Crimes The Capitol Rioters Committed

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I'm gonna sticky this for now

👍︎︎ 1 👤︎︎ u/G4L4CT1C4 📅︎︎ Jan 22 2021 🗫︎ replies

"There's no way they'll be charged with insurrection unless they did something stupid like film themselves saying it's a rebellion"

👍︎︎ 211 👤︎︎ u/ManfredTheCat 📅︎︎ Jan 22 2021 🗫︎ replies

Legal Eagle is an excellent channel.

👍︎︎ 131 👤︎︎ u/BoilermakerXVI 📅︎︎ Jan 22 2021 🗫︎ replies

Narrator: You know how I've covered 'Sedition' in other videos and it's never 'Sedition'? Well...

LOL

👍︎︎ 109 👤︎︎ u/argomux 📅︎︎ Jan 22 2021 🗫︎ replies

Imagine being one of these maniacs. You get home and think you were a patriot. Now you’re realizing you were played for a fool and facing so many charges. I love so much how many deleted profiles there are.

On the day of the capitol storming I was watching Stephen ignoramous because of a Reddit link. He’s since deleted all content. It’s so divine. These fucking idiots were so brainwashed and unable to have an original thought that they got fucking had! Trump left them to bleed out as well.

“Mommy, where’s daddy? He’s in prison babe.”

👍︎︎ 89 👤︎︎ u/MightHaveSharted 📅︎︎ Jan 22 2021 🗫︎ replies

Legal Eagle is also suing the White House, DOJ and CIA over some denied FOIA requests involving stuff that was cut from John Bolton's book. And he's confirmed he's not withdrawing the suit now that Trump is out of office.

👍︎︎ 53 👤︎︎ u/weirdoldhobo1978 📅︎︎ Jan 22 2021 🗫︎ replies

This is a great video. Very reassuring that the terrorists will actually be charged with a whole host of crimes to put them away for a long time.

👍︎︎ 39 👤︎︎ u/ssldvr 📅︎︎ Jan 22 2021 🗫︎ replies

Too bad it’s going to be a while before any of these traitors are put on trial.

👍︎︎ 18 👤︎︎ u/rogvortex58 📅︎︎ Jan 22 2021 🗫︎ replies

I can’t wait to see the tears when they’re charged with more serious crimes.

