A judge has dismissed one of the charges for the six people who are on trial now but they still face serious punishment including real jail time.
The Huffington Post reports:
The First Felony Trial Of Trump Inauguration Protesters Is About To Go To A Jury
A judge overseeing the jury trial of six individuals facing felony charges for non-violent conduct during a protest of President Donald Trump’s Jan. 20 inauguration acquitted all six of a single felony count of inciting a riot on Wednesday. But D.C. Superior Court Judge Lynn Leibovitz declined to issue a judgement of acquittal on any of the other seven charges, instead ruling that a jury will be able to hear the seven remaining charges, including five felonies.
Out of the presence of the jury, Judge Lynn Leibovitz issued a judgement of acquittal as to the inciting charge on Wednesday morning, the day after the prosecution and all six defense teams rested their cases. Leibovitz found that no reasonable jury could find that any of the defendants intended to urge a riot, stating that she believed the inciter had to be someone who was deliberately causing others to act.
The bad news for defendants came in the afternoon. Judge Leibovitz declined to issue a judgement of acquittal for any of the remaining charges, including two misdemeanor charges for engaging in a riot and conspiracy to riot, and five felony counts of property destruction, which the defendants would be held liable for if found to have engaged in the rioting conspiracy.
These folks made the decision to riot. They can live with the consequences of their actions.