Capitol riots

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Lilith Foster-Collins

By Lilith Foster-Collins

News Reporter

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Four years on, Donald Trump's return to power has thrown into question the future of the more than 1,500 federal cases brought against Jan. 6 rioters.

Why It Matters

Trump has promised to pardon Jan. 6 rioters, many of whom have already pleaded guilty and been sentenced or found guilty in a trial.

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The President-elect has referred to rioters as "political prisoners" and "hostages," and said they were treated too harshly.

What to Know

Jan. 6 trials, guilty pleas and sentencings have continued through Washington's federal court despite Trump's promise to pardon rioters.

Capitol riots

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How Many Rioters Have Been Charged?

Hundreds of people have been charged with misdemeanor offenses for entering the Capitol illegally.

Others were charged with felony offenses, including assault for beating police officers.

About 250 people were convicted of crimes by a judge or a jury after a trial.

Two people were acquitted of all charges by judges after bench trials.

No jury has fully acquitted a Capitol riot defendant.

At least 1,020 others pleaded guilty as of Jan. 1.

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Who Has Been Sentenced?

More than 1,000 rioters have been sentenced, with over 700 receiving at least some time behind bars.

The rest were given some combination of probation, community service, home detention or fines.

The longest sentence, 22 years, went to former Proud Boys national chairman Enrique Tarrio, who was convicted of seditious conspiracy along with three lieutenants.

A California man with a history of political violence got 20 years in prison for repeatedly attacking police with flagpoles and other makeshift weapons during the riot.

Oath Keepers founder Stewart Rhodes is serving an 18-year prison sentence for seditious conspiracy and other offenses.

Several defendants have sought to have their cases delayed, citing Trump's promise of pardons.

U.S. District Judge Royce Lamberth denied one request, writing "This Court recently had the occasion to discuss what effect the speculative possibility of a presidential pardon has on the timetable for a pending criminal matter. In short: little to none."

U.S. Capitol

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What People Are Saying

Trump has said he will begin issuing pardons to rioters on his first day in office. He has said he will look at individuals on a case-by-case basis, but he has not explained how he will decide who is pardoned. He has said there may be "some exceptions"—if "somebody was radical, crazy." But he has not ruled out pardons for people convicted of serious crimes, such as assaulting police officers.

U.S. District Judge Carl Nichols, who was nominated to the bench by Trump, has said it would be "beyond frustrating and disappointing" if Trump hands out mass pardons to rioters.

U.S. District Judge Amit Mehta spoke about the prospect of a pardon for Rhodes, the Oath Keepers founder convicted of seditious conspiracy: "The notion that Stewart Rhodes could be absolved of his actions is frightening and ought to be frightening to anyone who cares about democracy in this country."

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What Happens Next

More than 100 defendants are scheduled to stand trial in 2025, while at least 168 riot defendants are set to be sentenced this year.

It remains unclear how Trump will proceed in pardoning capitol rioters.

This article includes reporting from The Associated Press

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