Government Watch / Politics

Jan 6th Prisoners – Detained and Forgotten


More than 800 Americans, among tens of thousands who protested irregularities in the 2020 election cycle, stormed the Capitol on January 6, 2021 – and were arrested. That event is now 15 months behind us. Why, in our land of “liberty and justice,” are many still detained?

The point of this piece is not to relitigate the protest, election, charges, or anything to do with politics. It is to focus on a simple idea – due process and rule of law.

As a former US Court of Appeals clerk, New York, and DC litigator, and – rather ironically, former Assistant Secretary of State to Colin Powell for global issues, including law enforcement – the conditions and state of these cases, many unresolved, is a concern.

Reports flow in – through family, friends, official and credible channels – that these detainees are isolated, living in poor conditions, cannot meet with reporters, are increasingly invisible, just forgotten people. That is not how America works.

The Department of Justice has an incomplete, frighteningly suggestive reporting system, that indicates one case was dismissed, some resolved by plea, 70 adjudicated – but many in perdition, facing seemingly eternal punishment and damnation, no resolution on the horizon. Whether hundreds or “just 40” as one article argues, one is too many. See, e.g., Capitol Breach Cases; One Year Since the Jan. 6 Attack on the Capitol; At least 800 people have been charged in the Capitol insurrection so far. This searchable table shows them all.; No, there are not ‘hundreds’ of Capitol riot defendants in DC jail.

How can this be, in a nation with a Bill of Rights, which promises “no person shall be … deprived of life, liberty, or property, without due process of law” (5th Amendment)? The Bill of Rights notwithstanding, many charged individuals remain untried, still mysteriously detained?

Consider the 6th Amendment. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial …” Has that occurred? “.. by an impartial jury of the State and district wherein the crime shall have been committed …” Has that occurred?

Continuing: “…confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor …” Occurred? “…Assistance of Counsel …” Occurring?

The answer? Who knows? The record is strangely incomplete, access restricted, word barely getting out, and what we know is not reassuring. See, e.g., ‘We are rotting in jail’: Capitol rioter demands Trump give 6 January speech to back him and co-prisoners; D.C. officials stew after Jan. 6 prisoners’ complaints prompt federal pull-out from jail.

What we know, based on official reports of DC jails where many are held, is just conditions are incorrigible, in some cases objectively inhumane and indefensible. See, e.g., January 6 suspects’ D.C. jail complaints are hypocrital, but they’re not wrong;

Specifically, many seem to be isolated, facing poor health, living conditions, treated as if undeserving of the kind of constitutional standards they deserve. Members of Congress, notably Republicans, have decried conditions are intolerable. One noted: “What’s happening to these people being held in custody is wrong, it’s unconstitutional … a violation of their rights …” See, Congressional Report Details Squalid Conditions Faced By Jan. 6 Defendants; Congressional Republicans slam treatment of Jan. 6 defendants held at D.C. jail.

Even mainstream media and judicial authorities have begun to acknowledge things are not right. See, e.g., Problems at D.C. Jail Were Ignored Until Jan. 6 Defendants Came Along; The Crisis at the D.C. Jail Began Decades Before Jan. 6 Defendants Started Raising Concerns; A Judge Urged The Justice Department To Investigate Jail Conditions For Jan. 6 Defendants; Judge holds Washington, D.C., jail officials in contempt in a Jan. 6 riot case.

So, what can be done to assure that America – unlike Russia, China, and half the politicized legal systems of the world – does NOT hold, detain indefinitely, mistreat, forget, or otherwise leave an impression that political prisoners exist, part of a nefarious “two-tiered system?”

A lot. 

First, the exact status of all cases should be made public now, and every succeeding day. That should not be hard. Every American is owed that clarity.  

Second, reporters, family, friends, and concerned citizens should be able to meet with these indefinitely detained individuals. Not to do so raises serious suspicions, suggesting those in charge can do as they wish, are unaccountable. That is not good for the detained or any of us.

Third, counsel by name – for all detained individuals – should be made public. Like Fifth Amendment assurances of due process, Sixth Amendment guarantees are not negotiable.

Fourth, with the consent of the detained, televisions cameras, congressional investigators, members of Congress, relevant State officials should be permitted to see these individuals and conditions.

