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.
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.
free jan 6ers today!!! we must DEMAND it today!!!
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
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.
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!
Totally disgusting
.
Clean house of all leftist ideology employees
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!
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.
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.
What can I do? I don’t have money, but I have time and I can write.
The answer to all of this is we have traitors ruling this country of a free people. Traitors who have taken over and Americans too dumbed down and complacent to fight for their freedoms.
The Progressives are nothing but a Cult religion and will find themselves licking their own wounds soon enough because of their heightened stupidity and perverted behavior.
Everything in the Holy Bible, God’s Living Word is true, specifically regarding a nation that forgets their God! This nation has invited God’s wrath! It’s part of what we’re seeing happening now.
Christ’s Coming is what we are to be looking for, so we need to get our lives in order and pray for our loved one’s. Things are looking intensely bad for the United States, and I can honestly say, this is not my home.
May God have mercy on us all!
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.
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 ✝️????????????
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
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?
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. ????????????♥️
Is there truth to jan 6th “rioters” still being held in DC without being charged? Still held in solitary confinement?
If so…how many?
Who are they and what are they charged with? We hear of these nameless individuals all the time but no names, charges or detention locations given.
Should,should,should,but what is anyone actually doing to get these Patriots out of jail.
What is anyone doing to prosecute the criminals that are comitting these crimes against these
Patriots?
I can`t believe nobody is comming to their rescue.
Excellent article. Even convicted murderers and terrorists enjoy more rights than the January 6th detainees. Not a single J6 detainee has been charged with insurrection, but only minor offenses like trespassing, unlawful entry, etc. that didn’t even warrant imprisonment at all. Many haven’t even been charged with a crime after a year or more. The big question is what else can be done besides consistently calling, writing and emailing our (mostly apathetic) elected officials and demanding n investigation and reckoning? It seems as if our nation’s capital has been hijacked by rogue actors who operate apart from and in opposition to the constitution that’s supposed to protect us, who are accountable only to themselves, and who are legally untouchable.
Why did AMAC not push back against the plandemic lies? I suppose even Jews at one point in Germany thought if they would say/agree “Heil Hitler,” then they would stop being poor and hungry, that the economy would improve. Likewise people going along with masks as if that would protect anyone from a virus. Hospital continue to put “covid” patients in hospital wards with immune compromised. Many hospitals still requiring even people with open cannulas to wear masks over their faces. Nuts. I give up on AMAC. Seems just the same as AARP… Finally making some noise about Jan 6.
Enforce their rights.
Anyone that assault & beat the Capitol police + vandalize the Capitol building should have known that is not peaceful protest tactics, and therefore should not be surprised to be arrested. Some people on this board post stories about judges being soft on crime, so why be soft on these 800-people
They need to retain Jussie Smollett for council…
Maybe Judge Jackson can defend them! There was an article about the female guarding them saying proudly, she is mistreating them. It’s all BS and why is this still knowingly going on?
For those in Congress who are protesting the jail treatment of these folks: Exactly what are you doing about it? Talk is cheap.
Democrats are keeping political prisoners (whose phones showed they were in the area and whose banking records showed they rented rooms and bought meals). They have frightened many whose hearts were with those protesters who blundered into a trap. They hope they have us cowed. Even if all Trump supporters aren’t afraid to cross them, many are. They are making themselves look evil.
For those in prison there the Constitution is dead. Even IF Trump pardons those that were feloniously entrapped my guess is they’ll receive no compensation and their lives will be & are ruined forever.
This is further proof that we have just as many rights in this country as the federal government will allow us to have, since they have become a law unto themselves. Also, they have found how easy it is to round up and detain political prisoners, so this is only the beginning.
It’s going to take a regime change to solve this problem. Then the detainees will be released. Shortly after that they will be suing every democrat in congress, the white house and DOJ for violation of their 6th Amendment rights.
Very good article concerning the illegal detention of American citizens and the facts surrounding the current situation! It also lists things that can be done to resolve the status of the “detainees”.
Unfortunately, each of the 5 listed steps are presented with the phrase SHOULD be done, not WILL be done!
Where are the Republican Congressmen and women and the Senators?
