Trump still not charged for crimes related to failed 2021 coup attempt

Friday, January 6, 2023, marks 24 months since the attack on the U.S. Capitol that disrupted a joint session of the U.S. Congress in the process of affirming the presidential election results.

Jack Smith is the special counsel leading the probe into former president Donald Trump’s theft of top secret government documents and his efforts to overturn the 2020 election, which led up to the Jan. 6 attack.

The Office of the United States Attorney for the District of Columbia claimed that the government continues to investigate losses that resulted from the breach of the Capitol, including damage to the building and grounds, both inside and outside the building.

The losses suffered as a result of the siege at the Capitol totaled $2,734,783. 

That $2.7 million reflects, among other things, damage to the building and grounds and certain costs borne by the U.S. Capitol Police.

Several reports have revealed the Justice Department decided not to charge Donald Trump with campaign finance violations related to hush money paid to former stripper Stormy Daniels.

What was touted by many experts as a slam-dunk criminal charge has now joined a lengthy list of alleged crimes that are apparently off the table.

Jack Smith is the special counsel looking into former president Donald Trump

The special counsel investigating Trump has new e-mails, letters, and other documents from election officials in battleground states, as the federal probe accelerates into whether the election loser should face criminal charges for efforts to overturn the 2020 victory of President Joe Biden.

Two years after the US Capitol attack and with the 2024 election cycle looming, Special Counsel Jack Smith and his team of Justice Department prosecutors are combing through new testimony and evidence. He’s set to make critical decisions about whether to bring charges, possibly in a matter of weeks, according to people familiar with the matter.

Officials in several states confirmed they have complied with an early round of grand jury subpoenas from Smith’s office. One set of material reviewed by Bloomberg from a key battleground in Nevada shows Trump’s 2020 campaign representatives lobbing accusations of fraud and mismanagement at local officials in the days after the election.

Attorneys working under Smith are also pouring over dozens of interview transcripts from the congressional panel that just wrapped up its own Jan. 6 probe, said people familiar with the investigation, who asked not to be named to discuss information not yet public. That includes testimony from White House aides who said Trump knew he lost the election and at least one Republican official who linked the former president to efforts to seat alternate slates of electors in some states he lost.

“You can tell that it’s moving quickly,” said Brian Kidd, a former federal prosecutor who served under Smith at the Justice Department.

Kidd, now a partner at Morrison & Foerster, said the information that’s come out so far about Smith’s activity — like the recent round of subpoenas to officials in 2020 battleground states — shows that concerns the probe would slow down after Attorney General Merrick Garland decided to appoint a special counsel were unfounded.

The Department of Justice (DOJ) in filings has laid out how it spent months unsuccessfully trying to get sensitive government documents back from Trump after he left office, culminating in the August search.

A redacted affidavit indicated that the government received 15 boxes from Mar-a-Lago with dozens of documents marked “secret” or “top secret,” raising concerns that additional highly sensitive materials were still at the residence and prompting the search.

Donald Trump spoke during a rally Jan 6, 2021
Donald Trump spoke during a Jan. 6, 2021 rally that turned into a riot.

Under the continued leadership of the U.S. Attorney’s Office for the District of Columbia and the FBI’s Washington Field Office, the investigation and prosecution of those responsible for the attack continues to move forward at an unprecedented speed and scale.

The Department of Justice’s resolve to hold accountable those who committed crimes on January 6, 2021, has not, and will not, wane.

Based on the public court documents, below is a snapshot of the investigation as of the close of business Tuesday, January 3, 2023.

Complete versions of most of the public court documents used to compile these statistics are available on the Capitol Breach Investigation Resource Page.

More than 950 defendants have been arrested in nearly all 50 states and the District of Columbia, which includes those charged in both District and Superior Court.

Criminal charges:

  • More than 284 defendants have been charged with assaulting, resisting, or impeding officers or employees, including approximately 99 individualswho have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.
    • Approximately 140 police officers were assaulted January 6 at the Capitol, including about 80 from the U.S. Capitol Police and about 60 from the Metropolitan Police Department. 
  • Approximately 11 individuals have been arrested on a series of charges that relate to assaulting a member of the media, or destroying their equipment, on January 6.
  • Approximately 860 defendants have been charged with entering or remaining in a restricted federal building or grounds. Of those, 91 defendants have been charged with entering a restricted area with a dangerous or deadly weapon.
  • Approximately 59 defendants have been charged with destruction of government property, and approximately 36 defendants have been charged with theft of government property.
  • More than 295 defendants have been charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so.
  • Approximately 50 defendants have been charged with conspiracy, either: (a) conspiracy to obstruct a congressional proceeding, (b) conspiracy to obstruct law enforcement during a civil disorder, (c) conspiracy to injure an officer, (d) seditious conspiracy, or some combination of the four. 

Pleas:

  • Approximately 484 individuals have pleaded guilty to a variety of federal charges, many of whom faced or will face incarceration at sentencing.
    • Approximately 119 have pleaded guilty to felonies. Another 364 have pleaded guilty to misdemeanors.
    • A total of 52 of those who have pleaded guilty to felonies have pleaded to federal charges of assaulting law enforcement officers. An additional 22 individuals have pleaded guilty to felony obstruction of law enforcement during a civil disorder. Of these 74 defendants, 41 have now been sentenced to prison terms of up to 90 months.
    • Four of those who have pleaded guilty to felonies have pleaded guilty to the federal charge of seditious conspiracy.

Trials:

  • 40 individuals have been found guilty at contested trials, including 3 who were found guilty in the Superior Court of the District of Columbia. Another 10 individuals havebeen convicted following an agreed-upon set of facts. 16 of these 50 defendants were found guilty of assaulting, resisting, or impeding officers, a felony, including one who has been sentenced to 10 years in prison.

Sentencings:

  • Approximately 351 federal defendants have had their cases adjudicated and received sentences for their criminal activity on January 6. Approximately 192 have been sentenced to periods of incarceration. Approximately 87 defendantshave been sentenced to a period of home detention, including approximately 14 who also were sentenced to a period of incarceration.

Public Assistance:

  • Citizens from around the country have provided invaluable assistance in identifying individuals in connection with the January 6 attack. The FBI continues to seek the public’s help in identifying approximately 350 individuals believed to have committed violent acts on the Capitol grounds, including over 250 who assaulted police officers.
  • Additionally, the FBI currently has 14 videos of suspects wanted for violent assaults on federal officers and one video of two suspects wanted for assaults on members of the media on January 6th and is seeking the public’s help to identify them.
  • Some of the violent offenders about whom the FBI is seeking public tips to identify or locate include Evan NeumannJonathan Daniel Pollock,  AFOs #91#292#371, and #383. AFO #91 uses what appears to be a stick to strike multiple officers numerous times while in the doorway of the Lower West Terrace, commonly referred to as the tunnel. AFOs #292, #371, and #383 are all shown on video charging at and assaulting officers, and they appear to grab and attempt to take possession of the officers’ batons.
  • For images and video of the attackers, please visit https://www.fbi.gov/wanted/capitol-violence. Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
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