One Year Later, Fallout From Jan. 6 Riot Continues In Court

(January 5, 2022, 4:45 PM EST) --

Hundreds of criminal cases over the Jan. 6 riot at the U.S. Capitol remain pending in D.C. federal court. (AP Photo/John Minchillo, File)


The riot at the U.S. Capitol on Jan. 6, 2021 was a stunning stress test for American Democracy, but the criminal cases against those who participated in the melee continue to present their own challenges for the U.S. legal system.

More than 700 criminal cases have been brought in the riot's aftermath, and nearly 550 of the defendants in those cases have pleaded not guilty, relying on a mix of appointed counsel and privately retained attorneys.

As the U.S. Department of Justice has leaned on an army of prosecutors from across the country to handle that work, many of the alleged rioters who haven't turned to a nationwide network of federal public defenders have tried to raise money for legal funds online and fought novel charging decisions with unconventional arguments of their own.

One year later, Law360 looks at how those Jan. 6 cases are making their way through the courts.

'Flooded': Jan. 6 Caseload Draws Nationwide Legal Effort
By Cara Bayles
A federal tax attorney. A San Francisco-based antitrust prosecutor. The coordinator of coronavirus fraud cases for Utah's U.S. Attorney's Office. Lawyers from across the federal government have aided in prosecuting and defending more than 700 people charged in D.C. federal court for their role in a mass crime with no modern precedent — the siege of the U.S. Capitol.

Web Donations Help Jan. 6 Suspects Tap Private Legal Muscle
By Cara Bayles
Almost half of Jan. 6 defendants are represented by retained attorneys, compared with just 10% of the general federal criminal defendant population. The cost of a private lawyer is steep, and some alleged Capitol rioters have turned to online fundraising to bankroll their defense — with mixed results.

Attys Take Kitchen Sink Approach In Fighting Jan. 6 Charges
By Cara Bayles
Defense attorneys for the January 6th rioters have turned to unusual arguments, affirmative defenses, and dismissal motions to aid their clients, accusing prosecutors of playing politics, police of excessive force, and the former president and the media of misinformation.

New Jan. 6 Charge Sends Message To Oath Keepers
By Cara Bayles
When prosecutors charged the founder of the Oath Keepers in connection with his involvement in last January's siege of the U.S. Capitol, the indictment made headlines for two reasons.



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