Unrest at the Capitol: Potential Violations of
the Uniform Code of Military Justice
February 5, 2021
After the unrest at the U.S. Capitol on January 6, 2021, sources reported that current and former military
servicemembers were among the participants in the unrest. These reports prompted several Members of
Congress to ask the Department of Defense to investigate servicemembers’ participation and take
disciplinary action. The military is investigating whether any active-duty servicemembers 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 servicemembers may have committed. The Sidebar begins by
discussing which current and former servicemembers are subject to the UCMJ. It then examines offenses
under the UCMJ that current or former servicemembers 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.
Individuals Subject to the UCMJ
Article 2 of the UCMJ specifies which persons fall under the UCMJ’s jurisdiction. Besides active-duty
servicemembers, certain retired servicemembers, civilians, and enemy prisoners of war are also subject to
the UCMJ. Three categories appear most relevant to the events of January 6, 2021:
Active-duty servicemembers, including (1) members of a regular component of the
Armed Forces, including those awaiting discharge; (2) cadets, aviation cadets, and
midshipmen; and (3) members of the National Oceanic and Atmospheric Administration
and Public Health Service, when assigned to and serving with the Armed Forces;
