General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJanuary 6th was NOT an official insurrection
Unless and until someone is charged under the Rebellion and Insurrection Statute. What January 6th is as of today is a Conspiracy to Obstruct an Official Proceeding of Congress by Assaults on Law Enforcement Officers.
Those are the felony crimes (felony conspiracy, obstruction & assault) that perpetrators have been arrested for, indicted for, pleaded guilty to and are in prison for, several for more than four years.
My hope is that the Justice Department WILL eventually charge some defendants with insurrection and that they are saving the worst for last. 11 more defendants were charged this week bringing the total to 738.
Thomas Hurt
(13,903 posts)ecstatic
(32,712 posts)Now all we need is to see consequences.
Poiuyt
(18,125 posts)Wounded Bear
(58,670 posts)Play your semantic games all you want. We don't have to use "official" terminology to describe what happened. This is a message board, not a court of law.
And yes, it was an insurrection.
Eliot Rosewater
(31,112 posts)ps
A guy robbed a bank and got caught in the act and was prevented from completing said robbery so we are calling it an ice cream social instead.
bucolic_frolic
(43,182 posts)If they apply the Rebellion and Insurrection Statute, those will be federal charges. There will be no designation as "official insurrection". So that is simply inapplicable.
Nevilledog
(51,122 posts)This is a bullshit right wing talking point.
This is the definition of insurrection:
Charging someone with the crime of insurrection is not in the definition, and not required to occur before you call it an insurrection.
Locutusofborg
(525 posts)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.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Nevilledog
(51,122 posts)Locutusofborg
(525 posts)and ran with it.
I want perpetrators to be charged and convicted of felony insurrection.
Locutusofborg
(525 posts)wouldn't you like to see Donald John Trump charged with, plead guilty to and be sentenced for INSURRECTION?
Yes, anyone can call January 6th an insurrection but it sure would be sweet to also have some prison time for that felony offense.
It would destroy the right wing talking point.
PTWB
(4,131 posts)Would you say that someone murdered wasn't actually murdered because their killer was never charged? Of course not. There are many murders that go unsolved every year. The victim is no less murdered because the suspect was never identified or charged.
Likewise, even if the insurrectionists are never held to account for their actions on January 6th, those actions still constituted an insurrection and can accurately be referred to as such.
I like murderers to be charged, convicted and sentenced for murder and I like insurrectionists to be charged, convicted and sentenced for insurrection.
Demsrule86
(68,586 posts)Locutusofborg
(525 posts)at the following link: https://www.insider.com/all-the-us-capitol-pro-trump-riot-arrests-charges-names-2021-1
No one has been charged with insurrection, not one single person.
rso
(2,273 posts)The term in federal law is seditious conspiracy, and Oath Keepers are under major FBI investigation and I bet they and others will be arrested under this charge.
This
Baked Potato
(7,733 posts)So he can never hold office.
Locutusofborg
(525 posts)TheRealNorth
(9,481 posts)maxsolomon
(33,345 posts)Man, those are a dime a dozen.
LetMyPeopleVote
(145,321 posts)Locutusofborg
(525 posts)is not a part of the real world.
18 USC 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.
(June 25, 1948, ch. 645, 62 Stat. 808 ; Pub. L. 103322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147 .)
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title18-section2383&num=0&edition=1999
LetMyPeopleVote
(145,321 posts)Your attempt at analysis is both wrong and very funny. The existence of a criminal conviction does prove or disprove the existence of a r insurrection in the real world. You may have heard of the lawsuit filed against Richard Spencer and the assholes behind the Charlottesville mess. Some good biglaw attorneys sued and got a judgement against Spencer and his fellow assholes under the KKK Act for insurrection
Link to tweet
Kristen Dunn's firm spent a great deal of time and money in this lawsuit. I have been following this lawsuit for a while.
You do know that there are four or five lawsuits pending under the KKK Act against TFG and his ilk seeking to impose liability for the insurrection. The latest lawsuit was filed by the D.C. Attorney General
Link to tweet
Bennie Thompson also filed suit against TFG under the KKK Act due to TFG's insurrection
Link to tweet
The existence of an insurrection does not rely on a criminal conviction in the real world. Thank you for making me laugh.
rampartc
(5,412 posts)"tresspassing" does not get their 2nd amendment pulled.
i don't care if they get suspended sentences, if the suspension can be vacated if they try this again.
Response to Locutusofborg (Original post)
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