“18 U.S. Code Par. 2383 - Rebellion or insurrection” establishes: “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.”
U.S. Attorney General Merrick Garland appointed Jack Smith special counsel overseeing the criminal investigation implicating Donald Trump regarding the Jan. 6 U.S. Capitol attack. Of the potential crimes perpetrated, the above code appears fitting.
The attack unquestionably fits the definition of rebellion and insurrection to criminally invalidate the constitutionally established winner of the presidential election.
Although not physically engaging in the attempted coup, there’s plenty of evidence to corroborate that Donald Trump personally assisted and incited the siege. For example, Trump not only failed at any attempt to prevent armed protestors flocking to the Capitol, he initially refused any effort to stop the deadly violence once it began.
His subsequent stated intention to pardon and apologize to those who participated in the deadly insurrection should cement the additional evidence required to establish the “aid and comfort” element of the statute; thus, solidifying his prior criminal intent beyond a reasonable doubt.
Raymond A. Hult, Bountiful
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