Dec 20, 2021Liked by Chris J. Karr, David Thornton
A couple of quick thoughts before i bid adieu to all of you at The Racket. Exceptional article again David as your ability to use a common sense approach to the complicated issues we all face is so needed. Tribalism makes it near on impossible to have a legitimate discussion regarding what has happened the past 5 plus years.
I have no interest in seeing any of the rioters jailed for any length of time. 6 months or a year or two for the worst of them is adequate. Hopefully it will give them time to come to grips with what they did was wrong and make amends. I know, so very liberal of me, but lengthy incarcerations often produce outcomes that are counter-productive.
I am however hell-bent on finding answers to the bigger questions: Why did it take so long for the military to be called out? Did did someone stonewall it? Did someone take some of the rioters through the capital the day (or two) before so they knew the layout? Was there direct communication between trump and others who could have/should have stopped it? Was there direction provided by the speakers at the rally that helps insure the dupes do their bidding?
Maybe we'll never know. That said, if they keep digging, the lies eventually come crashing down and if there was some of this country's leadership involved in the actions of January 6, the y should be held accountable. I know that is word most these days find difficult, but unless or until we become accountable for our actions, nothing will change.
Special thanks to you and the rest of the Racket bunch. It's been a fun ride. Sometimes frustrating, sometimes fascinating and sometimes, just enlightening. Since i was taken off your mailing list i have to search for the articles and the message rings through loud and clear. You can't preach accountability and then when someone deems your actions to be unacceptable and removes you, i can take a hint.
I'm hoping that they're keeping their Insurrection Powder dry for Donnie. To recap:
"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."
Given Trump's delay in doing anything to quell what was going on down the street at Congress, there's a case to be made that he was certainly assisting the Insurrectionists on Capitol Hill by delaying the deployment of the National Guard and other resources to restore order quickly and efficiently.
It's probably a long shot and not something Santa's going to leave in our stockings Friday night, but we can certainly dream.
Dec 20, 2021Liked by Chris J. Karr, David Thornton
I, too, am an internet attorney and also a avid follower of the Jan 6 riots. I saw Scott MacFarlane interview the grand potentate of the DA's over all these cases. Mr. Potentate explained that he gathered all the prosecutors together to decide the charges. Insurrection? That was the first question the had to answer. They decided to go with "interfering with a constitutional act of congress" because it was much broader and had the exact same punishment, the max being 20 yrs. Jan 6 is in the constitution as the date the electors votes must be counted. The rioters by their own admission said that was what they were trying to stop. If you follow the charging docs you will see those charges come up plenty of times and those people usually have weapon charges as well.
So, ta da! you don't see insurrection much because there is another law that is more elastic with the same penalty. All of the militia members are being charged with interference of official business, conspiracy, and weapons. Pretty serious charges and that is why many of them are playing ball with the feds and testifying in front of the grand jury which as been ongoing.
You fail to mention at least three things I find interesting.
The "1882 Law" you quote is from the Georgia Penal Code, 1882 Edition. The insurrection definition is found in Paragraph 4315 on Page 1138 of that code.
The "zip tie guy" did not show up at the Capitol carrying zip ties. He lifted those from a Capitol Police desk at the scene.
The violent protest (a.k.a. riot or insurrection or peaceful protest, depending on political view) at the White House was just as much an assault on Constitutional law as a few serious rioters and a few hundred trespassers at the Capitol.
Until just now, I had not heard of anyone admitting to insurrection as a goal. If some admitted it, as you say they did, they should be charged with sedition and punished proportionately to the severity of their actions if found guilty. Any of the rioters who assaulted LEOs should be charged and tried and punished accordingly if found guilty. The rest were just trespassers.
The feds have made inroads with the Oath Keepers and today a head Proud Boy has made a deal. He will still do prison time but not nearly so much as he would have. Charges include conspiracy and interference with the legislature. The feds brought the receipts. The baddies were using an encryption app and apparently it was old school because their texts were easily unencrypted.
