According to the Washington Post, the Department of Justice and the FBI are considering not charging all of the insurrectionists who illegally entered the Capitol during the January 6th coup attempt, opting to forgo charges against those that did not commit any act of violence or vandalism.

While the DoJ has pledged to identify all those involved, the spectre of charging up to 7,000 people who trespassed on Capitol grounds, and specifically the 800 or so who illegally entered the Capitol building, could clog up the DC federal courts.

According to sources familiar with the internal debate, those people for whom there is no evidence of violence, threatening behavior or property damage – and are therefore only alleged to have illegally entered the building – would not be charged. 

Others in the DoJ and the Bureau feel that it is important to signal to all the domestic terrorists involved that any mayhem done to prevent lawful discharge of Congress’s duty to certify the election should face the full extent of the law.

“There is absolute resolve from the Department of Justice to hold all who intentionally engaged in criminal acts at the Capitol accountable,” Justice Department spokesman Marc Raimondi said in an email. “We have consistently made clear that we will follow the facts and evidence and charge individuals accordingly. We remain confident that the U.S. District Court for Washington, DC can appropriately handle the docket related to any resulting charges.”

With 135 people already charged, the task of investigators to identify those involved and prosecuting them would expend vital resources and time that could be spent pursuing more egregious criminals and preventing future assaults.

During the unrest that sprung from social justice protests in some cities, particularly in the Pacific Northwest, federal and state prosecutors opted to drop charges against scores of defendants who did not undertake property damage or assault.  Those arrested, primarily for unlawful assembly or failure to obey a police officer, were discharges without trial.