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  • Letter: If they are “insurrectionists” why haven’t they been charged?

    Letter: If they are “insurrectionists” why haven’t they been charged?

    Bob Fliegel
    St Augustine

    Dear Historic City News editor:

    Someone will correct me if I’ve got this wrong, but I don’t think that any of the rioters, or if you prefer, zealous protesters, who stormed the Capitol on January 6th have been charged under the federal insurrection statute, and yet their acts are often described as “insurrection”.

    Why haven’t they been so charged?

    Is it because federal prosecutors don’t believe they can prove the elements of the statute?

    18 U.S. Code § 2383 – Rebellion or insurrection “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

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