As the return of President-elect Donald Trump approaches, concerns over accountability for the January 6 Capitol attack are growing. With the GOP regaining control in Washington, efforts to hold Trump and his allies accountable seem to be faltering, frustrating many who seek justice for what they consider one of the darkest days in U.S. history.
Trump faces two significant election interference cases, yet both have encountered major setbacks. Special Counsel Jack Smith has moved to dismiss the Jan. 6 case, citing internal Department of Justice (DOJ) policies that bar the prosecution of sitting presidents. This move leaves the door open for future charges, but prosecutors would face significant hurdles, including the statute of limitations.
Similarly, the legal battle in Georgia is encountering challenges. Fulton County District Attorney Fani Willis’s role has been questioned, and an appeals court judge has disqualified her due to ties to a key prosecutor. Although the case remains under appeal, a potential delay in prosecution could allow Trump to avoid legal consequences until after his presidential term ends.
The frustration is palpable among critics, particularly Democrats, who view Trump’s impending return to the White House as the ultimate failure of accountability. As Rep. Zoe Lofgren (D-Calif.) put it, it’s “pathetic” that the officers who defended the Capitol are being disrespected, while the person who incited the attack is set to return to power.
Moreover, as Trump nears office, some rioters involved in the Capitol attack have become emboldened. Many have delayed their trials or sentencings, hoping for a future pardon once Trump assumes office. Some defendants have even requested to attend Trump’s inauguration, and though most requests have been denied, it signals their confidence in future pardons.
Despite these setbacks, U.S. Attorney General Merrick Garland has emphasized that the Jan. 6 investigation remains one of the largest and most complex in DOJ history. Yet, as the legal landscape shifts, the question remains: Will justice truly be served, or will the rule of law be disregarded in the face of political power?
Experts warn that the failure to hold those responsible for the Capitol attack accountable could embolden future political violence, further eroding trust in the democratic process. As Trump’s return looms, the nation’s commitment to the rule of law will be tested in ways many fear could have long-lasting consequences for U.S. democracy.