FACT BRIEF

Have prosecutors brought forward widespread conspiracy charges related to organizing the Jan. 6 Capitol riot?

Tuesday, August 31, 2021

By Jacob Alabab-Moser

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Government prosecutors have mostly avoided charging individuals or groups with conspiracy-related crimes involving the Jan. 6 Capitol riot. Immediately after the attack, prosecutors suggested those found to be involved could face charges such such as seditious conspiracy or racketeering.

Prosecutors to date have charged 18 people affiliated with the “Oath Keepers” for offenses including conspiracy. Most of the more than 570 individuals charged to date in connection with the incident, however, face charges such as assaulting a law enforcement officer, illegal entry or disorderly conduct.

Sources with knowledge of the FBI's investigation of the riot say that the agency has found little evidence of an organized plot, as Reuters reported in August. Earlier news media reports said the FBI found little evidence of widespread advance planning by insurgents to breach the Capitol building.

The law enforcement investigation remains ongoing.

This fact brief is responsive to conversations such as this one.

Sources

US Department of Justice Fifth superseding indictment unsealed in Oath Keeper conspiracy case related to Jan. 6 Capitol breach

US Department of Justice US Attorney for District of Columbia: Capitol Breach cases

Lawfare Here’s how the Capitol mob violated federal criminal law

Reuters Exclusive: FBI finds scant evidence US Capitol attack was coordinated - sources

Wall Street Journal Capitol riot cases show scant evidence of advance plans to breach the Capitol

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