WAS ANY PART OF THE JANUARY 6, 2021 ATTACK A REBELLION OR INSURRECTION?

WAS ANY PART OF THE JANUARY 6, 2021 ATTACK A REBELLION OR INSURRECTION?

This entry is part 3 of 3 in the series The U.S. Capitol Attack, January 6, 2021

Was any of what took place January 6 2021, illegal?

Question:  Was January 6, 2021 a rebellion or insurrection?

18 U.S. Code § 2383 – Rebellion or insurrection

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

Following is a rewording of this code to lay it out for more easy analysis.

Whoever:

  • incites in any rebellion or insurrection against the authority of the United States or the laws thereof.
  • sets on foot in any rebellion or insurrection against the authority of the United States or the laws thereof.
  • assists in any rebellion or insurrection against the authority of the United States or the laws thereof.
  • engages in any rebellion or insurrection against the authority of the United States or the laws thereof.

In any rebellion or insurrection against the authority of the United States or the laws thereof.

Or gives aid or comfort thereto shall receive the following penalties: 

Penalties:  shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

 OPINION:  “not one defendant is charged with insurrection under 18 U.S.C. 2383. That’s because insurrection is a legal term with specific elements”.

 “Trump was impeached by the House and charged with “incitement of insurrection,” but he was acquitted by the Senate in February”.

“Thompson and Rep. Liz Cheney, vice chair of the Jan. 6 select committee, said they still believe there is a chance they will be able to conclude that the actions of former President Trump and some of his associates constitute a crime.”

Note of importance:  Donald Trump may have violated this law because he seems to have incited the move upon the Capitol.  The last penalty that is listed is “… shall be incapable of holding any office under the United States.”  If it is proven that Donald Trump has violated this law, it is probable that he can no longer run for future political office.

 

 

This blog article used this web site for reference:

https://www.law.cornell.edu/uscode/text/18/2383

 

The author of this blog is NOT a lawyer.

Posted January 12, 2022
Updated January 13, 2022

Series Navigation<< Was Any Part Of The January 6, 2021 Attack Sedition?

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