probably not Treason but it is very possible some higher level people end up getting charged with this:

Proceedings (18 U.S.C. 1505)
Section 1505 outlaws obstructing congressional or federal administrative proceedings, a crime punishable by imprisonment not more than five years (not more than eight years if the offense involves domestic or international terrorism).


Well, close to treason maybe?

The federal law against seditious conspiracy can be found in Title 18 of the U.S. Code (which includes treason, rebellion, and similar offenses), specifically 18 U.S.C. § 2384.

These seems like an obvious loophole that needs to be closed. Actual perps are saying they thought the were preventing a crime because politicians and POTUS lied to them. POTUS and politicians say all they did was engage in first amendment protected lying and everyone avoids serious charges.

I highly doubt that the "I thought I was preventing the stealing of an election" defense is going to hold up in court.

I think a prosecutor with courage not only could make the case but needs to make the case against Trump and others who prompted this.

It is both a conspiracy and sedition case IMO.

An element of it is what the people hearing the message believe. So its not just black and white and to say because Trump and others spoke vague enough to allow for multiple interpretations that means they are not guilty.

You now have dozens of people who been found or plead guilty who have said under oath they believed the POTUS was calling them to action. Asking them to act to protect the Constitution and country.

If so many people listening to these messengers drew the same conclusion, then the elements of a reasonable man test taking action are there.

If I yell 'Fire' in a theatre as part of a comedy routine and no one reacts I am not guilty, but if i yell fire in a random theatre and someone dies in a stampede I am responsible. Why? Because a reasonable person could/would believe me and act and thus I am responsible even if some do not act.

I think however the system hates to prosecute the rich and powerful and tries to find reasons not to instead of reasons to proceed.

It's not an argument for a walk. They're still facing the same charges. What I'm arguing against is that they should face they same top charges/penalties as a rouge military leader storming the Capital would. This wasn't remotely in that league. And sure those that committed assault should be charged as such but for the rest of them, come on they brought their WAGs, took selfies, etc. That's not at all the sort of scenario sedition/insurrection are intended to address.

the boston tea party was jaywalking compared to the atrocities of 1/6. They should all be executed.

Right. You are arguing that they should receive lighter sentences because of what they were thinking. I am saying they should receive basically the maximum per the sentencing guidelines for the crimes they committed because of the political terror/anti-democratic nature of their crimes.

I'm not arguing that. Depending on their current charges they should be sentenced to whatever the sentencing guidelines recommend as far as I'm concerned. What I'm saying is based on what they actually did and why they did it I don't think they should be facing a more severe crime like Seditious Conspiracy whereby they'd all get 10-to-20 years. And while I don't agree with that, I get why people might. But what those people don't get is that by invoking those higher charges they're also opening the door to charging any group that uses any degree of force to hinder the enforcement of any laws in a similar manner.

You can reread your own quote.

You’re right that subjective state of mind issues absolutely matter in sentencing. I just think what they were thinking should add time to the trespassing etc chargers they are getting. Basically they should be looking at max sentences for trespassing. I’m not saying they should be charged directly for sedition etc unless they can be proved.

Can we hold off on the executions until after the trials are over?

I didn't catch all of the AG's presser today. Did he happen to mention the word Treason?

'Gun-Toting Rioter Who Threatened to Shoot His Kids Gets Longest Jan. 6 Sentence Yet.'
'Reffitt was sentenced by a federal judge to 87 months, or just over 7 years, in prison.'
'In court on Monday, Guy Reffitt described himself as “a ****ing idiot” who hadn’t been “thinking clearly” at the Capitol.'

Another victim of the NYC conman.

https://www.thedailybeast.com/guy-re...6-sentence-yet

Was Jan 6th treason?

I was born and raised in Washington, DC. If you've lived there or even visited, then you would know how easy it would be for a riotous group to overrun many federal buildings including the capital and even the white house. Anyone remember the Trump-era barricade around the white house? Trump protected his ass but left everyone else at risk.

A riotous group overrunning a federal building to stop congress from doing their job with the mob chanting to hang someone reaches the level of treason. But even beyond treason, this should be about these jackasses getting charged with murder. Most of the people being tried now are trying to say they are sorry and that they were wrong, but the reality is that when most people are found guilty of anything they recant in hopes of getting a lighter sentence. But what if the rioters had actually succeeded in storming the building and taking hostages? I'm old enough to remember the 1972 Summer Olympics in Munich, West Germany. The Munich massacre would have been joined with a Capital massacre.

My grand father had a gruesome book of hangings which would better be described as lynching. If you go back a bit, this country is full of lynching of blacks. And what less people know, is if you go back even further it was not unusual for a town's people to overrun a jail and hang a suspect (go watch some old westerns and you'll see this theme often). People are sheep. It only took Trump to get them to riot. If the rioting mob had succeeded in overrunning the capital then it would have only taken a few Proud Boys or other to groups to end up with rape and massacre.

Rickroll, IMO, any January 6th rioter federally indicted for lesser charges, should also be indicted for sedition.
Excerpted from the Associated Press link,
Seditious conspiracy: 11 Oath Keepers charged in Jan. 6 riot | AP News
“... These were the first seditious conspiracy charges levied in connection with the attack on Jan. 6, 2021. ...”.

Once a single January 6th rioter is convicted for sedition, there's certainly legal grounds to indict Donald Trump. Respectfully, Supposn