Department of Justice and FBI officials are debating whether or not anyone who broke into the Capitol on January 6 should be charged, with some arguing that the charges should not be made to those who did not engage in violent behavior.
The Washington Post reported on internal deliberations on Saturday, citing several people familiar with the discussions. The Post added that discussions on such a decision are in the early stages, with no formal position on the matter.
The sources, who spoke on condition of anonymity to freely discuss legal deliberations, allegedly told the Post that some federal officials raised logistical concerns about the cases that flood the local court. Authorities estimate that about 800 people stormed the Capitol during the deadly pro-Trump riot.
Individuals were arrested in several states in connection with the attack, but each case is being processed by the District of Columbia Public Prosecutor.
As of Saturday, the Justice Department has accused more than 135 individuals of crimes committed on or around the Capitol, with more charges expected in the coming weeks and months.
Some federal officials also proposed internally that individuals who were only known to have committed illegal entry and were not involved in any violent behavior should not be charged, according to the newspaper.
However, other officials have opposed this proposal, stating the importance of using the accusations to send a message that similar actions in the future will not be tolerated.
The sources told the Post that they are sensitive to the fact that the credibility of the Department of Justice and the FBI could be questioned with such a decision.
Department of Justice spokesman Marc Raimondi said in an email to the Post: “There is an absolute resolution by the Department of Justice to hold all those who intentionally engaged in criminal acts on Capitol Hill accountable.”
“We made it clear that we will follow the facts and evidence and accuse people accordingly,” added Raimondi. “We remain confident that the US District Court for Washington, DC can adequately handle the case related to any resulting charges.”
The Hill contacted the Department of Justice and the FBI for further comments.
Trump supporters stormed the Capitol on January 6 after the former president encouraged a crowd on the National Mall to march to the Capitol and demand that Congress interrupt President Biden’s Electoral College victory certification.
At the time, Congress was debating an objection to the results of the Arizona state election.
Trump in the past repeated a false claim that the election was “stolen” from him and that the election was “rigged”.
Five people died in the chaos, including a Capitol Police officer who was injured while responding to the riots, as well as a woman shot by a plainclothes officer.