A New Seton Hall University Report Profiles The People Prosecuted For January 6 Insurrection

Researchers at Seton Hall University’s Center For Policy and Research have released a new detailed profile of the 716 people who’ve been prosecuted by the Department of Justice for their role in the U.S. Capitol riot on January 6, 2021.

The 73-page report, The January 6 Insurrectionists: Who They Are and What They Did, under the direction of lead author Mark Denbeaux, a law professor at Seton Hall, offers an in-depth look into the makeup and backgrounds of those who’ve been prosecuted in connection with the events at the Capitol on January 6.

It summarizes dozens of demographic and other individual variables, including characteristics of the defendants’ actions, the criminal charges they faced, their organizations, and the dispositions of their cases. The report covers those people criminally charged by the Department of Justice for their participation in the Capital riot in the twelve months following January 6th, 2021.

The data were drawn from several sources, according to the report – “legal filings, including statements of fact issued by the FBI, criminal complaints, arrest warrants, indictments, and ancillary documents such as depositions and court transcripts. In some instances, the social media accounts or testimony of the defendants was considered along with information from reputable national news outlets and local newspapers of the defendants’ hometowns.”

Charges

Of the 716 persons charged within the first year, 391 were charged with felonies (primarily different forms of conspiracy, obstruction and/or violence), and 325 were charged with misdemeanors (primarily forms of trespass).

Dispositions

As of June 12, 2023, of the 716 defendants profiled in the report, 529 have been found or pled guilty, and 175 are waiting on plea and trial dates still to come. Five defendants have died, four have fled, and two people have had their charges dismissed by the government. Only one person, charged with a misdemeanor, was acquitted.

In other words, so far the Department of Justice has won 529 of 532 cases it’s charged – a 99.4% conviction rate.

Age

The age of those prosecuted for January 6 crimes ranged from 18 to 81. Thirty-one (4.3%) were under the age of 21, 136 (19.0%) were in their 20s, 203 (28.4%) were in their 30s, 156 (21.8%) were in their 40s, 137 (19.1%) were in their 50s, 45 (6.3%) were in their 60s. Eight (1.1%) individuals were 70 or older.

Those charged with felonies tended to be slightly younger, with an average age of 39.2 years. In comparison, those charged with misdemeanors had an average age of 41.7 years.

Race/Ethnicity

Of the 716, the overwhelming majority (92%) were white. Of the remaining 57, seven (1%) were Asian, 39 (5.4%) were Hispanic, 10 (1.4%) were Black, and one was Native American.

Gender

Women made up only 12.7% (91 of 716) of the charged rioters. One third of women were charged with felonies, compared to more than half of the men.

Education

Of the 224 individuals for whom data about their education level was available, 37% had college degrees, 23% had completed “some” college, 30% had earned high school diplomas, 9% had completed some post-graduate education, and 1% had only finished some high school.

That distribution is not all that different from the national educational levels of white Americans, with the exception that college graduates are overrepresented among the defendants and those with more than a four-year degree are underrepresented.

Home States

The top states of origin were Florida, Pennsylvania, Texas, New York, and California, which collectively accounted for 43% of those arrested. Of all the insurrectionists who were charged, 11.5% (82 of 716) traveled from Florida, 8.9% (64 of 716) from Pennsylvania, 8.8% (63 of 716) from Texas, 7.4% (53 of 716) from New York, and 7.3% (52 of 716) from California. The only states not represented among the 716 arrested were North Dakota, Nebraska and Vermont.

Alone, With Families, Or With Others

A total of 35.1% (251 of 716) of the defendants were identified as going to the Capitol alone. Those coming with families constituted 20% of all defendants. The remaining 44.9% appear to have come with a friend or an unrelated acquaintance.

Criminal Record

For the entire groups of defendants, 22% had a prior criminal record, relying on the FBI’s standard that anyone arrested on a felony charge (regardless of disposition) or with a misdemeanor record, arrest, or prosecution unexpended on the federal level has a criminal record.

Of those arrested for misdemeanors, 17% (57 of 330) had prior criminal records, while 26% (101 of 386) of those arrested for felonies had a prior criminal record. This suggests first, that the misdemeanants were a bit “less criminal” than the 716 as a whole, and second, that the felons were slightly “more criminal” than both the group at large and the misdemeanants.

Weapons

Of the 716 individuals who participated in the January 6th event, 178 (25%) came with weapons, which included baseball bats, brass knuckles, pepper/dear sprays, skateboards, hockey sticks, police batons, flagpoles, crowbars, tasers, crutches, signs, and guns.

Employment

Researchers were able to verify employment data for more than half (430 of 716) of the insurrectionists.

The largest employment group was what the report termed the Business Owner group, accounting for 24.7% (106 of 430) of the insurrectionists; it included active, retired and former business owners.

The second largest group was a Blue Collar or Working-Class group, making up 17.2% (74 of 430) of the insurrectionists. A White-Collar group accounted for 8.8% (38 of 430).

Among other occupations, 3.7% (16 of 430) worked in healthcare; 2.6% (11 of 430) were coaches or teachers; and 2.1% (9 of 430) worked in real estate.

Only 35 of the 716 individuals (5%) were identified as unemployed; that group consisted of students, homemakers, and retirees.

Financial Problems

Out of the 716 individuals who were prosecuted, 140 (20%) had or were facing serious financial hardships such as bankruptcies, judgments/liens, and foreclosures/evictions. Among those with prior financial hardships, 70.7% had a prior criminal record.

Law Enforcement and Military Background

The report found that 133 (18.5%) of the 716 insurrectionists had served in law enforcement or the military – 28 had a background in law enforcement, while 105 had a military background. Of the 105 military-affiliated insurrectionists, 31 (29.5%) were part of groups, including 13 Proud Boys, 12 Oath Keepers, and six Three Percenters.

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The new report begins to shed some initial light on the questions that have puzzled many Americans ever since the January 6 attack on the Capitol – “just who are these people,” “where did they come from,” and “what accounts for the violent acts so many were willing to commit that day?”

It also confirms the remarkable efficiency and effectiveness of the Department of Justice’s prosecutorial efforts related to the riot. As lead author Mark Denbeaux’s observed in a Seton Hall news release, “I have been practicing and teaching law for more than 50 years and the Center’s reports have detailed government legal and extralegal action – and inaction – for nearly 20 years and I have never seen the DOJ move this quickly or this effectively.”