So far it seems that in the main they will be charged with trespassing:
“There is a natural cycle to an event like this,” the defense attorney added. “People will say it was the end of the world, then things will calm down, and they’ll begin looking at cases back on what people actually did.”
That’s no accident, of course. What’s left out of that statement is which “people” are saying what, and why. If the “event” is one that features leftists as the alleged perpetrators, the entire episode is trivialized and considered “mostly peaceful” even at the outset. But if it’s people on the right who stand accused, well that’s when the “end of the world” cries go out from the Democrats and their mouthpieces in the press.
That sets the narrative so that evidence that might later come out in a legal proceeding concerning what people actually did has already become irrelevant to the public. Even if no one or only a relatively few people end up being charged for their actions on January 6th, many Democrats will either say that proves that the legal system is biased in favor of the right and against the left, or they won’t even get the news at all. Either way, almost all will continue to think there was and still is a huge and dangerous insurrection afoot among people on the right, including all Trump supporters, and that just about anything is justified in order to stop it.
And prosecutors are facing pressure from judges to either back up their tough talk about sedition or put a lid on it. Michael Sherwin, the former lead Jan. 6 prosecutor, found himself rebuked by other senior prosecutors and Judge Amit Mehta last week for publicly flirting with the possibility of sedition charges when none had actually been leveled.
No matter what happens, I don’t think Biden or his spokespeople or any Democrat leader will ever admit this wasn’t an insurrection. Way too much is riding on that perception. They worked hard to plant that idea in the heads of the public, and it serves them in good stead. Why let facts get in the way?