- Apr 30, 2013
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The report reveals that prosecutors also considered charging Trump with violating the Civil War-era Insurrection Act ... Smith said prosecutors felt they had enough evidence to prove Trump had provoked the Jan. 6 attack but opted not to charge him with insurrection because they had no modern precedent to guide them and believed the other charges Trump faced were sufficient.
“The Office did not find any case in which a criminal defendant was charged with insurrection for acting within the government to maintain power, as opposed to overthrowing it or thwarting it from the outside,” the report says.
In case law interpreting “insurrection" in another context, one court has observed that an
insurrection typically involves overthrowing a sitting government, rather than maintaining
power, which could pose another challenge to proving beyond a reasonable doubt that Mr.
Trump's conduct on January 6 qualified as an insurrection given that he was the sitting President
at that time.
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Sounds like a loophole that Congress should address with specific legislation.
It will forever be a stain on Lincoln's GOP that the party nominated a liar, rapist, and insurrectionist for President, and spent untold riches to get him elected. Abe must be rolling over in his grave.
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