Michael Pence".[184] He had previously been seen at Proud Boys protests and is an ex-marine.[185]
Guy Wesley Reffitt Not Guilty – all charges. Sentenced to 7 years in federal prison, plus a $2,000 fine and 3 years of supervised release.

Date: August 1, 2022[186]

The first defendant to be convicted by a jury (March 8, 2022).[187] Sentenced to 7 years, the longest sentence as of August 2022. (August 1, 2022).[188]
Thomas J. Robertson Not Guilty – all charges One of the two police officers belonging to Virginia's Rocky Mount Police Department who allegedly attended the riot off-duty and posted a picture of themselves inside the Capitol on social media, writing they were "willing to actually put skin in the game and stand up for their rights".[132] A jury would convict Robertson on all six charges on April 11, 2022.[189]
Nicholas Rodean Not Guilty – all charges Found guilty in a bench trial of felony offense of destruction of government property, and six misdemeanor offenses.[190] Sentenced to five years of probation, including 240 days of home detention, and fined $2,048.[191]
Bradley Francis Rukstales Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced to 30 days in jail[123]
Jennifer Leigh Ryan
(Jenna Ryan) 		Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		60 days incarceration; a $10 Special Assessment; Restitution in the amount of $500; and a $1000 fine. Date: November 4, 2021 She has served as a realtor in northern Texas.[192]She had previously made brazen statements both publicly and on social media that she would never be incarcerated since she had "blond hair and white skin".[193]
January 29, 2021[88] Diana Santos-Smith Guilty – one charge: Parading, Demonstrating, and Picketing in a Capitol Building.
The other charges are dismissed. 		Sentenced on January 25, 2022
January 17, 2021 Jon Schaffer Guilty – Obstruction of an Official Proceeding and Entering ... Restricted Building or Grounds with a Deadly or Dangerous Weapon (bear spray);
The other charges were dismissed. (April 16, 2021) 		Co-founder and guitarist of the heavy metal band Iced Earth, surrendered to the FBI in Indianapolis, Indiana. In the days following January 6, Schaffer was identified by music websites as possibly having been inside the building.[194] The other members of Iced Earth issued a statement on January 10 denouncing the storming of the Capitol.[195] Following Schaffer's arrest, Century Media Records removed both Iced Earth and Schaffer's side-project band Demons & Wizards from the roster section of their website and removed both groups' merchandise from their online store, but no official announcement was made that the bands had been dropped from the record label.[196]
Christian Secor Guilty - obstruction of an official proceeding[197] 3½ years in prison[197]
Hunter Seefried Not Guilty – all charges Found guilty of obstructing the certification of the 2020 presidential vote, found guilty on four related misdemeanor charges.[198]
January 14, 2021 Kevin Seefried Not Guilty – all charges Found guilty of obstructing the certification of the 2020 presidential vote, found guilty on four related misdemeanor charges.[199] From Laurel, Delaware. He was photographed carrying the Confederate battle flag through the Ohio Clock corridor and past a portrait of abolitionist Charles Sumner, and was arrested along with his son. The FBI had previously included him in a public list of wanted people.[41][200]
Owen Shroyer Not Guilty – all charges InfoWars host. Charged on August 20, 2021.[201]
Troy Anthony Smocks Guilty – the charge. 14 months of incarceration; 36 months of supervised release and a special assessment of $100.00. Date: October 22, 2021 He has been charged with 17 other offenses since turning 18.[202]
March 19, 2021 Jordan Kenneth Stotts Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced on November 9, 2021 31-year-old man from Moorhead, Minnesota. FBI agents had received a tip from people that had viewed the man's entries on the Facebook website, which had photos, statements, and videos of him in Washington, D.C., on January 6 and inside the Capitol Rotunda during the riots.[203]
January 25, 2021 Brandon Straka Guilty – the single charge. Sentenced on December 17, 2021 45-year-old hairstylist from New York City, founder of the WalkAway campaign, arrested in Omaha, Nebraska by the FBI.[204] The FBI was sent multiple screenshots from his Twitter account, which both endorsed the storming and described his involvement with it, including a video in which he encouraged other rioters to take a shield from a police officer.[204]
March 6, 2021 Isaac Steve Sturgeon Not Guilty – all charges 32-year-old Montana man, allegedly shoved a metal barricade into multiple police officers at the Capitol. Traveled to and was deported from Kenya after the insurrection.[205]
January 14, 2021 John Earle Sullivan
(Jayden X) 		Not Guilty – all charges Founder of anti-police brutality and pro-racial justice group Insurgence USA. Arrested briefly before being released. He was charged over the content in his videos where he appears to encourage the rioters and excitedly celebrating them advancing through the Capitol. He had previously claimed that he was there to document the actions of the protestors, stating that he was only pretending to be a participant to blend in. Pundits such as Rudy Giuliani and Mo Brooks seized upon his arrest to amplify claims about the involvement of the left in the riot. Despite being called a Black Lives Matter activist and left-wing activist, Black Lives Matter-Utah has denied he is a member, and some left-wing activists have treated him with suspicion in the past due to him stirring trouble and his brother being a pro-Trump activist.[206][207] The arrest document stated he had made a statement outside the Capitol about "burning this shit down" and "ripping Trump out of office" during a speech he made in August 2020 while pointing to the White House.[208][209]
