Why aren't tRump and Rudy being charged with violation of USC Ch. 115 P. 2385

[trof]

United States Code Chapter 115 Paragraph 2385:

§2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, §2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, §330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim#:~:text=Whoever%2C%20owing%20allegiance%20to%20the,not%20less%20than%20%2410%2C000%3B%20and

[pdxflyboy]

1. Perhaps...

It is because Bill Barr is the AG?

[MagickMuffin]

2. Who would charge them?

The DOJ isn't going to.

So, just who does?

[marybourg]

3. Because they haven't met the statutory standard -yet-

of advocating the use of force or violence.

[louis-t]

6. Uh, rudy says he wants to cut off the heads of Dems.

Doesn't that qualify?

[marybourg]

7. No.

[Progressive dog]

4. It's Barr'd for now.

[trof]

5. Of course there's no one to charge them.

Barr...meh
Maybe a citizen's arrest?

[SheltieLover]

8. Barr

[regnaD kciN]

9. Because nothing they're doing is "advocating overthrow of Government"...

What they're doing may be ethically repulsive, deeply corrupt, and a violation of every unwritten principle of American democracy...but it's strictly in compliance with the letter of the law, if not its spirit. Like it or not, the Constitution has enough loopholes in it that it is possible for the will of the voters to be disregarded if enough people in power decide it's in the best interest of the country for that to happen. And, furthermore, should those people act to block certification and have legislators directly appoint Trump electors, and the SCOTUS rules in favor of it, Trump will be the legally-elected president, having won more than 270 electoral votes (no matter how morally dubiously), and thus be fully and Constitutionally legitimate. And none of that will constitute "overthrowing the government"...merely using provisions that were always part of the government, but that nobody expected would ever be used.