Treat the Attack on the Capitol as Terrorism

Public officials from Vice President Mike Pence on down have sung a consistent refrain since a mob attacked the Capitol on January 6: Those involved should be prosecuted to the “fullest extent of the law.” For those implicated in the murder of the Capitol Police officer Brian Sicknick, the penalties are obviously severe. Murdering a federal official carries a life sentence and, depending on what is proven at trial, could carry the death penalty.

For the others who swarmed the Capitol, though, the standard penalties could be underwhelming. The federal statute most on point, which is often used against protesters who disrupt congressional hearings, carries a maximum six-month sentence. The government-property statute has been used when protests get violent, but under that law, those who vandalized the Capitol would also with Capitol Police face a maximum punishment of only eight years, so long as they didn’t use a weapon.