👍︎︎ 16 👤︎︎ u/angiepie02 📅︎︎ Jan 22 2021 🗫︎ replies
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- We're just beginning the investigation into what gave rise to the January 6th attack on the US Capitol. But what we're learning is that this was no fluke. This was planned in advance from everywhere from Instagram to Facebook, to the dark web. And this wasn't just idle chatter from some rando on a conspiracy theory forum though. They certainly participated as well. No, a lot of these people were middle-class Americans who just contracted brain worms from Newsmax, OAN, Fox News and sometimes even their relatives on Facebook. And while it's certainly possible that some of these people never thought that it would get out of hand the way it did a lot of these people planned it ahead of time. And what unifies all of these people together is that they are all going to face incredibly harsh criminal sentences for some of the things that they perpetrated whether they intended to do it or not. And while some of the perpetrators flew in on a private jet and are now asking for a presidential pardon, let's talk about what crimes all of these rioters and their leaders might be charged with. Hey, legal Eagles. It's time to think like a criminal defense lawyer because a lot of these rioters are going to need one. Now, before I dive into the litany of crimes that these writers might face there are two general considerations that I think are particularly interesting here. The first is that a lot of people have been surprised at the relatively light charges that have been levied so far. So far hundreds have been charged and probably hundreds more will be charged as well. But people have been surprised at the types of crimes that they've been charged with, many face lesser charges, such as unlawful entry, disorderly conduct and defacing public property, and only a few have been accused of the more serious crimes like felony violations of the right act. And we're gonna talk about that in just a second. But one thing that is overlooked here is that these might not be the final charges. It's pretty common for authorities to make arrest based on readily proven charges in this case such as trespassing. And then weeks later prosecutors can seek a grand jury indictment on more serious charges. And a lot of this has to do with the way that federal courts operate because in order to charge someone with a felony, you have to go before a grand jury, a grand jury although it has a very grand title is really just a group of individuals that act as a check on prosecutorial power. Even before things go to trial, generally speaking a district attorney, or in this case a US attorney would have to go before a grand jury and say, here's the probable cause for me to indict a criminal. And only after the grand jury signs off on that particular proceeding can you then indict someone for a felony charge? One way around that is a US attorney can swear an affidavit of probable cause to a magistrate judge and get what's called a criminal complaint to start the proceedings and avoid having to convene a grand jury. You basically start the process by complaint and you can get a complaint for either a misdemeanor charge or a felony. But the difference is that, while you can charge a misdemeanor without ever going to a grand jury, generally for a felony you have to go in front of a grand jury within 30 days of getting that criminal complaint. Now, there are two main reasons why you might wanna use the complaint process and might explain some of the things that we're seeing with respect to the rioters. The first is that some jurisdictions don't actually have a grand jury convened right now because of COVID related reasons. And the other is that you might use a criminal complaint to get someone into the court system to get them under the court supervision so that you can go back and charge more serious things later. So with the initial charges filed the federal prosecutor might go before a grand jury later and then seek significantly more serious crimes. And even then once there is a formal indictment you can always convene a grand jury to get a superseding indictment and charge them with even more serious crimes. So if you are a Capitol rioter and you think you're off relatively scot-free because you were just charged with misdemeanor trespass more serious charges may definitely be on the way. Now, the other issue that I think is overarching here is the issue of conspiracy, because a lot of these people coordinated with each other both before they attacked and laid siege to the Capitol. And then even while they were in the midst of it certain people coordinate with each other. There is truly a federal conspiracy statute but for the most part that's an add on to other and different crimes. People have to agree to some sort of crime and there has to be a meeting of the minds but you can't conspire to do something not illegal. You can't conspire with your friends to go have dinner together. That's not a crime, I guess unless you're talking about COVID risks, but let's put that aside. You cannot conspire to do something that's not a crime but the benefit of charging someone with conspiracy from a federal prosecutor's perspective is that, you don't actually have to complete the crime to be guilty. You just have to take one overt act in furtherance of that conspiracy or in furtherance of that ultimate criminal end. So if there are circumstances that give rise to an agreement, a meeting of the mind where people take at least one step toward it, then effectively all of the people who are participating in the conspiracy can face penalties that are basically the same as the initial underlying crime itself. So we're just about to talk about all the different crimes that all these people might have committed. But on top of that, if any particular person regardless of what individual crimes they might've committed themselves, if they agreed to participate in a conspiracy to commit one of these crimes they could be guilty of that conspiracy as well. But with that understanding, let's dive into the actual crimes that the Capitol rioters might be facing. Now, of course, there were a lot of people there doing a lot of a legal things. So not everyone is likely to have committed one of these crimes, but this is sort of a smattering of the things that they're likely to face. And the first is the word, that you've probably been hearing a lot these days and that is sedition in particular a seditious conspiracy found in 18 U.S.C. section 2384 which states that if two or more persons conspired to overthrow, put down or destroy by force the government of the United States or to levy war against them, or to oppose by force the authority thereof or by force to prevent hinder or delay the execution of any law or by force to seize take or possess any property of the United States. Now we have covered the law of sedition and treason many times on this channel. And at this point, you're probably sick of hearing me talk about how it's not sedition. It's never a sedition that these people are guilty of. Well, congratulations, because this is not the same case. This is probably a slam dunk for many of the rioters. They probably committed sedition because lots and lots of people stormed the Capitol clearly used force. Specifically they tried to prevent Congress from certifying the election and certifying that Joe Biden is the president of the United States. If that's not using force to oppose a law of the United States, I'm not sure I know what it is. So despite the fact that it's never a sedition here it's probably sedition. And by the way, because the events of January were so excited credibly preposterous that's the legal term. I've noticed a ton of new people coming to the channel but only a small number are actually subscribed. So if you enjoy this legal analysis, and I wanna see me lose my mind over the next thing I'll have to explain as a lawyer, make sure you subscribe, but there's actually an interesting Coda to this whole sedition conspiracy thing which is that in September of 2020, the DOJ created a memo which actually recommended charging protesters with section 2384. The only thing is that those protestors were the BLM protestors over the summer. The memo was authorized by former attorney general Bill Barr signed by now acting attorney general Jeffrey Rosen. And they intended it to be used against black lives matter protesters and Tifa. And the memo goes on to recommend charging protesters with violations of 18 U.S.C. 1361 damage to federal property 18 U.S.C. 844 use of fire or explosives 18 U.S.C. 231a civil disorder, 18 U.S.C. 2101 a riots. 