Letter to Jeffrey A. Rosen, Acting Attorney General - Rep. McNerney Leads Colleagues in Calling on DOJ to Bring Perpetrators of Capitol Insurrection to Justice

Letter

Dear Acting Attorney General Rosen:
We write to request that the U.S. Department of Justice bring the perpetrators of the January 6,
2021, terrorist attack on the United States Capitol to justice. Not since 1814 has our country seen
an attack of this scale upon the Capitol and direct challenge to the ideals and values that underly
our democracy.
On January 6, 2021, Congress convened to ratify the election of President-Elect Joe Biden and
Vice President-Elect Kamala Harris. That process was interrupted when large crowds of rioters
breached police barricades and broke into the Capitol. There, rioters vandalized halls; ransacked
offices; entered restricted government offices by force and with deadly weapons; and put the
lives of Members of Congress, Congressional staff, Capitol staff, and law enforcement officers at
risk. Videos and photos captured hundreds of rioters storming the Capitol, nearly all of whom
walked away without arrest. The overwhelming majority of the rioters have still not faced any
consequences.
As Deputy Attorney General, you issued a memorandum on September 17, 2020 in response to
Black Lives Matter protests encouraging U.S. Attorneys to charge protestors with "[s]editious
conspiracy" under 18 U.S.C. §2384.1
In the memorandum, you explain that "Section 2384 does
not require proof of a plot to overthrow the U.S. Government…it also applies to conspiracies
with any of the following objects: "to oppose by force the authority [of the Government of the
United States]'; "by force to prevent, hinder, or delay the execution of any law of the United
States'; or "by force to seize, take, or possess any property of the United States contrary to the
authority thereof.'"2
In addition, the memorandum states that "…there are several other federal
offenses that you should consider in charging defendants involved in violent riots, to the extent
they may apply. Those include:
* Damage to Federal Property, 18 U.S.C. § 1361
* Use of Fire or Explosives, 18 U.S.C. § 844
* Civil Disorder, 18 U.S.C § 231(a)
* Riots, 18 U.S.C. § 2101(a)
* Interstate Communications, 18 U.S.C. § 875
* Damage to Veterans Monuments, 18 U.S.C. § 1369
1 Charging in connection with violent rioting, including 18 U.S.C. § 2384. U.S. Department of Justice, Office of the Deputy
Attorney General, 17 September 2020, https://www.justice.gov/opa/page/file/1317916. Accessed 7 January 2021.
2
Id.
2
* Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises, 18
U.S.C. § 1952."
3
Your September guidance, which includes reference to a number of crimes that expose
defendants to lengthy sentences, followed a series of largely peaceful nationwide protests. Now
you are faced with a direct attack on the seat of our nation's government that ended in the death
of five individuals, including a law enforcement officer who was protecting lawmakers and staff.
As you move forward with investigating the terrorist attack on the Capitol, we expect that you
will fully consider the criminal offenses that you cited in your September guidance and all other
relevant charges for each person connected with carrying out the attack.
Thank you for your attention to this urgent matter.

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