March 14, 2021 George Pierre Tanios Not Guilty – all charges 39-year-old man from Morgantown, West Virginia. One of the two men charged in connection with the death of Brian Sicknick.[159] Court records show that the men, who had grown up together in New Jersey[160] allegedly worked together to spray the officers with a toxic chemical that temporarily blinded them.[161]
Devlyn Thompson Guilty – one felony count: Assaulting ... Certain Officers Using a Dangerous Weapon. (August 6, 2021) December 20, 2021: 46 months in prison[210] Washington resident. First participant to plead guilty to assaulting a Capitol Police officer (along with Scott K. Fairlamb).[128]
Douglas K. Wangler Guilty – one charge: Parading ... in a Capitol Building.
The other charges were dismissed. 		Sentenced to two years of probation and 60 hours of community service[141]
May 13, 2021 Christopher Warnagiris Not Guilty – all charges
External video
video icon 1st active duty Marine arrested in Capitol siege/WNT, ABC News
Active-duty major with the U.S. Marine Corps. The first active-duty service member to be charged in relation to the events of January 6. He allegedly pushed through a line of police officers guarding the Capitol's East Rotunda doors, held them open for others to enter the building, and later pushed a Capitol police officer who attempted to close them.[211][212][213]
January 19, 2021 Jessica Marie Watkins Not Guilty – all charges Member of Oath Keepers. One of the three who were indicted for conspiracy for planning their activities, alongside Thomas Edward Caldwell and Donovan Crowl. Eight to ten members of the group entered the Capitol wearing paramilitary gear and moving "in an organized and practiced fashion", according to the indictment. The group communicated with portable devices, with one member allegedly receiving a Facebook message reading "All members are in the tunnels under capital seal them in. Turn on gas." That same person allegedly received directions in navigating the Capitol, including "Tom all legislators are down in the Tunnels 3floors down" and "Go through back house chamber doors facing N left down hallway down steps." One alleged participant radioed to others, "We have a good group. We have about 30-40 of us. We are sticking together and sticking to the plan."[101][102][103]
Thomas Webster Not Guilty – all charges Sentenced to 10 years in prison, three years of supervised release and $2,060 in restitution for assaulting a law enforcement officer with a deadly or dangerous weapon and four other felonies and one misdemeanor[214]
April 9, 2021 Jonah Elijah Westbury Not Guilty – all charges 26-year-old man from Lindstrom, Minnesota. Authorities were able to identify him after receiving an anonymous tip about videos he posted of himself inside the Capitol to social media websites TikTok, Snapchat, and Twitter.[215]
April 8, 2021 Victoria Charity White Not Guilty – all charges 39-year-old woman from Rochester, Minnesota. Second person from the Minnesota to be charged in connection to the incident. Investigators cited surveillance video evidence of her and posts she had made on Facebook about her participation.[216]
January 18, 2021[217][218] Riley June Williams Not Guilty – all charges 22-year-old woman from Harrisburg, Pennsylvania, accused of stealing a laptop from Nancy Pelosi's office, with the intent of selling its contents to the Foreign Intelligence Service of Russia, the country's main spy agency.[219] Pelosi's chief of staff, Drew Hammill, tweeted that "a laptop that was only used for presentations" was taken from a conference room during the Capitol siege.[220] The woman fled her home, telling her mother "she would be gone for a couple of weeks", changed her telephone number, and removed all of her social media accounts.[221]
In an affidavit updated January 19, she was additionally charged with two felonies. On January 21, she was released from custody to live with her mother while awaiting trial.[222]
Troy Dylan Williams Guilty – one charge: Parading ... in a Capitol Building.
The other charges are dismissed. 		Sentenced to three years of probation, 15 days of confinement, 60 hours of community service and $500 in restitution[125]
April 14, 2021 Kyle James Young Not Guilty – all charges Sentenced 9/27/22 to 86 months in prison, three years of supervised release, $2,000 restitution [223][224]
Stewart Rhodes Not guilty[226] A judge denied his request to delay his trial.[227] Jury selection began September 27, 2022.[228]
March 5, 2022 James Fisher One count of criminal possession of a weapon in the second degree.[229] Guilty 3.5 years in prison
March 4, 2022 Jason Riddle Theft of government property, and parading, demonstrating or picketing at the Capitol. Guilty $254 in restitution for theft of U.S. property, $500 restitution for violent entry and disorderly conduct on Capitol grounds. 90 days in jail, three years probation A Keene, NH man and former veteran who stole a bottle of wine and a book from the capitol on January 6. Defense attorneys cited Riddle's fight with alcoholism. Prosecutors believed his role in the attack was more serious. Judge Dabney Friedrich called Riddle's actions "irresponsible and egregious," due to the lack of remorse Riddle held for his actions.
Jeremy Bertino Seditious conspiracy and illegal possession of firearms as a former felon Guilty[230] Member of the Proud Boys