18 U.S.C. 875 interstate communications 18 U.S.C. 1369 damage to veteran's monuments and 18 U.S.C. 1952 interstate foreign travel or transport patient in aid of racketeering enterprises. And no, I am not going to cover Rico in this video but this memo is a really interesting lesson that all of these things that are on the books can be charged in circumstances that you may or may not agree with. And while a lot of people want to throw the book at the Capitol rioters, perhaps they might not feel as strongly about throwing the book at the protestors over the summer who supported BLM. So that takes us to the other buzzword that you've probably been hearing a lot. And that is insurrection. Now that's covered in 18 U.S.C. 2383 rebellion or insurrection and section 2383 makes rebellion against the United States a crime, specifically whoever insights 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 there too shall be fined under this title or imprisoned. Not more than 10 years or both end shall be incapable of holding office under the United States. As I've covered before, there are a whole bunch of other criminal laws that apply here that are probably a better fit than rebellion. This sort of rebellion insurrection. We might be splitting hairs. They're not necessarily trying to overthrow the government. They're just trying to change the government from their perspective. So arguably I don't think this fits unless they did something really stupid like claiming it was a revolution. - [Interview] Why did you wanna go in? - We're storming the Capitol. It's a revolution - Come on. But arguably the same arguments apply to 18 U.S.C. 2385 which is advocating the overthrow of the government though a lot of people did some incredibly stupid things that might actually toe the line on these ones. For example, the infamous racist known as Baked Alaska whose real name is Tim Gionet, live streamed himself breaking into the Capitol building and called for all the Congress members to be hung in the middle of the riot. So who knows at this point, it depends on how aggressive the federal prosecutors want to be and how determined they are to get a conviction in these different cases. But that takes us to another really interesting federal statute which is the anti-riot act in 18 U.S.C. 2101. Now the anti-riot act requires that a defendant travel in interstate commerce or use its facilities with the intent to follow one of the objectives listed in one through four each with a riot as the objective. Now, if this crime sounds familiar, it's probably because this was the central law at issue in the trial of the Chicago seven which I just did a video on a few weeks ago. In that case, several defendants were charged with traveling to Chicago to start a riot. Count one of the indictment against them claim that they conspired not only to travel in and use the facilities of interstate commerce with the intent to insight, organize and promote and encourage a riot but also to participate in and carry on a riot to commit acts of violence and further into the riot and to aid and abet persons in such activities. But at the same time, this goes down as one of the black marks of federal prosecutions because people largely perceive this trial the Chicago seven as being a show trial that was meant to punish the people who participated in protests and punish them for their free exercise of speech. And that takes us to a whole raft of the less sexy crimes but are ones that are probably going to be complete slam dunks, like the weapons charges that are found in 40 U.S.C. section 5104, which are oddly specifically tailored to this particular situation which says that you cannot possess firearms and other dangerous weapons in Congress. And that you may not knowingly with force and violence enter or remain on the floor of either house of Congress. That really seems like it applies to people who entered the houses of Congress. And then there is things like assault on federal officers in 18 U.S.C. 1114 that makes it a crime to kill or attempt to kill any officer or employee of the United States or illegally possessing a dangerous firearm on any federal facility in 18 U.S.C. 930. And then of course it should surprise no one that there's a whole bunch of laws that prevent the destruction of federal property. And then of course there is perhaps the most on the nose law in all of this is 18 U.S.C. 351 congressional cabinet and Supreme court assassination, kidnapping and assault which it should surprise no one makes it a crime to assassinate, kidnap or assault members of Congress, the cabinet or the Supreme court. It's also illegal to attempt to do these things. So even if you entered Congress with the intent to hurt a member of Congress, you looked around and you couldn't find a member of Congress you're still probably guilty of the attempt to do it. So as you can imagine, that's real bad news for the guy that brought flex cuff zip ties in to Congress even though he actually wasn't able to hold any particular member of Congress hostage. And then finally the last category of crimes that are likely under these circumstances, depending on how aggressive federal prosecutors want to be are the whole swath of antiterrorism laws that exist. It's entirely possible that federal prosecutors will look at this as a terrorist incident. This was a whole bunch of people using force and firearms and explosives and trying to undermine the government and achieve their political ends in an anti-democratic way in direct contravention of the actual functioning US democracy. It's entirely possible. This qualifies as terrorism. And I would not be surprised, if federal prosecutors took that tack, but the bottom line is that this is all incredibly serious and these people can be charged with any number of these crimes. 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So just click on the link in the description and give it a try. Plus clicking on that link really helps out this channel. So do you agree with my analysis, leave your objections in the comments and check out this playlist over here with all my other real law reviews, where I talk about all the crazy stuff that has happened in the Trump administration and out of the executive branch. So click on this playlist and I'll see you in court.
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Channel: LegalEagle
Views: 1,652,859
Rating: 4.8748298 out of 5
Keywords: Legaleagle, legal eagle, breaking news, case, congress, court case, crime, guilty, jury, latest news, news, not guilty, political, politics, politics news, scotus, supreme court, the trial, trial, Verdict, copyright, law advice, legal analysis, lawyer, attorney, Real lawyer, Real law review
Id: Ct3XOs7nQ38
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Length: 15min 40sec (940 seconds)
Published: Wed Jan 20 2021
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