Question about insurrection & Trump.

[Disaffected]

As I understand it, none of the Jan 6 rioters have been charged or convicted of insurrection. If so, how can Trump then be accused of the same thing?

I ask this as I still can't figure out how Trump can be then held to be in violation himself of the 14th amendment?

[frogstar0]

1. There is no crime called insurrection.

There is no crime of insurrection. Other names are use like sedition etc. None of the confederates were charged either, but they were not allowed to serve in government.

[Disaffected]

3. I'm not sure about that:

18 USC 2383: Rebellion or insurrection:

§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.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title18-section2383&num=0&edition=1999

[hlthe2b]

2. Not true. Eight have been convicted of seditious conspiracy, including Oath Keepers and Proud Boys.

Not to mention, the 14th Amendment section 3, in all its previous uses, did NOT require a conviction, just participation in the Confederacy or as in the recent election, a New Mexico candidate for Congress deemed disqualified because of his participation in Jan 6.

[Disaffected]

4. But is seditious conspiracy

the same as insurrection? I think that is an important point as the 14th referrers to insurrection.

[hlthe2b]

5. Oh, fer gawd's sakes. HERE:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, 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.

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

What do YOU think? Some pretty fanciful semantic games to suggest the "overthrow of the US" is not synonymous with insurrection IMO as the statute for sedition above shows. https://www.law.cornell.edu/uscode/text/18/2384

[Disaffected]

6. Thank you for your gracious response.

I do not however find your comments to be meaningful or, to the point.

Good day.

[hlthe2b]

7. I provided you the exact statutes. You seem to be unwilling to read and

even consider the informed actual statutes and evidence of convictions on those statutes provided to you. What seems to have you embracing what appears to be a meme in defense of Trump?

That you seem unwilling to read and consider what I went out of my way to provide to you---- is why I reacted with impatience toward you. Most posters will either discuss and agree or disagree (with reasons why) or thank the respondent who took the time to bring actual citations to try to answer the question. That you refuse to do any of the previous but merely claim my information to be useless sans any discussion is quite telling.

[LiberalFighter]

8. You were provided reasonable answers.

[Disaffected]

9. Answers that were not to the point.

And, also accused of being a Trump supporter.

Oh well, I expected as much but thought I'd try anyhow.

Good day

[LiberalFighter]

10. The answers were to the point. You just couldn't see it.