Unrest at the Capitol: Potential Violations of the Uniform Code of Military Justice

"After the unrest at the U.S. Capitol on January 6, 2021, sources reported that current and former military service members were among the participants in the unrest. These reports prompted several Members of Congress to ask the Department of Defense to investigate service members’ participation and take disciplinary action. The military is investigating whether any active-duty service members participated in the unrest, and the Joint Chiefs of Staff issued a memorandum condemning the “violent riot” and actions “that were inconsistent with the rule of law.”

This Legal Sidebar examines potential violations of the Uniform Code of Military Justice (UCMJ), codified in Title 10 of the U.S. Code, those service members may have committed. The Sidebar begins by discussing which current and former service members are subject to the UCMJ. It then examines offenses under the UCMJ that current or former service members may have committed on January 6, 2021, including potential sentences for each offense. It concludes with several considerations for Congress.

For information on federal criminal laws that may be relevant to the unrest at the Capitol, see CRS Legal Sidebar LSB10564, Federal Criminal Law: January 6, 2021, Unrest at the Capitol, by Michael A. Foster and Peter G. Berris. For general information on the military justice system and courts-martial, see CRS Report R46503, Military Courts-Martial Under the Military Justice Act of 2016, by Jennifer K. Elsea and Jonathan M. Gaffney..."
Capitol unrest