Federal court rules even passive Jan. 6 protestors who were inside Capitol can be convicted

The D.C. Circuit Court of Appeals has ruled that Jan. 6 defendants did not need to be disruptive or disorderly at the Capitol to be found guilty of disorderly conduct

"First, it is well-established that whether conduct qualifies as disorderly depends on the surrounding circumstances," the court wrote. "Courts consistently observe that ‘whether a given act provokes a breach of the peace depends upon the accompanying circumstances,’ making it ‘essential that the setting be considered.’" Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at timothy.nerozzi@fox.com

"Second, it is equally clear from caselaw that even passive, quiet and nonviolent conduct can be disorderly," the ruling continued.