Insurrection? A Popular Word in the Newsrooms But More Difficult for Prosecutors to Prove.

Editorial Staff - January 6, 2022

Exactly one year has gone by since the U.S. Capitol was breached during a 2020 election protest — an event that Democrat politicians and journalists quickly dubbed an "insurrection" and the White House, FBI, and Justice Department labeled an act of domestic terrorism — but the facts are quite simple to understand, if that was the case then why have none of the more than 700 people facing charges been accused of anything close to insurrection or terrorism.

Numerous legal experts say that they don’t expect insurrection charges to be filed anytime soon, despite reporters and officials repeatedly describing the Jan. 6 incident as an attempted violent overthrow of the U.S. government.

After an unprecedented, high-profile 12-month probe of thousands of Americans, and the arrest and prosecution of hundreds, legal analysts say prosecutors simply haven’t obtained anywhere near the evidence necessary to prosecute crimes of an insurrection-level magnitude. Gee, sorry to hear that Nancy Pelosi but seems like your repeated claims have led to instilling false hopes in the hundreds of thousands of people who are willing t drink your political Kool-Aid.

So why is it that the events of the day are so often referred to as an insurrection anyway? We must understand that the Left controlled media does not have to put forward the same level f truth as do the prosecutors in the courtroom. "While the news has no burden of proof, the government does; and they are probably finding difficulty proving that these defendants incited, set foot on, assisted or engaged in a rebellion or insurrection," said John Tolley, a New York-based attorney and former prosecutor.

So what actually is an insurrection anyway? Under federal code the government must prove that a person "incited, set foot on, assisted, or engaged in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort." According to the statute, an insurrection charge can result in fines and imprisonment for up to 10 years. Individuals convicted of insurrection are also ineligible to hold public office in the United States. So, why has the government not sought charges of the sort in the over 700 cases that have been prosecuted or in the process of being prosecuted so far?

Because the filing of insurrection charges requires "additional and harder elements to be proven by the government," Tolley said a "big bulk of the charges" brought forward instead deal with "assaulting, resisting or impeding officers with a dangerous weapon" or "parading, demonstrating or picketing in a Capitol building."

"Prosecutors have been careful not to bring charges of ‘insurrection’ yet because, overall, the events that unfolded did not start off as an actual revolution or an uprising," Tolley said.

While "insurrection" may be a popular word in the newsroom, Juscelino Colares, a law and political science professor at Case Western University, agrees with Tolley that the term is unlikely to be uttered in a courtroom for the simple reason that the government could most likely not prove that case.

Colares said prosecutors have relied on "evidence and facts" when bringing forward charges that fit the crimes being prosecuted after crowds entered the Capitol as Congress began the process of certifying Joe Biden as the winner of the 2020 election over then-President Donald Trump. Now you can believe what ever you want as far as what happened in the 2020 presidential election that is your right. But the people who walked into the Capital Building that day with many of them being invited in by the welcoming waving arms of the Secuity had their beliefs.

Colares went on to say, "Allegations of insurrection are designed to have a political effect and are not corroborated by the facts," he said of the current use of the word. "As with the ongoing and future prosecutions, it is no surprise the adoption of the term by many in the media does not match the actual court filings."

The DOJ announced that, as of Dec. 30, more than 725 people have been charged with various crimes as part of the investigation. So far, about 165 people have pleaded guilty to a range of offenses, mostly misdemeanors. Twenty people have pleaded guilty to felonies, with six of those pleas involving charges related to assaults on law enforcement.

The FBI is still seeking assistance from the public in identifying some of the individuals who made it inside the Capitol, a breach that prompted lawmakers to go into lockdown. many of them fearing for their lives (including AOC who was not even in the Capital Building that afternoon but in her office in the Cannon HOB located near the Capital Building.)

Robert Sanders, a national security expert and professor at the University of New Haven, said it is possible an insurrection charge could still be forthcoming because prosecutors typically "start with low hanging fruit" and then "work their way up" when charging a group of people. He said the most severe charges are typically reserved for the "biggest fish in the barrel" and "we are not there yet." So we will have to see how that plays out. But at the current time, there’s no official suggestion that prosecutors are working to build any kind of larger insurrection case against a "biggest fish."

According to the DOJ, about 70 defendants have already been sentenced for their involvement in Jan. 6. Of those, 31 face time behind bars, 18 received home detention, and 18 others will have to complete probation without any incarceration.

A majority of the 725 defendants, roughly 640, have been charged with entering a restricted area with a dangerous or deadly weapon. Though a few individuals were charged with carrying a gun on Capitol grounds, no firearms are believed to have been carried inside the building by protesters, and the only gun discharged on Jan. 6 was the one discharged by Capitol Police officer Lt. Michael Byrd.who shot and mortally wounded the unarmed protester Ashli Babbitt.

Of the defendants who illegally entered the Capitol, more than 45 have been charged with destruction of government property and more than 30 defendants have been charged with theft of government property. And rightfully so if guilty of the crime. There is no need for peaceful protestors to steal another's property or destroy property.

According to a May 2021 estimate by the Architect of the Capitol, the federal agency responsible for the operation, maintenance, and preservation of the Capitol, the breach caused approximately $1.5 million worth of damage to the building.

Because the incident occurred while lawmakers were certifying the election results, at least 275 people are charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so. About three dozen defendants are charged with conspiracy based on allegations they obstructed a congressional proceeding, obstructed law enforcement during a civil disorder, injured an officer, or a combination of the three.

Colares said Congress was indeed disrupted by the breach and those who entered the Capitol displayed a lack of respect for government property, which "shouldn’t be condoned."

But he said media and political insinuations that the people protesting that day were insurrectionists who wanted to overthrow the U.S. government is a "serious charge that doesn’t seem to be supported by the facts as we know them today." So as I close this article let me end it as I began, "Insurrection? A Popular Word in the Newsrooms But More Difficult for Prosecutors to Prove."