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Series: The U.S. Capitol Attack, January 6, 2021

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?

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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

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

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

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This entry is part 2 of 3 in the series The U.S. Capitol Attack, January 6, 2021

Question:  Was January 6, 2021, An Act Of Seditious Conspiracy?

Citation for this post:  18 U.S. Code § 2384 – Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to do any of the following.  (I have separated each legal item for easy reading.)

  • to overthrow the government. 
  • put down the government of the United States.
  • destroy by force the Government of the United States, 
  • levy war against the Untied States.
  • oppose by force the authority thereof.
  • by force to prevent, hinder, or delay the execution of any law of the United States.
  • by force to seize, take, or possess any property of the United States contrary to the authority thereof. 

“They shall each be fined under this title or imprisoned not more than twenty years, or both.”

“The supporters of President Donald Trump who breached the U.S. Capitol building on Wednesday may face charges of sedition…”

“A federal prosecutor who had been working on the Capitol cases told 60 Minutes in late March that he personally believed “the facts do support” sedition charges against some suspects.” 

What particular item listed within the legal code did the rioters violate?  It appears three items:

  • oppose by force the authority thereof.
  • by force to prevent, hinder, or delay the execution of any law of the United States.
  • by force to seize, take, or possess any property of the United States contrary to the authority thereof.

The US Government has taken legal action against some participants of the riot.

January 13, 2022:  “Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia group, and 10 other members or associates have been charged with seditious conspiracy in the violent attack on the U.S. Capitol …”

 

 

 

 

This blog article used this web site for reference:

18 U.S. Code § 2384 – Seditious conspiracy

 

 

 

 

Posted January 12, 2022
Updated January 13, 2022

What Exactly Was The U.S. Capitol Attack, January 6, 2021, All About?

What Exactly Was The U.S. Capitol Attack, January 6, 2021, All About?

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This entry is part 1 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, an act of terrorism?

Answer:  According to U.S Government legal codes the activities did meet the criteria for terrorism for the following points listed below.
(I will list only those which I believe obviously apply.)

Citation for this post:  Prohibited Acts as stated in 18 U.S. Code § 2332b Acts of terrorism:

Kills any person within the United States?
Capitol Police officer Brian Sicknick, died the next day after responding to the riot.

Maims any person within the United States?:
“about 140 officers were injured, the head of the Capitol Police officers’ union said”

Commits an assault resulting in serious bodily injury within the United States?
“about 140 officers were injured, the head of the Capitol Police officers’ union said”

“At least 81 Capitol Police officers were assaulted during the siege of the Capitol, according to filings by federal prosecutors.”

Assaults with a dangerous weapon within the United States?
“a review of the federal charges against the alleged rioters shows that they did come armed, and with a variety of weapons: stun guns, pepper spray, baseball bats and flagpoles wielded as clubs. An additional suspect also allegedly planted pipe bombs by the headquarters of the Democratic and Republican parties the night before the riot”

Creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States.

“the rioters had overwhelmed police surrounding the Capitol. They pushed past them, stripped them of their weapons, dragged them to the ground, sprayed them with chemical irritants, beat them, bludgeoned them, or tased them.” 

 “they broke down barricades. They scaled the walls. They shattered windows.”

Attempting to conspire to destroy or damage any structure, conveyance in the United States.

“For days, Donell Harvin and his team had spotted increasing signs that supporters of President Donald Trump were planning violence when Congress met to formalize the electoral college vote.”

 

 

 

This blog article used this web site for reference:

https://www.law.cornell.edu/uscode/text/18/2332b

The author of this blog is NOT a lawyer.

 

Posted:  Jan 10, 2022
Updated:  January 11, 2022