Even inactive federal courts have authority. Protesters entering the Capitol on January 6 may be found guilty

A federal appeals court ruled that defendants who were unlawfully staying at the Capitol throughout the disturbance on January 6 might still be found guilty even if they were only watching.

Since these definitions “are unclear but moments has provided them solid contours in 2 essential ways here,” the D.C. Circuit Court of Appeals ruled on Friday that intruders in the Capitol throughout the incident were not required to be performing “disorderly” or “disruptive” to be determined guilty of disruptive behavior.

“Initially, it is well-established that whatever behavior classifies as disruptive depends on the immediate circumstances,” the judge wrote. “Courts regularly notice that ‘if an action causes an invasion of the peace relies on the associated situations,’ therefore it is ‘vital that circumstances be looked at.’”