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No matter which definition you accept, Kennedy’s defense of the rioters—who chanted “Kill them all” while hunting down former House Speaker Nancy Pelosi and Vice President Mike Pence—is inaccurate, even from a cursory review of footage from the day. The rioters who ransacked their way through the halls of Congress did indeed wield weapons, including baseball bats, hockey sticks, fence rebar, flagpoles, pepper spray, and bear spray, U.S. Capitol Police Sergeant Aquilino Gonell told CNN in 2021.

The rioters also attacked Capitol Police officers with firearms, knives, stolen police shields, stun guns, fire extinguishers, and even hand-to-hand combat, which sent more than a dozen officers to the hospital.

But Kennedy’s verbal appeal to the mob isn’t the only way he’s thrown his support behind them. The independent political candidate has also suggested that the legal prosecution of the people who ransacked Congress was tantamount to “harsh treatment,” which he would be willing to investigate by way of special counsel if elected president.