What is insurrection in law?

in #trump2 years ago

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Donald Trump's defense attorney during the Mueller investigation, Ty Cobb, has reportedly called Trump's Jan. 6 actions "insurrection."

So what is insurrection in law?

10 U.S. Code, 13 discusses how the President can respond to an insurrection, but doesn't define the term explicitly. It does, however, suggest from examples of past presidential actions that domestic violence and disorder and obstruction of the enforcement of the law or court orders could be insurrection.

I'm not sure that's a great help in this case, although it is very suggestive. The examples are all from the '50s and 60s, and would seem to relate to civil rights conflicts. I say suggestive because while enforcement of the law is not the issue in the present case, the arguably more important carrying out of a vital constitutional function was what Trump was attempting to prevent.

Findlaw says,

"Rebellion and insurrection refer specifically to acts of violence against the state or its officers. This distinguishes the crime from sedition, which is the organized incitement to rebellion or civil disorder against the authority of the state."

That makes it sound more like Trump might have engaged in sedition, since he didn't commit any violent acts, but arguably was involved in an organized (or perhaps rather disorganized) incitement to civil disorder against the authority of Congress.

18 U.S. Code 2384 defines "seditious conspiracy" as

"two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspir[ing] to . . . oppose by force the authority [of the U.S. Government], or by force to prevent, hinder, or delay the execution of any law of the United States..."

Take that as you will. I'm still unsure, and am hoping more legal professionals will begin to weigh in on this.

The penalties, by the way, are up to 10 years for insurrection and 20 years for seditious conspiracy.

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