Insurrection – yes or no?

January 6, 2021 was supposedly an insurrection.  Many have been arrested and some are now serving time in prison, but none of them were charged with insurrection.  In fact, no one (including President Trump) has been charged with insurrection.  The reason?  Their actions do not fit the legal definition of insurrection.  Here’s what the US code says: 

§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.

The 14th Amendment of the US Constitution has five sections.  The section we’ve heard the most about since January 6, 2021 is section 3 which says, “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Interesting that the last phrase of Section 1 of that amendment says, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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