Robert F Kennedy Jr, the lawyer, conspiracy theorist and independent candidate for US president, vowed to investigate “whether prosecutorial discretion was abused for political ends” in convictions of January 6 rioters – just one day after his campaign said a fundraising reference to such prisoners as “activists” was an unfortunate error.
In a statement on Friday, Kennedy said that as president, he would “appoint a special counsel – an individual respected by all sides – to investigate whether prosecutorial discretion was abused for political ends in this case, and I will right any wrongs that we discover”.
On 6 January 2021, Donald Trump supporters attacked the US Capitol after the former president told them to “fight like hell” to block certification of his defeat by Joe Biden. Nine deaths are linked to the attack, including law enforcement suicides. More than 1,300 arrests have been made and nearly 1,000 convictions secured, some for seditious conspiracy. Some rioters have been held before trial.
Trump was impeached for inciting an insurrection but acquitted when enough Senate Republicans stayed loyal. Now the presumptive Republican presidential nominee, Trump has called January 6 prisoners “hostages” and “unbelievable patriots”; promoted a rendition of the national anthem performed in a Washington jail; and said that if re-elected, he will “free the January 6 hostages being wrongfully imprisoned”.
Earlier this week, the Kennedy campaign ran into a media firestorm when a fundraising email referred to “J6 activists sitting in a Washington DC jail cell stripped of their constitutional liberties” and compared them to Edward Snowden, the National Security Agency whistleblower who lives in exile in Russia, and Julian Assange, the WikiLeaks founder held in the UK while the US seeks extradition.
Amid uproar, a Kennedy spokesperson said: “That statement was an error that does not reflect Mr Kennedy’s views. It was inserted by a new marketing contractor and slipped through the normal approval process.”
But on Friday, Kennedy indicated that he does think some January 6 prisoners might be activists wrongly imprisoned.
“January 6 is one of the most polarising topics on the political landscape,” he said. “I am listening to people of diverse viewpoints on it in order to make sense of the event and what followed. I want to hear every side.
“It is quite clear that many of the January 6 protesters broke the law in what may have started as a protest but turned into a riot. Because it happened with the encouragement of President Trump, and in the context of his delusion that the election was stolen from him, many people see it not as a riot but as an insurrection.
“I have not examined the evidence in detail, but reasonable people, including Trump opponents, tell me there is little evidence of a true insurrection. They observe that the protesters carried no weapons, had no plans or ability to seize the reins of government, and that Trump himself had urged them to protest ‘peacefully’.”
That statement was in accordance with others, collected by NBC News, in which Kennedy has questioned or dismissed the severity of events on January 6.
Furthermore, the House committee that investigated January 6 detailed how protesters did carry weapons, some armed with guns; how Trump whipped up the crowd before belatedly appealing for calm; and how the riot followed lengthy attempts to find a legalistic way to keep Trump in power.
“Like many reasonable Americans,” Kennedy continued, “I am concerned about the possibility that political objectives motivated the vigour of the prosecution of the J6 defendants, their long sentences, and their harsh treatment.”
Echoing claims by Trump and Republicans in Congress, he said: “That would fit a disturbing pattern of the weaponisation of government agencies … against political opponents. One can, as I do, oppose Donald Trump and all he stands for, and still be disturbed by the weaponisation of government against him.”
Kennedy polls in double figures, has attracted millions of dollars in donations, has named a running mate (Nicole Shanahan, an attorney) and is seeking ballot access in key states. But he remains most likely to act as a spoiler in November, siphoning votes from both candidates but, many observers think, doing more damage to Biden.
In his Friday statement, Kennedy claimed to be following the example of the second US president, John Adams, “a staunch patriot” who in 1770 took on an unpopular task, “defend[ing] the British soldiers involved in the Boston Massacre”.
Kennedy also said Democrats as well as Republicans were “using J6 to pour fuel on the fire of America’s divisions”, and charged both parties with “demonising … opponents as apocalyptic threats to democracy”.
Many observers, however, view Kennedy himself as a threat to US democracy.
On Friday, before Kennedy issued his statement about January 6, Rahna Epting of Move On, a progressive advocacy group, and Matthew Bennett of Third Way, a centre-left group, described to reporters plans to switch from campaigning against No Labels, the centrist group that dropped out of the presidential race this week, to targeting Kennedy and his campaign.
“I want to be clear,” Epting said. “Robert Kennedy Jr’s ill-fated run for the presidency is helping put Donald Trump back in the White House and we’re going to work to stop that. Just as we organised against No Labels we’re going to organise against Robert Kennedy Jr. We’re going to let folks know we can’t win, but he can help Trump win.”
