Two questions frequently are being asked in the aftermath of the January 6th storming of the US Capitol:

1. Why are the individuals who are being arrested being charged with what seem like low level criminal offenses?

2. Why are most of the insurrectionists being released by judges after they have been arrested and presented in court?

In my 30 years as a federal prosecutor, I investigated, indicted and tried many conspiracy cases. Here are some of the institutional, procedural and practical reasons driving the charging and detention/release decisions. And here are some of the real world reasons as well.

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