Protesters who went inside the Capitol during the riot on Jan. 6, 2021, can be charged and convicted of disorderly conduct, a federal court ruled Friday, even if they did not engage in particularly disruptive behavior.
D.C. Circuit Court of Appeals Judge Karen LeCraft Henderson said the court decided to uphold the conviction of Russell Alford, who entered the Capitol during the riot three years ago, because even nonviolent and passive conduct could be disorderly.
TWELVE DAYS OF WEX-MAS: TRUMP COURT BATTLES MIGHT CONTAIN ONLY THING THAT CAN STOP HIM
“The trial evidence indicated that, during Alford’s brief time within the Capitol, he was neither violent nor destructive,” Henderson wrote in the filing. “Nevertheless, we affirm his convictions because a jury could rationally find that his unauthorized presence in the Capitol as part of an unruly mob contributed to the disruption of the Congress’s electoral certification and jeopardized public safety.”
Alford had attempted to get his conviction overturned because he had not engaged in destructive or violent behavior. Alford was convicted of four misdemeanors related to the riot and sentenced to one year in prison.
The court also ruled that the lower district court did not abuse its power in sentencing Alford to one year because the punishment was on the lower side of the sentencing guidelines.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The decision came one day before the three-year anniversary of the riot, which has resulted in more than 1,200 people facing federal crime charges. The FBI and federal prosecutors are also still looking for at least 80 suspects and the person who placed pipe bombs outside the Democratic National Committee and Republican National Committee headquarters.
“The Justice Department will hold all Jan. 6 perpetrators at any level accountable under the law, whether they were present that day or otherwise criminally responsible for the assault on our democracy,” Attorney General Merrick Garland said Friday.