Why are they unable, or unwilling(?) to help secure these people who have been illegally incarcerated without due process?
Why is this obvious violation of their Constitutional Rights being tolerated?
This administration and all of the connected departments and agencies seem to be corrupt and there doesn’t seem to be any push back or accountability.
Not from the Republicans, the Judges, and certainly not from the Media!
Sad day for America
How can I voice my objection to help the January 6 defendants? I am very concerned about them Mr. Trump and his followers should be involved in getting them released. I do not understand why the right-wing media is not raising this issue.
The reason that our Marxist regime gets by with not following the rules is because Biden and O’Bama totally corrupted the DOJ, FBI and IRS. I believe that the Jan 6th debacle was planned by Pelosi, Schumer, et.al., the DC Cops and the FBI. It was a set up from the get-go. They are not just happlessly acting as they do, they are on a well-planned attack against our Constitution and anyone who will not jump on their Marxist bandwagon!! The GOP better get united and stop the massive “dark money” the Marxists to buy elections or our country is gone!
Where is the due process , for years the communist terrorized the cities and citizens of many states and the communist left applauded them . The people who are sitting in the Capitol jails are demonstrators and the communist left and some on the right are the criminals who set this all up with there FBI and antifa . All to go against a President who gave it all and some for this country and they could not control , after he was cheated.
One good reason why I would vote against Ms. K. Jackson for the Supreme Court (if I could) is she is more concerned with the civil rights of Gitmo terrorists than the rights of American citizens who are rotting in jail for over 14 months with no end in sight. Where are our Republican/Conservative/Libertarian leaders?
Republicans decry the conditions?? Here’s a suggestion repubs…quit decrying and start acting! This is the stuff communist countries do…but then that’s exactly what the leftist democrats are. This is not only treason against citizens wrongly accused, it is the stuff that happens in China, Russia, North Korea! What is happening to these people, while a directed demented puppet in our White House makes stupid comments, is that known terrorists are dancing across our borders…but American citizens are in horrid conditions and have not been charged with an alleged crime?? A couple of men running for governor said that the “media” coverage ignored or perverted republican comments and actions…indeed I get that…but yet these AMERICAN CITIZENS ARE SITTING IN CONDITIONS YOU’D FIND IN CHINA! Get over it and kick butt!
I’m about sick unto death of “republicans” who apparently have no knowledge of our Constitutional legal system….crying in outrage does nothing. The demorats play dirty…maybe it’s time the repubs get down in the dirt as well. P.S 18 “republicans” signed on to Biden’s “build back better” nightmare…how does that play in Peoria?
Sadly demorats are almost all lawyers who twist and pervert and use the “justice” system to further their poison vision of a regime…they use the Constitution of the United States, the Bill of Rights to wipe their blood stained feet on. Fight fire with fire.
Bottom line, this whole debaucle is the result of hatred of the previous president…nothing more, nothing less, and these detainees are stuck in the middle. I still persist in insisting that my repub. reps both in the house and senate need to be more proactive in getting these folks out of jail, back home as they await a trial….that is to say stand on the rule of law and due process. My failure to understand why more repubs and conservatives are not in the face of these promoters of mahem, the haters of Trump. Repubs are ballless in their actions. Cowards to the core. Useless when called to do their due dillegence. They are an embarasment, totally. The only thing we, as citizens can do is harass, harrang and put the pressure on those who sit in seats of power and push to get them to take charge of this matter…..It’s time for these people to be set free, be returned home and await the kangaroo court’s immoral and illegal premise to run it’s course. The committee in place needs to be disbanded.
So you repubs in power…..get off your duffs. Show some courage. Act NOW!!!
Free the Political Prisoners!
I remember how horrified I was to learn of Stalin’s political prisoners and then Castro’s political prisoners on the Isle of Pines in Cuba and being grateful that this could never happen in the US. How wrong I was about the US. Under the Biden Administration, we do have political prisoners and a loss of freedom that is unconstitutional. When you allow any political prisoners, you can be assured that each of us are now in jeopardy.
