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The rioters who stormed the United States Capitol on Jan. 6 may be facing class action lawsuits.
John Banzhaf, a George Washington University professor, says organizing the allegations into a class action lawsuit might be a viable alternative to prosecuting the cases, one that would send a powerful message, WUSA reports.
The professor, who is widely known, among other things, as an attorney who paved the way for former President Richard Nixon’s resignation in 1974, thinks the 135 people officially charged so far should not get away “scot-free.”
The question of how to move forward with the cases have been privately debated among federal law enforcement, according to The Washington Post.
The Justice Department has pledged to identify and arrest the rioters but internally have gone back and forth about what the official charges will be.
Banzhaf argues by suing the accused rioters of property damage and emotional suffering, prosecutors would be sending a strong message.
“If you’re facing a multimillion-dollar judgment which will follow you the rest of your life and result in garnishment of your wages, possible loss of your house and other possessions, I think a lot of people are going to think twice before they decide, ‘Yeah, let’s have a riot,'” he told WUSA.
As the debate on whether or not to charge the Capitol rioters continues, more suspects are getting arrested.
On Monday, a well known Trump supporter was arrested in Nebraska on felony charges, The Washington Post reports.
Brandon Straka, 44, became popular for starting the “Walk Away” campaign on social media. His following grew to more than half a million people after he posted a video in 2018 elaborating on why he left the Democratic Party.
Some of the evidence the FBI is using against him are videos of him grabbing a shield from Capitol Police, according to The Washington Post.
Another arrest was made on Monday, of a man accused of discharging a fire extinguisher on a Capitol Police officer on Jan. 6. He was charged with using a deadly weapon.
Some of these defendants have been released but at least one remains behind bars. A District of Columbia District judge has blocked the release of Eric Munchel following his arrest in Nashville, Newsweek reports.
Munchel was captured on video holding zip ties and dressed in military-style gear in the Senate Chamber gallery.
The FBI estimates roughly 800 people surged the Capitol building on Jan. 6. Some federal officials argue not all of them were destructive, according to The Washington Post.
Another issue some officials have brought up is capacity. In 2019, The Washington Post says D.C. federal courts handled some 430 cases. The Capitol rioters would make up more than a quarter of the volume seen in a year.
The Justice Department and prosecutors say they remain dedicated to seeing the cases through.
“Every person who was present without authority in the Capitol on January 6 contributed to the chaos of that day and the danger posed to law enforcement, the Vice President, Members of Congress, and the peaceful transfer of power,” prosecutors said in a statement regarding the Munchel case.
TCA reached out to representatives for Straka and Munchel for comment and will update the story when we hear back.
How do you think the Capitol rioters should be dealt with? Let us know in the comments below.
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