Originally Posted by
Uni-Vibe
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.
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 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 delay the execution of any law of the United States,
or 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.
If someone enters the Capitol, when Congress is in a constitutionally-mandated session to count the electoral college's votes, with the intent to disrupt or overthrow that counting of votes, perhaps they're committing a rebellion or an insurrection. I don't see where a number of shots has to be fired, or any other particular acts. And instead of hickory sticks, you had flagpoles; there was bear spray used by some of the rioters. Some of these, like the retired military officer, made postings on social media using words like "revolution."
Any lawyers among us want to weigh in? Just looking at it, it could be that what happened 1/6 was legally a rebellion, insurrection, or seditious conspiracy.
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