TRUMP WILL PARDON ALL OF THEM IF THE ELECTIONS ARE NOT HJACKED BY THE CANCEROUS, ANTI-AMERICAN, LYING, CHEATING, libs AGAINI
ONLY ONE SURE AND PERMANENT WAY TO STOP THE libs…..AND IT’S NOT ELECTIONS………
forgotten by ALL communists and media! not forgotten by Americans
so enough talk, DO SOMETHING ! These are AMERICAN citizens and there is more fuss about a damn slapping !
After reading this article, I am embarrassed to say that I ONCE believed in the US Judicial system!!! This is not only unconstitutional, but inhumane to say the lease. If I remember that a majority of these protest were led by the BLM members and others. Either way, justice NEEDS to be served.
I’m waiting for the Jan6 committee and those supporting this farce of a justice system and Administration to be the ones behind bars (forgotten) – except they will be legally charged and tried; also will be given more humanity than they deserve. They have thrown away our Constitution and spit on it. They deserve the worst.
Dems holding hostage for midterms with J6 Comm, all politics & games
NOT forgotten
Need United Legal front to challenge imprisonment
This travesty of justice is typical of both parties but more importantly since the Democratic Marxists are the ones pushing the jailing of all or anyone associated with the January 6th gathering the Republicans should be hopping made and finding out why the constitution seems not to protect conservatives. It’s their failure to allow this to happen which goes against all the supposedly principles of the Republican party that really infuriates me. Pelosi and the Rhino Republicans on the committee should be front page news allowing this to happen.
Without straying to far off course with respect to the thoughtful RBC article posted here, I will add this as a reminder to all of us to NEVER forget. Antifa & BLM members led the charge into the Capital Building dressed up as Trump supporters & it is on TAPE & the DOJ along with the FBI as well as a complicit MSM & Big Tech are pushing an entirely different message for public consumption on what really occurred on Jan. 6, 2021 to this very day…The Jan. 6th committee is a complete SHAM with ZERO credibility…
I’ll step back in time just a little here with what brought America to this point under arguably the worst & most dangerous political party in US history, willfully allowing all of it to happen, the Democrat Party…
” The evidence of foreign interference is now unmistakable & irrefutable… ” America has experienced a Coup D’état of our Federal government & by default a good many of our individual state governments as well…This is NOT ” conspiracy theory ” those are the facts…
The level of domestic election fraudulence, in particular of those (6) or (7) ” swing states ” is simply mind boggling for the average person to really comprehend, myself included…
Moving forward to the present & this is important because President Trump mentioned this in his CPAC speech back in Feb. that in about ( 4 ) weeks time things will begin rolling & they are indeed,
i.e. the Council Durham indictments are out there with MORE coming, what does this mean? For one thing ” evidence of discovery ” gets put before the court, the ramifications of that alone can turn it into criminal charges of treason committed by HRC & approx. ( 30 ) others directly involved going back to candidate Trump as well as President Trump’s servers tapped whilst he was in office.
Trump has now sued HRC along with the approx. ( 30 ) co-conspirators directly involved in not only the Russian Collusion Hoax, but all of it going back to 2016 to the present day…
The Hunter Biden laptop is NOW 100% verifiably true & everything found within it, everything, despite the fact the FBI called it Russian disinformation, a total & complete lie by the FBI & the MSM is now actually beginning to report on it because they themselves pushed the lie as well, i.e. they are EXPOSED & caught with their pants down along with the entire DOJ…
Now there is is serious talk on using the 25th amendment of JRB in light of his cognitive dementia issues on full display, i.e. ” Putin must be REMOVED, ” another way of saying assassinated…Biden’s days are numbered now as a sitting president for his latest bumbling statement in Europe to his NATO pals as well as a host of other non-sensical words spoken by this man…
In summary, there appears to be a lot of things happening under the radar screen in righting the ship again in America as I pray there is a White Hat military operation ready to make a move here, otherwise we will lose this nation quicker than you can say the word socialism…
Bill… :~)
I’m waiting for the follow-up article about all of the people who are in jail pre-trial not because of their politics, or their race, or their religion but because they don’t have any money.
Remember the prime tenet of the Democrat Party: “Punish, to the greatest extent possible and practical, anyone who doesn’t cater to the tenets of the Democrat Party!” Hitler and the Nazis had a similar guiding tenet.