Fifth, especially in these cases, justice should return to being swift and fair, since the question now arises whether a Democrat-controlled federal and DC government, where anti-Trump feeling runs strong, could be intentionally disregarding these Americans, letting them languish.

Many years ago, as an Assistant Secretary of State, one of my priorities was assuring any influence America had to seed and preserve rule of law around the world, fair treatment, and generic respect for those arrested, charged and detained was understood by foreign officials.

Many times, these officials had a political agenda tied to holding prisoners. Aware, we stood against politics in the legal process. We must now hold ourselves and those in power to that standard. 

Bottom line:  The January 6 defendants deserve protection against the perception and fact of political punishment. Only that assures rule of law. Absence violates rule of law. They cannot be detained and forgotten, not in America. The time is now to insist on that standard and proof of it.

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Mike Martisko
1 month ago

I would like to know how many of those being detained are Black. This should be of interest to Sonny Hostin, if she really cares about Black people. Is there a Racial breakdown of the “illegally” detained.

Michael McCaffrey
2 months ago

Please publish addresses so we can write to these people ????

Michael McCaffrey
2 months ago

I’d love to know how I can write a personal letter of support to Chewbacca man….
I have words I’m sure will comfort him.

2 months ago

International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ The Hague
The Netherlands

Contact The Hague Court of Justice to help the jailed Jan 6, non-violent American citizens imprisoned illegally.

Sven Esdrisen
4 months ago

McCarthy says he will release all 14000 hours of surveillance video from J6.

What J6 prisoners did on that day can and will be known. The video was used to dragnet these folks and to triangulate with their social media postings.

McCarthy has re-asserted the fact that the US Capitol is the people’s house just last week
I envision a new J6 committee which investigates as a first order of business the conduct of each and every individual J6 prisoner.

Each prisoner is then called before the committee. The video tape rolls. The harmless activity is shown. The J6-er is acquiited on the spot and with a banging of the gavel the prisoner released from jail immediately.

Televise it. One by one. C-Span. It would be like seeing the POWs coming home from Vietnam. Imagine the optics of families throwing their arms around the freed — thoroughly overjoyed.

Standing by is the ACLJ, who meets with each wrongfully imprisoned J6-er and begins to file a case on behalf of each prisoner individually, and collectively as a class action against DC Gov’t the Capitiol Police, the C^^IA, and F^^BI.

4 months ago

What are the names of these prisoners, the charges, and where are they being held? Produce a list, AMAC, don’t leave them in obscurity.

2 months ago
Reply to  Reed

Actually – its this

4 months ago

free jan 6ers today!!! we must DEMAND it today!!!

4 months ago

I see a lot of “shoulds” in this article, but no actionable processes or procedures to make the rights for these prisoners happen. Everyone, the President and Congress members on down to the lowliest intern at the Department of Justice, bears responsibility for the integrity of the implementation of constitutional rights – by law. Who is going to step up? Ordinary citizens rely on elected officials to protect their rights, regardless of party affiliation, and when those officials allow foreign terrorists to be treated better than U.S. citizens merely accused of a crime, some not yet charged 3 years later but incarcerated in inhumane conditions, I smell rot.

Elected officials must act or be replaced by elections. Rule of law must trump rule of man or we are lost.

4 months ago

I pray for all the J6 political prisoners and the unfair treatment they are being given and that the holy energy and love stay with them to endure. God will not forget them. They will be remembered as a symbol for America in its fight for a revival of true freedom and goodness as well as for the world.

6 months ago

I never forgot about the prisoners of January 6th.

I will see them All pardoned and free again living in a bettet America than ever before.

God Bless Them All ✝️????????????

6 months ago

Lock and load. All political solutions are gone! Including the Trump card! How long will it take for the citizens of America to realize this country is owned by the demonic Commies who are now killing it’s citizens with the vac schemes! Wake up! wake up!

Wayne pare
7 months ago

Totally disgusting
Clean house of all leftist ideology employees

G. Baker
7 months ago

Pelosi’s prisoners:

Democrats go on and on ad nauseam that they are protectors of ‘democracy’, all the while destroying the very foundations of the Constitution and democracy. Blocking free speech, ignoring massive Democrat crimes, while framing conservatives, repeatedly framing those who oppose them for crimes the Democrats themselves are actually committing. 

