Kentucky GOP Senator files resolution for ‘wrongfully held’ suspects in the Jan. 6 riot

A Republican Kentucky lawmaker has filed a resolution claiming that many people arrested for involvement in the Jan. 6, 2021, attack on the U.S. Capitol have been “wrongfully held.”

Sen. Lindsey Tichenor, R-Smithfield, filed Senate Resolution 50 on Friday, which recognizes “citizens who have been held without due process” after the attempted insurrection led by supporters of former Republican President Donald Trump, who has falsely asserted that he won the 2020 presidential election.

A number of false claims about the treatment of rioters on Jan. 6, 2021, have been circulated by national conservative media and politicians. A quarter of Americans believe the false claim that the FBI instigated the Jan. 6 riot, according to a recent poll. Tichenor repeated one of the falsehoods, stating that a number of people arrested for actions that day have been held for more than 1,000 days and still “haven’t had a trial or been charged.”

While it is true that many defendants are still awaiting trial, there’s no evidence supporting the claim that people have been held that long without being charged. The Associated Press reported in February 2022 that all people arrested in connection with the riot have been charged with crimes. The AP fact-checked the issue after former Arizona Republican gubernatorial candidate Kari Lake made a similar claim.

As of December, about 1,240 people have been arrested, according to the New York Times. The Department of Justice reported in October that nearly 600 people had pleaded guilty to charges stemming from the Capitol riot and nearly 100 had been convicted by a jury. The New York Times reports two people have been acquitted.

The resolution does not take any specific action, but “acknowledge(s) the events of January 6, 2021, and recognize(s) those citizens who have been wrongfully held without due process.”

When characterizing the events of that day, Tichenor said that “maybe there were some” people who attended the Jan. 6 rally to disrupt the election and storm the Capitol, but that didn’t reflect the majority of those in attendance.

“The majority of people assembled peacefully,” Tichenor said. “As the events unfolded, it became un-peaceful, but I know the majority did not attend that with mal-intent. They had a right to gather to protest. It’s their First Amendment right to assemble.”

Tichenor also said that she recently spoke with a Kentuckian who was “pushed” into the U.S. Capitol and was later arrested. She did not name the individual.

“It’s cost a lot and it’s been a really unfortunate situation,” Tichenor said. “And I think we have a lot of people who were affected in that way.”

At least 23 people from Kentucky have been arrested in connection with the Jan. 6, 2021 riots. A Lexington man who has previously run for city council was among them.

This story was originally published January 5, 2024 at 12:39 PM.

Austin Horn

Lexington Herald-Leader

706-571-8597

Austin Horn is a politics reporter for the Lexington Herald-Leader. He previously worked for the Frankfort State Journal and National Public Radio. Horn has roots in both Woodford and Martin Counties.