The group, which included the comedian Triumph the Insult Comic Dog, had been invited to the Capitol by congressional aides to record interviews for a comedy segment for The Late Show on June 16.
Yet Capitol Police arrested them after they were discovered - without their escort - filming stand-up and skits in halls after their last authorized and pre-arranged interviews.
On Monday, the U.S. Attorney's office confirmed they would not be moving forward with the case.
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"The Office would be required to prove beyond a reasonable doubt that these invited guests were guilty of the crime of unlawful entry because their escort chose to leave them unattended," the federal prosecutor announced. The feds stated that they "wouldn't have been able to obtain and sustain convictions on these charges."
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The move to drop the charges has infuriated conservatives who think its proof of the Justice Department's double standard in holding liberals accountable.
Fox News's Jesse Watters questioned whether the Biden-appointed Attorney was giving January 6 rioters and Colbert's team the same treatment. No less than 876 people have been charged over the January 6 riot which left seven dead and saw crowds siege the Capitol.
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""The person responsible for dropping the charges was the U.S. Attorney for the District of Columbia, Matthew Graves, who was appointed by Joe Biden and works for the Attorney General. It turns out that he's also the prosecutor investigating January 6th. Is he giving those guys the same treatment," Watters asked on his show.
Kingpin actor Randy Quaid branded the decision to drop the charges "disgusting."
"Colbert Crew charges dropped who were doing the exact same thing as J6 hostages. DISGUSTING. Free the J6 hostages. Colbert makes me ill," the actor tweeted.
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"Stephen Colbert is the Tokyo Rose of the Democratic Party," he went on, referring to the Japanese propagandist who tried to demoralize American troops with her radio broadcasts during World War II.
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Different Republicans further showed outrage over the choice.
"One set of rules for Republicans. Another for Liberals," Twitter user Mike Honcho wrote.
Another Twitter user continued: "The unselect committee is still playing their game this very moment while some liberals who did the same thing (entered illegally and unarmed) just got away with it."
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