A couple of quick thoughts before i bid adieu to all of you at The Racket. Exceptional article again David as your ability to use a common sense approach to the complicated issues we all face is so needed. Tribalism makes it near on impossible to have a legitimate discussion regarding what has happened the past 5 plus years.
I have no interest in seeing any of the rioters jailed for any length of time. 6 months or a year or two for the worst of them is adequate. Hopefully it will give them time to come to grips with what they did was wrong and make amends. I know, so very liberal of me, but lengthy incarcerations often produce outcomes that are counter-productive.
I am however hell-bent on finding answers to the bigger questions: Why did it take so long for the military to be called out? Did did someone stonewall it? Did someone take some of the rioters through the capital the day (or two) before so they knew the layout? Was there direct communication between trump and others who could have/should have stopped it? Was there direction provided by the speakers at the rally that helps insure the dupes do their bidding?
Maybe we'll never know. That said, if they keep digging, the lies eventually come crashing down and if there was some of this country's leadership involved in the actions of January 6, the y should be held accountable. I know that is word most these days find difficult, but unless or until we become accountable for our actions, nothing will change.
Special thanks to you and the rest of the Racket bunch. It's been a fun ride. Sometimes frustrating, sometimes fascinating and sometimes, just enlightening. Since i was taken off your mailing list i have to search for the articles and the message rings through loud and clear. You can't preach accountability and then when someone deems your actions to be unacceptable and removes you, i can take a hint.
Merry Christmas to all.
I'm hoping that they're keeping their Insurrection Powder dry for Donnie. To recap:
"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."
Given Trump's delay in doing anything to quell what was going on down the street at Congress, there's a case to be made that he was certainly assisting the Insurrectionists on Capitol Hill by delaying the deployment of the National Guard and other resources to restore order quickly and efficiently.
It's probably a long shot and not something Santa's going to leave in our stockings Friday night, but we can certainly dream.
I, too, am an internet attorney and also a avid follower of the Jan 6 riots. I saw Scott MacFarlane interview the grand potentate of the DA's over all these cases. Mr. Potentate explained that he gathered all the prosecutors together to decide the charges. Insurrection? That was the first question the had to answer. They decided to go with "interfering with a constitutional act of congress" because it was much broader and had the exact same punishment, the max being 20 yrs. Jan 6 is in the constitution as the date the electors votes must be counted. The rioters by their own admission said that was what they were trying to stop. If you follow the charging docs you will see those charges come up plenty of times and those people usually have weapon charges as well.
So, ta da! you don't see insurrection much because there is another law that is more elastic with the same penalty. All of the militia members are being charged with interference of official business, conspiracy, and weapons. Pretty serious charges and that is why many of them are playing ball with the feds and testifying in front of the grand jury which as been ongoing.
You fail to mention at least three things I find interesting.
The "1882 Law" you quote is from the Georgia Penal Code, 1882 Edition. The insurrection definition is found in Paragraph 4315 on Page 1138 of that code.
The "zip tie guy" did not show up at the Capitol carrying zip ties. He lifted those from a Capitol Police desk at the scene.
The violent protest (a.k.a. riot or insurrection or peaceful protest, depending on political view) at the White House was just as much an assault on Constitutional law as a few serious rioters and a few hundred trespassers at the Capitol.
Until just now, I had not heard of anyone admitting to insurrection as a goal. If some admitted it, as you say they did, they should be charged with sedition and punished proportionately to the severity of their actions if found guilty. Any of the rioters who assaulted LEOs should be charged and tried and punished accordingly if found guilty. The rest were just trespassers.
The feds have made inroads with the Oath Keepers and today a head Proud Boy has made a deal. He will still do prison time but not nearly so much as he would have. Charges include conspiracy and interference with the legislature. The feds brought the receipts. The baddies were using an encryption app and apparently it was old school because their texts were easily unencrypted.