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Was the capitol riot truly an "insurrection"? How do we know? What is the definition and historical precedent that tells us "yes" it is, or "no" it is not?

Flowerwall 7 Jan 11
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And while we're at it, I'm sad that there isn't any RICO applicable crimes from the list so they could charge every last one of those disgusting motherfuckers with murder.

Maybe it is possible. This article says:

"... it is easier to charge domestic terrorists using a variety of other federal laws. These include the Racketeering Influenced and Corrupt Organization Act (better known as RICO), which criminalizes a broad range of conduct by anyone in an organization that supports or is supported by threats or acts of violence. It was designed for use against Mafia families but has also been used to prosecute white supremacist groups like the Aryan Brotherhood."

[brennancenter.org]

@nicestuff NICE! Too bad they won't. The charges they are handing out are a fuckin' disgrace so far.

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Historical precedent?

Among lawyers, an insiders' joke says no one knows what a law means until a court rules on it.

Past insurrections throughout history

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In my opinion, if the Capitol "riot" is not insurrection, then the next phase most definitely will be.

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Regardless of how you want to define it, what you want to call it or not call it or compare it to,
a mob:

broke the law,

threatened lawmakers,

disgraced America,

shamed democracy.

and killed people. I heard a news cast that said the officer was struck multiple times with a fire extinguisher. I don't think ow if that was true, but he was murdered. along with others murdered or killed to try to keep them out of the capital

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18 U.S. Code § 2383 - Rebellion or insurrection U.S. Code
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.

That's the actual legal definition, and there is no ambiguity. Trump incited, his fans engaged both against the United States AND the laws of the United States. It's fucking crazy to me that the fucking Republicans are all like, "When we stormed the Capitol building, and smashed the windows and doors, and pissed on the carpeting, and stole government property, and engaged in an armed standoff, and murdered a police officer, and chanted they we wanted to assassinate the Vice President of the United States, was that technically an insurrection?"
Yes, you dumb motherfuckers, it was.

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