Jim Gleeson
7 months ago

What can I do? I don’t have money, but I have time and I can write.

G. Baker
7 months ago
Reply to  Jim Gleeson

That is exactly what we should all be doing, putting the truth of events out there constantly, exposing corruption – Democrats and RINOs, putting the history of our founding, the writings of the Founders, the history of the world and exposing how it is repeating.

Example: From the end of Reconstruction to the 1970s, the Democrats ruled the South with an iron fist – implementing Jim Crow laws (segregation), blocking people of color from voting. Anyone who spoke out faced the wrath of the Ku Klux Klan (KKK), the Democrats’ secret army. If that didn’t work, they would be framed and persecuted by state and local police and the Democrat-controlled courts would ensure conviction.

Once this was exposed to the nation, the Democrats had to retreat and rebuild using a different strategy – hiding their true intent in bills with wonderful names – all were traps to continue their drive for total control.

50 years later, Democrats are using the same old tactics. They frame conservatives to destroy them. They use Antifa and BLM to intimidate the public with massive riots, destruction and death. They use the DOJ and FBI, supposedly law enforcement, and the courts, to imprison and persecute anyone who don’t get down on bended knee.

When you don’t know history, you won’t recognize when it happens again. When Chavez became president of Venezuela, he changed their Constitution and let the prisoners out of jail. He funded and armed them to control the citizens. Today, prisoners are let out on no-cash bail almost faster than they are arrested and no matter how many crimes they commit, or how serious those crimes are, they continue to be let out… to control the behavior of citizens.

Our young people have not had decent history classes in 100 years, so those of us who love history, who learned it on our own, must daily educate those who don’t know. And that has more value than all the money in the world. Knowledge is power.

Lori Hall
7 months ago

Did you all see the political prisoners are begging to be sent to gitmo?! What is going on? They’d rather that than sit in DC?! This can not stand! It is obvious by now, that no one in our government is going to do anything for these citizens. Where are the rallies to get them out?? All the patriots that were in DC that day should be there now demanding they be released! It could have been any one of us! Its wrong! WE the People need to rally and protest this outside the gulag and support these people! (It works for criminals, we can force it for our fellow patriots!) They need our support!! <3 <3

6 months ago
Reply to  Lori Hall

Why were they not mentioned in Trumps new announcement for his 2024 plans. He is a traitor to all Patriots!!!

Tammy Winter
5 months ago
Reply to  red


5 months ago
Reply to  red

Je must pick his words and timing very carefully….tactically. he can’t appear to lobby for them or the commies will use it against him.

8 months ago

I need the name and address of every prisoner still being held in the D.C. gulag as I want to write each of them personally and tell them they are not forgotten and we will overcome this evil

Lea Mallison
8 months ago
Reply to  H ERICSON (to contact the prisoners)
Americangreatness – Julie Kelly

emily lightsey
8 months ago

Thank you for your scope of coverage. From your lips to the “people” maybe justice will be a swift sword to bring an end to their improper imprisonment!

9 months ago

I tried to write to one of the January 6th prisoners. My letter was returned undeliverable. Where can I find the address of the people being held?

8 months ago
Reply to  Carl

I do not know but how nice to know that I have not been the only person sorrowing on behalf of some (the vast majority, I suspect) whose participation was not criminal. It is that ongoing heaviness that has lead me to search out WHERE I might write to them so that I might offer someone a measure of comfort.

I hope my search (for a list) produces good fruit.

8 months ago
Reply to  Bella

8 months ago
Reply to  Carl

Lea Mallison
8 months ago
Reply to  Carl (to contact the prisoners)

9 months ago

The truth can be seen & heard every evening as many from the 1776 Restoration Movement join Aishlie Babbit’s mother in a nightly Vigil. They are permitted to talk with several of these prisoners & & join them to sing the National Anthem each night together at 9pm. Find more info on YOU TUBE; various streamers: Oreo Express, 1791 Storm Trooper, & others. ????????????♥️

9 months ago

big rally at the DC gulag this weekend

9 months ago

Is there truth to jan 6th “rioters” still being held in DC without being charged? Still held in solitary confinement?
If so…how many?

9 months ago
Reply to  Raymond

theres 37 in the DC gulag

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