ANALYSIS – The overwhelming partisan and establishment media-enabled narrative about the, at times violent, but essentially unarmed, mob that stormed the Capitol on January 6 is that it was a ‘seditious conspiracy’ to overthrow the government – an ‘insurrection.’ I have argued against this absurdly overwrought narrative from day one, especially since I was present at the Capitol on the afternoon of the riot.
I argued that the ‘siege’ was not a coup or insurrection – but criminal, just like the Left’s rioting, and wrote:
I was at the Capitol yesterday as an observer. While the vast majority of tens of thousands pro-Trump protesters during the day were patriotic and peaceful – even if a bit frenzied – most of those several hundred who rushed onto the Capitol building were neither.
Some simply got caught up in the mob rush, but many were goons and criminals, and yes, ‘terrorists.’ No better than Antifa or BLM, or the #NotMyPresident rioters who disrupted Trump’s Inaugural four years ago. Some were likely infiltrated left-wing instigators.
Here I used the textbook definition of ‘terrorism,’ of using violence or intimidation for political purposes, not any legal one, since in the United States we don’t have any laws against ‘domestic terrorism.’ But my point is that if this term is used against the Capitol rioters, it must be used against all the violent BLM/Antifa rioters as well.
More importantly though, to date, six full months after the event, the Biden Department of Justice (DOJ) has not charged one person with ‘sedition,’ or ‘Insurrection.’ Since “sedition” is the “incitement of resistance to or insurrection against lawful authority,” it is the key to making a case that this was in any way an ‘insurrection.’
An “insurrection” is generally defined as the “act of revolting against civil authority or an established government,” usually violently. The crime in the U.S. is laid out in Title 18 of the U.S. Code, section 2383 – ‘Rebellion or insurrection.’
Separately, the seditious conspiracy law makes it a federal crime to conspire to use force to overthrow the U.S. government. It is in Title 8 of the U.S. Code, section 2384 – Seditious conspiracy.
But, as CNN notes:
In the weeks after the January 6 insurrection at the US Capitol, the Justice Department looked at the possibility of pursuing charges under the rarely used seditious conspiracy law.
Since then, and particularly since the start of the Biden administration, skepticism among top officials has made that possibility increasingly unlikely. Instead, prosecutors have turned to traditional obstruction, conspiracy and weapons charges that could yield prison sentences similar to a novel sedition charge.
Why? Because the charge won’t stick.
Sedition charges under the seditious conspiracy law are extremely rare. In modern history, Federal prosecutors were only successful in using the law against violent armed Puerto Rican separatist terrorists in the 1930s.
More recently, in 2010, prosecutors charged members of a Christian militant group called the Hutaree with seditious conspiracy but a federal judge dismissed the charges, notes CNN.
Some Biden administration officials also believe using the sedition charge could further politicize DOJ’s prosecution of the Capitol attackers, about 500 of whom are already facing charges. So, instead, and more appropriately, the department says nearly 200 of those 500 defendants have been charged with obstructing the congressional proceedings on January 6.
Others are charged with felonies for assaulting police, taking weapons to the Capitol grounds (not necessarily inside the Capitol itself), or destroying property.
Those are all a very far cry from ‘sedition,’ or ‘insurrection.’ Let’s call January 6 what it was, not an ‘insurrection,’ but a violent, criminal riot. ADN