The reality of Trump and Stefanik's Jan. 6 'hostages'

WASHINGTON — In recent days, former President Donald Trump and one of his top allies, Rep. Elise Stefanik, have referred to the federal criminal defendants incarcerated in connection with the Jan. 6 attack on the U.S. Capitol as "hostages," a comparison equating the American judicial system with terrorist and militant organizations.

Some relatives of hostages taken during the Oct. 7 Hamas attack on Israel told NBC News they were offended by the comparison.

The reality is that most of the alleged rioters, particularly those charged with misdemeanors like parading through the Capitol, have been released pending trial. The overwhelming majority of those incarcerated have either pleaded guilty to crimes or been found guilty by juries. Others were ordered held pretrial because they present a threat to the public, violated pre-trial conditions or are considered a flight risk.

"They ought to release the J6 hostages. They’ve suffered," Trump said over the weekend. "I call them hostages. Some people call them prisoners. I call them hostages. Release the J6 hostages, Joe. Release them Joe. You can do it real easy, Joe"

Stefanik, who has served as the No. 4 member of House GOP leadership since then-Rep. Liz Cheney was ousted from the position for criticizing Trump's actions in connection with the Jan. 6 attack, echoed Trump's words on "Meet the Press" Sunday. "I have concerns about the treatment of Jan. 6 hostages," she said.

Stefanik’s office did not respond to a request for comment to specify which Jan. 6 criminal defendants she believes are being held as “hostages.”

In a speech three years ago, on Jan. 6, 2021, Stefanik, R-N.Y., said rioters should be prosecuted “to the fullest extent of the law.”

Some relatives of those taken