Plainly, every Capitol insurrectionist committed misdemeanors, likely many of them — trespassing on federal property and disorderly conduct, for example. And many defendants have been charged with these low-level crimes.

But every January 6 defendant could also be charged with more serious felonies. For example, the Justice Department has charged some but not all defendants with the felony offense of obstruction of an official proceeding — specifically, the constitutionally mandated counting of electoral votes by Congress. And frankly the Justice Department should have charged every January 6 defendant who entered the Capitol with this crime — this is precisely why they stormed the building.

Even sedition, a serious felony, can be legally satisfied by a showing that a defendant sought “by force to seize, take, or possess any property of the United States contrary to the authority thereof.” We all saw the January 6 insurrectionists take over the Capitol building by force, and they certainly did not have permission to do so.