What charges could West Tennesseans face for Capitol riot?
Multiple federal statutes could be brought against people who traveled to Washington, D.C., to participate in the storming of the U.S. Capitol on Wednesday, according to U.S. Attorney for the Western District of Tennessee D. Michael Dunavant.
“One of the things we’re trying to make clear to the public is that these are not just outbursts of legitimate peaceable protests, these are violent federal acts that will be prosecuted and people who committed these acts will be held responsible,” Dunavant said.
Some of the federal statutes that might be applicable, according to Dunavant, include:
h 18 United States Code section 231 – Civil Disorder, which prohibits adversely affecting any federally protected function or obstructing any law enforcement officer from the performance of official duties, or any person who transports a firearm, explosive, or incendiary device to be used in furtherance of civil disorder. This federal crime is punishable by up to five years in prison.
h 18 United States Code section 2101 – The Federal Riot Act, which applies to anyone who travels in interstate commerce to incite, promote, or participate in a riot. This includes anyone who aided or abetted individuals who carried on a riot or committed any act of violence in furtherance of a riot. This federal crime is punishable by up to five years in prison.
h 18 United States Code section 1361 – Damage to Federal Property, which applies to anyone who willfully injures or causes damage to or against any property of the United States. This federal crime is punishable by up to 10 years in prison.
h 18 United States Code section 2383 – Rebellion or Insurrection, which provides that whoever incites, assists or engages in any rebellion or insurrection against the United States faces up to 10 years in prison.
Dunavant stressed that there is a distinction between the right to peaceful protest and the “civil disorder, rioting (and) violent acts” that occurred Wednesday.
On Wednesday, the massive “Stop the Steal” rally in Washington, D.C., culminated in Trump supporters storming the U.S. Capitol, halting the electoral vote count. Lawmakers, staff and journalists were evacuated as the mob forced its way into the building.
Five people died during the riot. One was killed by law enforcement. Three others died of medical issues. A United States Capitol Police Officer was injured during the violence and died Thursday.
“We are sparing no resource in investigating, identifying those people who were involved in this violent behavior and to catch them and punish them,” Dunavant said, adding that the search is nationwide, including all 93 judicial districts.
The Memphis field division of the FBI “is actively pursuing multiple leads, all leads, and we are coordinating with them very closely and they are using all their technology, resources and calling on the public for help and assistance in that.”
According to the U.S. Department of Justice, 13 people from across the country have been charged in federal court and approximately 40 charged in Superior Court after Wednesday’s riot at the Capitol.
“Today’s charges are just the beginning of the FBI’S ongoing efforts to hold those responsible for the criminal acts of violence and destruction that unfolded during the U.S. Capitol building breach on January 6th,” said FBI Director Christopher Wray in a news release.
Katherine Burgess covers county government and religion. She can be reached at katherine.burgess@commercialappeal.com, 901-5292799 or followed on Twitter @kathsburgess.