Independent presidential candidate Robert F. Kennedy Jr. raised the possibility that the January 6, 2021, attack on the US Capitol was not a “true insurrection” and expressed concerns about the “weaponization of government” against those charged in connection to the riot. Kennedy acknowledged that while many protesters broke the law, he questioned the characterization of the event as an insurrection. However, his statement inaccurately claimed that protesters did not have plans to overthrow the government and that they carried no weapons, which he later retracted when contacted by CNN.

Kennedy called the January 6 attack a polarizing topic and expressed a desire to hear every side of the issue while condemning the law-breaking protesters and Trump’s belief that the election was stolen. He raised concerns about the potential political motives behind the prosecution of January 6 defendants and criticized what he saw as the weaponization of government agencies against political opponents. His rhetoric on the event aligned with commentary from Trump and other right-wing figures.

Contradicting Kennedy’s claims of politically motivated cases, the rigorous prosecutions of January 6 rioters began under Trump’s presidency and have largely focused on those who entered the Capitol building. Kennedy’s pledge to appoint a special counsel to investigate potential abuses of prosecutorial discretion in January 6 cases was viewed as an attempt to differentiate himself as an alternative to both Trump and Biden, whom he criticized for stoking partisan divides in the country over the event.

The Democratic National Committee criticized Kennedy for downplaying the seriousness of the January 6 insurrection and for using language that appeared to minimize the actions of the rioters. Kennedy’s statement followed fundraising emails from his campaign that referred to January 6 defendants as “activists” and claimed they had been “stripped of their constitutional liberties.” However, his campaign spokesperson clarified that this language did not reflect Kennedy’s views and that he believes those who violated the law should face appropriate penalties.

Kennedy has downplayed the risks to democracy posed by both Trump and Biden, stating that he believes neither candidate poses a genuine threat. However, he emphasized concerns about Biden’s administration restricting free speech, citing his own bans from social media platforms. While Kennedy acknowledged Trump’s attempts to overturn the election as a threat to democracy, he refrained from categorizing either candidate as a worse threat. Nonetheless, he argued that Biden’s actions against free speech were of significant concern.

Overall, Kennedy’s statements on the January 6 attack and the ensuing prosecutions reflect his attempt to position himself as a neutral alternative to both Trump and Biden, criticizing the partisan divisions fueled by the event. His views have drawn criticism from the Democratic National Committee and others for seemingly downplaying the severity of the insurrection and its aftermath. Kennedy’s pledge to investigate potential abuses of prosecutorial discretion in January 6 cases underscores his stance on the importance of impartial rule of law in ensuring democracy and moral governance.

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