Political Prisoners?

The Department of Justice (DOJ) asserts that its focus is on violence rather than ideology. However, it is evident that the DOJ considers January 6 defendants to be a danger to the community. This perception is based on the fact that these defendants refuse to renounce their political beliefs, which is used as a justification for their pretrial incarceration. DOJ officials have now started labeling them as “violent extremists” and “domestic terrorists” to justify treating them differently from other defendants in the criminal justice system.

The prosecution of January 6 defendants appears to be politically motivated, as they are being subjected to harsher treatment due to their political affiliation. These individuals, who protested what they believed to be a fraudulent election, have been specifically targeted by the Biden DOJ because of their political views and their support for the previous administration. On January 6, many of these protestors were allowed to freely enter the Capitol, as evidenced by numerous videos.

However, their access to the Capitol resulted in the arrest of many protestors, who are now being denied their right to due process. Normally, these detainees would have received a fair trial in a timelier manner, in accordance with their Fifth Amendment rights. Yet, even after almost two years, many January 6 defendants are still in pretrial detention without a trial date. In most other cases, these detainees would have been granted bail, had a speedy trial, and received lenient sentences.

This situation represents a clear violation of the constitutional guarantee of equal protection for all individuals under the law, as stated in the Due Process Clause of the Fifth Amendment to the U.S. Constitution. Furthermore, those held in the D.C. jail have been subjected to solitary confinement for over a year, deprived of the ability to shave, and denied religious services. The latter is a direct violation of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 52000cc-1.