Additional notes[]

  • June 10, 2021 – The Los Angeles FBI Field Office arrested and charged six Southern California individuals in relation to the January 6 riots. Of the six individuals, three of them self-identified in Telegram chats as members of the Three Percenters. They are all charged with multiple felonies, including conspiracy, obstructing an official proceeding, and unlawful entry on restricted building or grounds. One of the charged, the former police chief of the city of La Habra, California, was charged with obstructing law enforcement during a civil disorder and unlawful possession of a dangerous weapon on Capitol grounds. Two members of the Three Percenters were additionally charged with tampering with documents or proceedings related to their deletion of Telegram chats and content to avoid detection by law enforcement. The six men, along with at least thirty others, were part of a private Telegram group which planned to attack the Capitol on January 6 and conspired to bring weapons.[231][232]
  • June 11, 2021 – The FBI announced arrests and charges for three people, two from Minnesota and one from Iowa, who participated in the events on Jan 6. A man from Minneapolis, Minnesota, faced charges for his alleged actions of breaking through a police line and assaulting two Capitol police officers. According to his charging documents, the man posted photos of himself on Facebook and made claims that he was "beating up cops" while in Washington, D.C. A man from Austin, Minnesota, and his father, a resident of St. Ansgar, Iowa, were arrested without resistance and face charges related to participating in events inside the Capitol building.[233]
  • October 4, 2021 – Three men from Lindstrom, Minnesota, were charged with several federal counts for entering the Capitol building and assaulting police officers on January 6. They were among eight people in total from Minnesota charged in connection with the events.[234]
  • December 9, 2021 – Tam Dinh Pham, an 18-year veteran of the Houston Police Department, is sentenced to 45 days in prison after pleading guilty to petty misdemeanor offense of parading, demonstrating or picketing inside the Capitol Building. Three other criminal charges were dropped by the Department of Justice as part of the plea agreement.[235]

Related activities and proceedings[]

On January 12, 2021, a retired Navy SEAL and the director of firearms training business ATG Worldwide, who posted a Facebook video on January 6, 2021, in which he described "breaching the Capitol", was questioned by the FBI. On January 12, 2021, the ATG Facebook page shared a video message from the man in which he described having participated in a "caravan" to the Capitol on January 6, 2021 because he was "angry at the direction of our country."[236] He has expressed regret for his participation and said he is cooperating with the FBI.[237]

On April 28, 2021, a 37-year-old Brooklyn man, Brendan Hunt, was convicted of making a death threat against unspecific congresspeople and senators, in a vlog around the time of the Capitol riots. Although Hunt was not in Washington on January 6, federal prosecutors cited the Capitol riots as relevant context that made such a threat more dangerous.[238][239]

On October 15, 2021, Capitol Police Officer Michael A. Riley was arrested and charged with obstruction of justice for advising Jacob Hiles to remove incriminating posts from social media. The U.S. Capitol Police disclosed that they had known of the investigation into Riley's actions for several weeks, placed him on administrative suspension upon his arrest, and announced an internal affairs investigation into his actions.[240] Riley's trial began on October 18, 2022. Hiles had previously pleaded guilty to unlawfully protesting in the Capitol.[241] On October 28, 2022 a jury found Riley guilty of one count of obstruction of justice but was unable to reach a decision on a second charge. Riley's attorneys have filed a motion for acquittal and have said they will appeal if the verdict stands.[242]

On March 2, 2022, federal prosecutors presented their opening statements in a criminal trial against Guy Wesley Reffitt. Many other defendants were charged with obstruction related to the disruption of the Electoral College vote certification, but Reffitt's trial was "the first time a jury will get to decide whether the charge fits the crime", according to the New York Times.[243] On March 8, 2022, he was found guilty on all five counts: transporting a firearm in furtherance of a civil disorder; obstruction of an official proceeding; entering or remaining in a restricted area or grounds with a firearm; obstructing officers during a civil disorder; and obstruction of justice — hindering communication through force or threat of physical force.[244] Prosecutors sought a 15-year prison sentence, by far the longest among the over 200 other convicted rioters at that time.[245] On August 1, 2022, he was sentenced to 7 years.[246]

On March 23, 2022, Capitol riot suspect Evan Neumann was granted asylum in Belarus "indefinitely". Neumann claimed that he faced "political persecution" in the United States.[247]

See also[]

References[]

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