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Originally Posted by ecriture d'adulte
I think there is no doubt they were genuinely trying to prevent Joe Biden from becoming President and wanted to reinstall Trump. Whether you can charge them additionally for this motive is another question since it is/was so delusional/irrational with 0 chance of success. Obviously if they had somehow over taken the Capitol for days and there was a period where it wasn’t obvious that Biden would be sworn in people should be looking at decade plus sentences.
I am not so sure it had no chance.
Word is that Pence had to put his foot down to get his Secret Service detail to take him back towards the mayhem instead of getting in a car. Some reports say his closest detail members said if he gets in that car, Trump has ordered they whisk him away for his safety and they would have held him away from doing his duty saying it was too dangerous to return.
Regardless of that though, if the House and Senate just decided not to re-adjourn that day, the Constitution then proscribes no method to confirm Biden as POTUS after. There is no 'make-up' mechanism.
I think what would have ensued is that some in the House and Senate would have tried to do the procedure the next day while Trump proclaimed himself POTUS until the SC can settle it and say otherwise. Biden not being sworn in and all.
So then what happens? Can the Dems and MIlitary order Trump out despite Biden not sworn in, in accordance with the Constitution?? Would they even try in the face of an obstinate Trump saying 'make me leave?'
I think left leaning citizens hit the streets in mass numbers with ensuing violence around the fringes and Trump tries to seize that to slam police and National Guard and military into them claiming the US has fallen into anarchy and he must declare Martial law to quell it.
Meanwhile we know how slow things are going thru the courts.