On 6 January, rioters descended on the US Capitol in an attempt to overturn the defeat of Donald Trump in the 2020 presidential election. The events led to the immediate evacuation of senators during the vote certification procedure, and ultimately to five deaths, including an on-duty police officer. Multitudes of pro-Trump rioters who attacked police officers, stole computers among other items, and smashed windows have been arrested by the Federal Bureau of Investigation (FBI). The FBI is also conducting investigations into whether some rioters planned to kidnap members of Congress in order to hold them hostage.

Many of the rioters that face criminal charges claim to have been called to action by Trump in the days prior to the riot. Much of Trump’s rhetoric denounced the 2020 presidential election result with slogans such as “stop the steal” being used by both supporters and Republican congressmen and women. Amid the outfall of this riot, Republican lawmaker Derrick Evans has been arrested in connection to the events and reports indicate that many former army veterans, other Grand Old Party (GOP) – Republican - lawmakers and police officers have been identified as participants. President Biden has labelled the actions of the rioters as “insurrection”, “sedition”, and “domestic terrorism” and has staunchly condemned their actions. Whilst many Republicans have joined in condemnation of the events, others have expressed reticence with using such terminology. US Representatives Matt Gaetz, Kevin McCarthy, and Senator Ted Cruz have expressed strong criticism of the language used against rioters. The GOP lawmakers similarly accused fellow congressmen of hypocrisy in relation to their reactions to the Black Lives Matter protests in 2020.

2020 SUMMER PROTEST 

The framing of this event comes after months of Black Lives Matter (BLM) protests following the killing of George Floyd by four police officers. 8 minutes and 46 seconds became the impetus for a wave of anti- racist and anti-police demonstrations that took place all over the world during the course of the summer of 2020. America was “burning”,according to President Donald Trump. His solution? To blame Antifa a terrorist organisation. President Trump’s proposed declaration to label this group as a terrorist organisation would have been the first western nation classifying the group in such a category.  Many compared Trump’s advocation of Antifa being placed on the domestic terrorist list as a “knee jerk” “McCarthyite” reaction. Whilst many Republican politicians agreed that Trump should have continued his alleged plan to deploy the military against BLM protestors, the rhetoric used by pro-Trump supporters denounced violence against law enforcement with a clear line of respecting “boys in blue”.

Attorney General William Barr echoed Trump’s sentiments in reference to Antifa by naming them “radicals” and “agitators” who exploited the death for  “their own separate, violent and extremist agenda”. The terms that Barr’s used to describe Antifa in 2020 come at a sharp contrast to those used when discussing the rioters at Capitol Hill. Whilst the Attorney General expressed strong condemnation of Trump, he referred to the rioters as a “mob”, thereby framing their actions as momentary and atypical to the people alleged to have undertaken the criminal actions. The stark contrast in language expressed is notable. Despite 25 domestic terrorist charges being issued against some pro-Trump rioters, there are still undercurrents of the normalisation of “insurrectionable” violence by pro-Trump rioters.

DOMESTIC TERRORISM

The charge of domestic terrorism carries a maximum sentence of 10 years in a federal prison and ineligibility for public office. Republican politicians have expressed clear reticence in advocating for domestic terrorist charges against Capitol Hill protests, with many attempting to alter the narrative of the riot. The endorsement of Trump’s notorious “fake news” ideologue has led to US Representative Matt Gaetz rallying the unproven claim of Antifa being involved in the riots at Capitol Hill. 

THE LANGUAGE & IMAGERY OF DISSENT 

The framing of language and imagery is powerfully evident. For BLM protests, pro-Trump politicians quickly framed the movement as being “riotous”, and Antifa as “extremists.” Yet, expressed either reticence to the terms of insurrection against the pro-Trump riots or engaged in peddling misinformation. The consequences of language used are multifold. The terms utilized when one is painted as a “misguided supporter” versus that of an “extremist”, has the power to shape a narrative of artlessness in the face of active violence. 

The characterisation of Antifa and BLM as extremism Antifa and BLM by then-President Trump still has consequences today. Black Lives Matter protestors in Arizona were recently charged with possession of a deadly weapon for carrying umbrellas. Antifa continue to be added to the discourse of terrorist activity by many right-wing pundits and politicians. Whilst criticisms of violence used by Antifa can be explored, there are dangers in conflating this with the insurrectionist ambitions, and activities demonstrated earlier this month. The peddling of misinformation and the attempts to water down the actions of rioters, demonstrates the inconsistencies in addressing white supremacist domestic terrorism within the US. 

As quoted by Jared Keenan, senior staff attorney with American Civil Liberties Union (ACLU) of Arizona, there are “two different approaches to protesters that [law enforcement can take], they [can] view [them] as their political enemies and those who they have sympathy towards”.

Ann-Marie is studying for an Msc in Law & Society at Leiden University in The Netherlands. She recently completed the GDL at City, University of London and holds a BA in History from King’s College London University. Her academic and practice areas of interest are in human rights and public law, constitutional law, and public international law.