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Where the Jan. 6 Capitol attack investigation stands, by the numbers: DOJ

2:36
VP Harris to oversee certification of 2024 election
Bloomberg via Getty Images
ByAlexander Mallin
January 06, 2025, 5:04 AM

Nearly 1,600 individuals have faced charges in the four years since a mob of President-elect Donald Trump's supporters attacked the U.S. Capitol, according to figures released by the U.S. Attorney's Office on Monday.

But one of the largest investigations in the Department of Justice's history now faces a future rife with uncertainty.

PHOTO: Biden Inauguration Ceremony Curtailed By Security And Virus Threats
Riot shields at the U.S. Capitol in Washington, D.C., on Jan. 19, 2021. President-elect Joe Biden arrived on the eve of his inauguration with the usual backdrop of celebrations and political comity replaced by a military lockdown.
Bloomberg via Getty Images

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Of the roughly 1,583 defendants whom prosecutors have charged in connection with the Capitol riot, 608 have faced charges for assaulting, resisting or interfering with law enforcement trying to protect the complex that day, the office said.

Roughly 174 of those 608 were charged with using a deadly or dangerous weapon or otherwise causing serious injury to an officer.

And in a rare move, the U.S. Attorney's Office revealed it is currently evaluating whether to bring charges in roughly 200 cases that have been referred to them by the FBI, about 60 of which involve potential felony charges involving allegations of assault or impeding law enforcement.

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Capitol police officers point guns at a door during a joint session of Congress to count the votes of the 2020 presidential election in the House Chamber in Washington, D.C., on Jan. 6, 2021.
Bloomberg via Getty Images

While the U.S. Attorney's Office has provided monthly "by the numbers" updates in connection with the Capitol attack -- detailing arrests, guilty pleas and sentencings among other figures -- Monday's update is the first to include an estimate of the number of uncharged cases being evaluated by prosecutors.

It comes just days before Trump is set to take office for his second term and potentially follow through on his years-long public promises to pardon a vast number of Jan. 6 defendants, whom he has described as "political prisoners" unfairly targeted by the Biden administration.

The two months since Election Day have already proved to be a time of major instability for the Justice Department's Capitol riot cases -- as prosecutors have sought to manage an increasing number of newly emboldened defendants seeking delays in their cases with the potential promise of pardons or commutations on the horizon.

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While Trump has promised to hand down a number of pardons and commutations during his first hours in office to some Jan. 6 defendants, neither he nor his transition have provided concrete guidance on how sweeping those pardons will ultimately be.

Trump's Justice Department is also expected to slow down or even shutter completely the ongoing investigation into the attack.

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In figures released Monday, the U.S. Attorney's Office made clear to document how many cases are outstanding in advance of Trump's inauguration, noting that 170 defendants who have already pleaded guilty or been found guilty still await sentencing.

Roughly 300 cases remain where a charged defendant hasn't pleaded guilty or been found guilty, approximately 180 of whom have been charged with assaulting or impeding police.

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