Defendants who were unlawfully present at the Capitol during the January 6 riot can be convicted even if they were passive observers, according to a federal appeals court.
The D.C. Circuit Court of Appeals ruled Friday that the Capitol invaders during the riot did not have to act in a “disorderly” or “disruptive” manner to be guilty of disorderly conduct. This is because such a definition is “vague, but over time its concrete contours have become clear.'' Two points are important here. ”
“First, it is well established that whether conduct qualifies as disorderly depends on the surrounding circumstances,” the court wrote. “Courts have consistently stated that “whether a particular act gives rise to a breach of the peace depends on the accompanying circumstances'' and that “a consideration of the circumstances is essential.''
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Americans loyal to then-President Donald Trump rally at the U.S. Capitol in Washington, Jan. 6, 2021. (AP Photo/Jose Luis Magana, File)
“Second, the case law is equally clear that even passive, quiet, nonviolent acts can amount to disorder,” the decision continued.
The court compared the intruders at the Capitol on Jan. 6, 2021, to hikers and audience members in an extended metaphor about the song.
“A lone hiker on a mountaintop can sing at the top of his lungs without disturbing himself, but a library patron cannot do the same,” the court said. “While it is perfectly appropriate to applaud or cheer when a keynote speaker takes the podium, it is usually disruptive to do so after the room has quieted down and the speaker has begun speaking.”
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Demonstrators enter the Rotunda of the U.S. Capitol in Washington, D.C. (Saul Loeb/AFP via Getty Images)
“Therefore, when determining whether an act is disorderly, it cannot be separated from the circumstances in which the act takes place.”
The court's ruling comes after defendant Russell Al, who was convicted of four misdemeanors in 2022 despite claiming he was a passive bystander who did not participate in the disturbance. It canceled Ford's appeal against his conviction.
“A reasonable jury would find that Mr. Alford's actions were destructive because his presence in the Capitol contributed to Congress' several-hour delay in completing the certification of electors,” the court documents state. It is possible to conclude that it was.”
Trump supporters occupy the west front of the U.S. Capitol and the inauguration stands. (Bill Clark/CQ-Roll Call, Inc, via Getty Images)
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It added: “There was sufficient evidence for a jury to conclude that Mr. Alford knowingly entered the Capitol without authorization.”
Alford was sentenced to 12 months in prison.
