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FACT BRIEF

Have prosecutors brought forward widespread conspiracy charges related to organizing the Jan. 6 Capitol riot?

Tuesday, August 31, 2021
By Jacob Alabab-Moser
This Fact Brief is responsive to conversations such as this one.
NO

Government prosecutors have mostly avoided charging individuals or groups with conspiracy-related crimes involving the Jan. 6 Capitol riot. Immediately after the attack, prosecutors suggested those found to be involved could face charges such such as seditious conspiracy or racketeering.

Prosecutors to date have charged 18 people affiliated with the “Oath Keepers” for offenses including conspiracy. Most of the more than 570 individuals charged to date in connection with the incident, however, face charges such as assaulting a law enforcement officer, illegal entry or disorderly conduct.

Sources with knowledge of the FBI's investigation of the riot say that the agency has found little evidence of an organized plot, as Reuters reported in August. Earlier news media reports said the FBI found little evidence of widespread advance planning by insurgents to breach the Capitol building. 

The law enforcement investigation remains ongoing.

Sources
US Department of Justice Fifth superseding indictment unsealed in Oath Keeper conspiracy case related to Jan. 6 Capitol breach
US Department of Justice US Attorney for District of Columbia: Capitol Breach cases
Lawfare Here’s how the Capitol mob violated federal criminal law
Reuters Exclusive: FBI finds scant evidence US Capitol attack was coordinated - sources
Wall Street Journal Capitol riot cases show scant evidence of advance plans to breach the Capitol
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.