Quote:
Originally Posted by rickroll
I don't see how you could view it otherwise. While I think majority of the mob were just reacting and didn't have a plan, i don't view that as a valid excuse.
You kind of gave your argument away by conceding they didn't have a plan. According to our guiding legal philosophy you need intent to be guilty of a crime. It's too easy for them to make the case that they were just there to protest in the manner of occupying a government building and not to seize power by fiat.
Quote:
Originally Posted by rickroll
This is not about whether you agree with the election being stolen or not, this is purely about whether or not they were just another mob and should be prosecuted as such or if they should be charged as if they genuinely meant to topple the government.
I think I agree that no ostensible reason behind a coup attempt matters to the state that withstands such an attempt. Even if the election was rigged it remains reflexively true that it is always a crime to attempt to topple the government.
In summary, had they planned to topple the government then yes they would be guilty of treason and the reasons for the toppling effort don't matter. However, you can't prove they planned that in most cases so there is no crime. Maybe some individuals did plan to topple the government and waxed poetic about it on social media. I would say if they actually made plans for a new government then yeah they could be prosecuted for treason. However, if their plans were only to stop the certification I don't think that could be convincingly equated with treason but it should be something prosecutable.