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UpInArms

(51,284 posts)
Tue Jul 13, 2021, 12:03 PM Jul 2021

Are Jan. 6 rioters traitors? So far, criminal charges say no

CHICAGO (AP) — Plotted to block the certification of Joe Biden’s election victory: Check. Discussed bringing weapons into Washington to aid in the plan: Check. Succeeded with co-insurrectionists, if only temporarily, in stopping Congress from carrying out a vital constitutional duty: Check.

Accusations against Jan. 6 rioter Thomas Caldwell certainly seem to fit the charge of sedition as it’s generally understood — inciting revolt against the government. And the possibility of charging him and others was widely discussed after thousands of pro-Trump supporters assaulted scores of police officers, defaced the U.S. Capitol and hunted for lawmakers to stop the certification. Some called their actions treasonous.

But to date, neither Caldwell nor any of the other more than 500 defendants accused in the attack has been indicted for sedition or for the gravest of crimes a citizen can face, treason. And as an increasing number of lesser charges are filed and defendants plead guilty, those accusations may never be formally levied.

… snip …

In a landmark ruling in 1807, Chief Justice John Marshall wrote that treason required a citizen actually go to war against the United States, not to just brainstorm or draw up plans for it. Even recruiting and training rebels for war, he argued, isn’t treason if war is never engaged.

In the history of the U.S., the government has convicted fewer than 10 people for treason, according to the FBI.

More at:

https://apnews.com/article/joe-biden-government-and-politics-capitol-siege-61007f50fb3ebe15a07982112f05730c

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fescuerescue

(4,448 posts)
6. Because the goal was to put him away or execute him
Tue Jul 13, 2021, 01:16 PM
Jul 2021

Charging him with 168 counts of pre-meditated murder was a MUCH MUCH stronger and more sure case than treason.

His defense would have been quite happy to have dealt with a treason charge, as those are rare, have little experience with and is a much more technical charge.


The prosecutors choose the sure path, instead of the highly likely path.

Rocknation

(44,576 posts)
3. Sedition is a "grave" enough charge for me
Tue Jul 13, 2021, 12:13 PM
Jul 2021

Undermining a government can be just as lethal as overthrowing one.


rocktivity

brush

(53,781 posts)
4. It's more sedition to me too and I say throw the book at them hard, but too many...
Tue Jul 13, 2021, 12:21 PM
Jul 2021

republican judges are being easy on too many of them.

It's the result of republicans concerted effort over the years to get power over the courts.

lagomorph777

(30,613 posts)
5. Treason was never an option. Sedition absolutely should be.
Tue Jul 13, 2021, 12:31 PM
Jul 2021

And the people at the top should face that charge. If they do not, we need to take to the streets.

TheRealNorth

(9,481 posts)
7. Surprised the Nazi girl from PA is not being charged with treason.
Tue Jul 13, 2021, 02:30 PM
Jul 2021

She stole Nancy Pelosi's tablet computer and (tried?) To sell it to the Russians. I don't think they ever recovered it, so who knows who actually has it.

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