The Capitol Police do not work for Nancy Pelosi. They come under the Capitol Police Board. On Jan 6, this consisted of the Architect of the Capitol (nominated by Trump and approved by the Republican-majority Senate), the Sergeant at Arms of the United States House of Representatives (elected by the Republican-majority House in 2012, and re-elected in subsequent Congresses) Sergeant at Arms of the United States Senate (elected by the Republican-majority Senate in 2018). Pelosi had no direct control over the police, and only limited influence shared with McConnell, and Republicans are responsible for the appointment of those who did control them.
Understood, but as much as I often disagree with Ultravires, I think he has a point - at least with regard to trespassing. The crime of trespassing has to do with authorized entry, and one’s understanding of what that means. All criminal prosecutions have to demonstrate criminal intent. If someone can legitimately argue that they were following a crowd into a building that is normally open to the public, and that they didn’t see any police actually offering up any resistance, I could see how some individuals might actually avoid conviction.
As I said earlier, we’re talking about people at the tail end of the mob; not the ones smashing the windows and fist fighting with officers – those guys are goin’ down big time.