What was the US justice system thinking?

Every night since August 2022, a small crowd has gathered outside the Washington DC Central Jail, through frigid winter nights and under spring rain, to protest against the US justice system.

The protesters outside the red-brick buildings of the facility pray, discuss the news, and broadcast telephone calls with prisoners inside the jail, where hundreds of accused or convicted rioters have been held in the three years since the 6 January 2021 storming of the Capitol.

What are the protesters protesting? Is the thinking here that violent assaults on the federal government should be legal?

In recent months, as Donald Trump has gripped the Republican Party’s presidential nomination, the protesters have taken heart from the ex-president’s vocal public support for those who attacked Congress.

If we’re really really lucky he’ll be president again by this time next year, and laws will cease to exist.

At rallies, Mr Trump plays a version of the national anthem recorded by the J6 Prison Choir – an anonymous group of prisoners thought to include several violent offenders. On Wednesday, he posted a video of the song on his Truth Social account, describing them as “January 6th hostages” – a term he has increasingly used in reference to the rioters.

…

When a mob of Mr Trump’s supporters breached the US Capitol to try to stop the certification of Joe Biden’s victory in the 2020 presidential election, the images of police and security officers under attack and armed rioters surging into the centre of American democracy shocked the country.

Around 140 police officers were assaulted, according to justice department figures. In total, more than 1,350 people have been arrested since then. Nearly 30 January 6 inmates are reported to be currently held in the DC jail, most of them charged with assaulting officers.

30. I was confused by the bit where the BBC said “prisoners inside the jail, where hundreds of accused or convicted rioters have been held” because that sounded like way too many, but now I get it: they meant hundreds over the past four years, not hundreds now. Werdz are tricky.

There’s a tiny thread of hope here.

Polling, however, suggests the idea that the Capitol rioters are being treated unfairly is broadly rejected by most Americans.

A Washington Post-University of Maryland survey in December 2023 found that nearly three-quarters of respondents believed punishments had either been “fair” or “not harsh enough”. And a recent survey by Associated Press-NORC Center for Public Affairs Research found two-thirds of Americans thought the riot was “very” or “extremely” violent.

…

Gunner Ramer, political director of Republican Accountability, a political action committee opposed to Mr Trump, said the campaign rhetoric about January 6 “hostages” could be particularly damaging among voters that might ultimately determine the outcome of the election.

“Trump talking about ‘political prisoners’ activates victimhood grievance politics and connects with Republican primary voters,” he said. “But when you’re talking about swing voters – those who supported Trump in 2016 but not in 2020 – they are absolutely repulsed by January 6.”

Maybe it will be his undoing. Fingers crossed.