Attorney Highlights Seemingly Minor Charge in January 6th Capitol Breach Case

Washington D.C. – A tweet from prominent legal commentator "Shipwreckedcrew," identified as former federal prosecutor Bill Shipley, has drawn attention to the perceived breadth of charges stemming from the January 6, 2021, Capitol breach, citing a client allegedly charged with "throwing a potato chip bag." The post, dated August 28, 2025, asks, "Make that make sense."

Bill Shipley, known for representing numerous January 6th defendants—reportedly around 91 clients—has frequently commented on the legal proceedings surrounding the Capitol events. His social media presence often provides insights from the perspective of a defense attorney involved in these high-profile cases. Shipley has previously advocated for lenient sentencing for J6 defendants and supported former President Trump's pardons for those involved.

The Department of Justice has pursued an extensive investigation into the Capitol breach, resulting in charges against over 1,500 individuals across nearly all 50 states. While many charges involve serious felonies such as assaulting law enforcement, civil disorder, and obstruction of an official proceeding, a significant number of defendants have faced misdemeanor counts. These often include unlawful entry into a restricted building or grounds, disorderly conduct, and "parading, demonstrating, or picketing in a Capitol building." Sentences for these lower-level offenses have ranged from probation to short periods of incarceration, with a median prison sentence of 60 days for those receiving jail time.

The specific charge mentioned by Shipley, "throwing a potato chip bag," falls into a category of seemingly minor infractions that can still lead to formal legal action within the broad scope of the January 6th prosecutions. While direct examples of "littering" charges related to the event are not widely publicized, cases involving minor property damage or disruptive acts within the Capitol complex have been documented. The legal framework allows for charges against individuals who engaged in any form of disorderly conduct or property misuse within the restricted areas.

The ongoing legal fallout from January 6th continues to be a subject of public and political debate, with discussions often centering on the proportionality of charges and sentences. Shipley's tweet underscores this ongoing conversation, highlighting cases that some perceive as disproportionate to the alleged offense, even within the context of a major federal investigation.