Six Capitol policemen were suspended and thirty-five more are under investigation for allowing protesters into the Capitol Building on January 6th of this year.
This is great news for those charged with entering the building. Not necessarily all of them but the vast majority can now plead entrapment. Those who may have actually broken into the Capitol and who committed vandalism could still be in trouble.
But consider this. people who were admitted into the Capitol by the police and who did not commit any other crimes cannot be prosecuted.
Anyone not on video forcing their way into the Capitol could also claim they entered with the permission of the police and those who committed acts of vandalism but weren’t caught on video could also plead entrapment.
You cannot assume that someone who was allowed into the building would have broken in anyway.
It is reasonable for anyone being allowed in by the police to assume they were doing nothing wrong. Many of them never would have entered the building had not the police opened the doors and allowed them to walk in.
That is the very definition of entrapment. Police cannot lure you into doing something you normally would not do. That is an illegal act and although there is no criminal penalty for it, it is a legal defense.
Notice that after the police removed the barricades, the crowd did not go wild,. They are seen walking towards the building. in a fairly orderly fashion.
At the Capitol Building itself, police opened doors and watched as the protesters quietly walked into the building. Of course, there were those who committed vandalism inside and outside the building and they cannot claim entrapment.
FOX 5 DC reported:
A spokesperson for the U.S. Capitol Police has confirmed to FOX 5 that the Office of Professional Responsibility is investigating the actions of 35 police officers on Jan. 6, the day of the riot at the Capitol, and suspended six officers with pay.
The statement from the department reads.
“Our Office of Professional Responsibility is investigating the actions of 35 police officers from that day. We currently have suspended six of those officers with pay. Acting Chief Yogananda Pittman has directed that any member of her department whose behavior is not in keeping with the Department’s Rules of Conduct will face appropriate discipline.”
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Viral videos of some Capitol Police officers raise questions about their actions during the riot.
Some officers are seen standing along a doorway almost motionless as people file into the Capitol.
At least two accused rioters have told the FBI a Capitol Police officer told them, “It’s your house now.”