This dossier assembles source‑anchored facts showing how the largely non‑violent, often older majority of January 6 participants were treated like dangerous felons or terrorists. Each numbered section states what was done to them and why the practice conflicts with core constitutional rights
1 . Scale of the prosecutions & who the “majority” are
As of October 21 2024 the Department of Justice had charged 1 ,532 individuals. Only 571 (37 %) faced any violence‑or‑assault felony. The remaining ≈ 961 defendants (63 %) were charged solely with non‑violent counts such as trespassing or “parading.”
2 . Age profile — an unusually large “older cohort”
A Seton Hall Law review of the first 716 indictments found:
- 15 % were in their 50 s,
- 11 % were in their 60 s or 70 s.
Combined, ≈ 26 % were age ≥ 50—a threshold the Bureau of Prisons already classifies as “geriatric inmates.”
Real‑world consequences for elderly, non‑violent defendants
| Name & Age | Charge Level | Government Request | Final Outcome |
|---|---|---|---|
| Gary Wickersham, 81 | Single misdemeanor (“parading”) | Jail time requested | 90 days home detention + 3 yrs probation |
| Rebecca Lavrenz, 72 (“Praying Grandma”) | Four misdemeanors | 10 months prison requested | 6 months home confinement + $103 k fine |
| Pamela Hemphill, 70 | Single misdemeanor | Plea accepted | 60 days in federal prison despite active cancer treatment |
3 . 23‑hour‑per‑day lockdown for 400 straight days
The D.C. Department of Corrections kept January 6 detainees under a 23‑hour cell‑confinement regime that lasted roughly 400 consecutive days. Those arrested in late January 2021 spent about 150–200 continuous days (≈ 5–7 months) in near‑solitary conditions; one defendant documented a full 200 days. Senators Elizabeth Warren and Dick Durbin condemned the policy as “punishment before conviction.”
4 . Civil‑rights abuses & medical neglect inside that unit
- Contempt ruling: U.S. District Judge Royce Lamberth held the jail’s director and warden in contempt after they blocked specialist medical care and slashed attorney‑visit space, then referred the facility to the DOJ’s Civil‑Rights Division.
- 71‑year‑old Leroy Coffman: During a bipartisan congressional tour, lawmakers found his arm “turning purple” after weeks without treatment in the lockdown wing.
5 . Conditions so poor the U.S. Marshals pulled inmates
Following an unannounced November 2021 inspection, the U.S. Marshals Service removed roughly 400 federal prisoners from the same complex, citing “sub‑standard conditions.”
6 . Withholding of evidence & restricted attorney access
- The government retained exclusive control over at least 16 000 hours of Capitol CCTV and 1 600 hours of police body‑cam footage and delayed turning it over to defense teams.
- Judge Amit Mehta ruled that the resulting delays were “infringing on defendants’ speedy‑trial rights.”
- Meanwhile, the jail cut the number of attorney‑conference rooms, forcing cancellations of legal visits.
7 . Extended pre‑trial jailing of non‑violent (often older) defendants
A congressional memo from November 2021 listed about 40 defendants still in pre‑trial detention—many charged only with obstruction or trespass—months after arrest. Example: Jake Lang has spent nearly four years in custody awaiting trial, including prolonged solitary confinement.
8 . Felony “over‑charging” later thrown out
The DOJ applied 18 U.S.C. § 1512(c)(2) (maximum 20 years) to 300 + non‑violent defendants. On June 28 2024 the Supreme Court’s Fischer v. United States ruling declared the statute inapplicable without evidence‑tampering, forcing judges to dismiss or downgrade dozens of cases.
9 . Psychological toll of prolonged prosecution
Matthew Perna, a non‑violent trespasser who pled guilty but faced repeated sentencing delays, died by suicide on February 25 2022. His family cited “cruel” prosecutorial pressure and endless continuances.
10 . Ongoing speedy‑trial violations
Judges Mehta and Lamberth have each stated on the record that government‑caused discovery delays—not defense tactics—drove multi‑year postponements, yet detainees (including elderly misdemeanants) remained under restrictive conditions.
11 . Collateral speech & movement restrictions for misdemeanors
Release orders for many non‑violent defendants barred social‑media use, interstate travel, or firearm possession—conditions normally reserved for violent felons. Judges in U.S. v. Sandlin and U.S. v. Foy called the proposals “extraordinary.”
12 . Investigation over‑reach by the FBI
Immediately after January 6, Bank of America voluntarily supplied the FBI—without subpoena or warrant—with a spreadsheet covering every BoA debit or credit‑card transaction in the Washington‑metro region from 5 to 7 January 2021. The sheet contained thousands of names and flagged any cardholder who had ever made a firearms‑related purchase.
The bureau uploaded this bulk dataset into its Guardian lead‑tracking platform, effectively turning a private bank into an intelligence‑collection arm. Field agents objected that the list “lacked allegations of federal criminal conduct,” and the Domestic‑Terrorism Section Chief eventually ordered it removed—but only after the dragnet was executed and reviewed.
House Judiciary subpoenas later revealed that FinCEN circulated slide decks urging banks nationwide to sift customer records for keywords such as “MAGA,” “Trump,” “Cabela’s,” and “Religious Texts.” Critics argue the FBI and Treasury leveraged the Bank Secrecy Act’s suspicious‑activity framework to gather personal financial data absent probable cause, sidestepping the Right to Financial Privacy Act and chilling lawful political association.
Why These Facts Matter
- Majority non‑violent: 63 % face only misdemeanors.
- Older population: One‑quarter are age ≥ 50.
- Systemic isolation & neglect: Contempt ruling, Marshals removal, Coffman case.
- Due‑process pinch‑points: Withheld evidence, restricted lawyer access, years‑long pre‑trial holds.
- Charge inflation exposed: Supreme‑Court reversal of § 1512(c)(2) applications.
- Financial dragnet over‑reach: BoA transaction sweep with no legal process shows investigative zeal spilling into constitutionally protected zones.
- Human cost: Suicide, mental‑health harm, and the real‑world cases summarized in Section 2.