U.S. Code ยง2383
declares that anyone found guilty of insurrection faces a maximum of 10 years in prison
and may not hold public office. So, how is it Trump will be the 47th President
of the United States? Simple. Trump has not even been charged with insurrection,
let alone found guilty. Here's a fairly
simple and concise article
on the subject. Politicians and the media regularly call Trump "an insurrectionist."
That's opinion disguised as fact.
You can bet Biden's DOJ looked very carefully at charging Trump with insurrection.
Apparently, they realized there was insufficient evidence that Trump's involvement
on Jan 6 rose to that level. In fact, when asked about it, President Biden chuckled
saying something like: "If Republicans are serious about insurrection, they'll
need F-16s," and he's right about that.
Calling the Capitol riot on Jan 6 an insurrection is a bit of a stretch.
I point out that all investigations, charges, and prosecutions have been carried
out during the Biden administration. The obvious question is, of the 1,100+ people
arrested, why is it not one of them has been charged with insurrection?
The riot at the Captitol was almost four years ago. It's time they put up or shut up.
378 of those arrested have been charged, tried,
convicted and sentenced to periods of incarceration. For a list of sentences
as of September 2023, check out this
Newsweek article.
Indictments include:
seditious conspiracy*
interfering with or assaulting a police officer
disorderly conduct
disruptive conduct in a restricted area
obstruction of an official proceeding
demonstrating in the Capitol, etc.
*The article does show three convictions for Seditious Conspiracy,
but that charge seems rather broad as it includes "everything from violently
stealing gov property, violently stopping lawmakers, or conspire to overthrow."
Which of those acts were committed to get convictions? I don't know.
So far as I know, those who invaded the Capitol
brought no firearms, not even torches and pitchforks
did not glue themselves to walls/floors
defaced no artwork
toppled no statues
most importantly, did not start any fires.
They did, however, asssault police officers, break into the building, vandalize
doors, windows, offices, etc. Here's a good article with pictures from
CNN.
Those involved are being prosecuted, as they should be.
If Jan 6 was supposed to be an insurrection, I'd say it failed miserably
and was clearly unorganized. Fortunately, the mayhem was short-lived, lasting only
a few hours before order was restored. Afterwards, most people simply went home
with our constitution upheld and our republic still intact. Fourteen days later,
Joe Biden was sworn in as our 46th President without incident.
There's nothing wrong with protesting,
but fighting with police and breaking
into the Capitol Building are crimes.
Trump Is a Convicted Felon -- or Not
I was genuinely confused because
FL law
prohibits convicted felons from voting. In fact, they can't apply to vote until after
their sentence has been served
any parole has been completed
any fines and restitutions have been paid.
So, I asked myself: How is it Donald Trump voted? Why haven't Democrats cried foul?
I had no clue but happened to watch a news show on FOX that had a lawyer as a guest. The
host made a comment about Trump being a convicted felon. The lawyer replied:
"Legally, Trump is not a convicted felon." Huh? That's not what I've been hearing.
I will explain the lawyer's explanation this way.
If you are tried for a felony and the jury finds you guilty, you are not a convicted
felon until after you are sentenced and the judge officially records the charge, verdict
and sentence. The same due process you would enjoy also applies to Donald Trump.
If my count is correct, Trump's sentencing has been postponed four times.
Without a sentence and official record, he is not a convicted felon and therefore
eligible to vote.
A jury did find Trump guilty of
34 felonies,
but labeling him a convicted felon is putting the cart before the horse. In sports,
we like to say: "It ain't over till it's over." A jury verdict of guilty but no sentence
leaves Trump in Legal Limbo.
So, what's the plan -- to hang this over Trump's head for over four years
while he's President and then sentence him? I would not be surprised if the indictment
and verdict are thrown out. What prosecutors did was take misdemeanors, whose
statutes of limitations expired in 2019, and convert them to felonies. The legal
gymnastics prosecutors employed are astounding and unprecedented. That a jury
went along with this is puzzling.
What bothers me is why did prosecutors wait for over five years to bring
charges? Was it because Trump was gaining steam during the recent election cycle
and might become the Republican nominee and, God forbid, President? To say
the timing of the indictments smells fishy is an understatement.
To be honest, if asked, I could not tell you what Trump's crime is,
and neither can anyone else I have asked.
USA Today
has an article that attempts to explain the indictment. Good luck understanding it.
Regardless of outcome, as with all things Trump, 'twill be interesting to see how this plays out.
Update Jan 10, 2025: Trump received an unconditional discharge
at his sentencing, meaning no jail time, no fines and not even parole. All this
upheaval and expense over how payments were ledgered in the hush money payment
made to Stormy Daniels, and what did government prosecutors get out of it?
Nothing, other than the label of felon.
