Prosecutors have moved full speed ahead with hundreds of cases against rioters but haven’t made use of the much-discussed sedition laws. They’ve rounded up dozens of extremists and militia members yet failed to convince judges that most are too dangerous to release pre-trial.
The investigation is still in its early stages. Prosecutions in the backlogged court system could stretch on for years, even if most rioters ultimately plead guilty.
The 100-day mark provides an opportunity for reflection. Here’s a breakdown of where things stand, and what the Justice Department has and hasn’t done so far with its criminal probe.
What prosecutors have done so far
The Justice Department has charged at least 375 people in 43 states and the District of Columbia in connection with the insurrection, according to CNN’s latest review of court documents. The sweeping nationwide manhunt has lived up to the early predictions from law enforcement officials that this would be the largest federal investigation since the 9/11 attacks.
Prosecutors brought conspiracy cases against about 20 members of these paramilitary groups, differentiating them from the hundreds of rioters facing trespassing charges. But going forward, prosecutors could struggle to prove that there was a thought-out plan to storm the Capitol or commit violence in Washington, which has already become a sticking point in some cases.
What prosecutors haven’t done
Even with all the arrests, there are still about 225 photographs of rioters on the FBI website that haven’t been identified. Some of them were involved in grisly attacks against law enforcement.
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