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Although incoming President Biden and several of his party colleagues have referred to it as domestic terrorism, it is currently unclear if anyone is being prosecuted for this.
The FBI has yet to comment.
The FBI defines domestic terrorism as “violent criminal acts committed by individuals and / or groups with the ideological objective of influencing, for example, the political, religious, social, racial or environmental character.”
In 2019, FBI Director Christopher A. Wray said that most of the cases they investigated for domestic terrorism “were motivated by what can be called white supremacy, but they also include other things.” During the congressional storm, several people used southern flags. Others had Nazi effects.
Timeline: the dramatic Washington hours
More laws
Although the FBI has a definition of domestic terrorism, there is no single law that covers it. There are several different laws that can be used, Time writes.
The US prosecution is now considering whether to consider this as a single case or as many individual cases, as NRK understands.
The storm can be evaluated on three levels:
- The leaders of the storm.
- Individual crimes such as violence and robbery in Congress.
- People who broke into Congress, probably a majority convicted of misdemeanors.
The most severe punishments
Rebel conspiracy. Now, two or more people are joining forces to disrupt the central functions of the authorities. Given that Wednesday’s goal was to prevent Congress from formalizing the election of Joe Biden, this may be considered to be on the more serious end of the scale. The law carries a prison sentence of 20 years.
Promotion of crime. Encouraging another person to commit a crime for you. This can be the use of force against people or property. The question is whether the prosecution can prove that this was planned. The person who incited may risk up to half the punishment to which the person who committed the act was sentenced, according to Time.
Murder and violence. This is covered by a number of federal regulations.
Trump supporter Ashli Babbit was killed by police shooting, Rosanne Boyland (34) was killed when she was trampled during a fight between police and insurgents, according to a friend, but this has not been confirmed. Police officer Brian D. Sicknick died from his injuries during the fight with the invaders.
There is likely a murder charge, but it is not known whether it is considered intentional, meaning that it was an intention to take the other person’s life.
A premeditated (planned) murder can carry the death penalty or life imprisonment.
Several can also be prosecuted for threats or violence with weapons or other objects.
Attacks with a deadly weapon carry a penalty of up to 20 years in prison.
If the murder or kidnapping of a congressman is planned, he could be sentenced to life in prison, even if the plan was never completed.
ARRESTED: Jacob Anthony Chansley (Jake Angeli), also known as the Q-shaman, reported to police.
Photo: Win Mcnamee / AFP / nTB
Others punish those who risk
NBC News has analyzed why congressional attackers can be punished. A distinction is made between lesser offenses and crimes.
Crimes can be punished with fines and up to one year in prison. The crimes below have a maximum penalty of 10 years.
Property infringement: A minor offense involving a person entering or staying in a building to which they do not have access.
Entering a government building: This offense applies to anyone who deliberately enters a government building that has restrictions. It also applies if you are involved in disturbances that hinder government activities in the government building.
Physical damage to state property: It is considered a misdemeanor if the value is up to $ 1,000 and a felony of $ 1,000.
Entering a government building with a weapon or causing damage: This is a crime that applies to anyone who enters the building with a deadly weapon. The statutory provision also applies to those who otherwise cause serious bodily injury. It is illegal to have guns in DC, so there will likely be more charges against protesters carrying guns during the rally.
Rooms inside the congress were demolished after the January 6 attack.
Arrests
So far, those arrested are charged with relatively lenient provisions. The three detainees we discuss here are some examples:
- Jacob Anthony Chansley (Jake Angeli), also known as the Q-shaman, was arrested on Saturday after reporting him to the police. He is accused of deliberately entering and staying in a prohibited area. He is also charged with using violence and disorderly conduct on federal grounds.
- Derrick Evans (35) of West Virginia was arrested Friday and is charged with the same charges as Chansley. He posted the storm directly to Facebook. According to the indictment, he encouraged more people to join in and shouted “We’re in, we’re in. Derrick Evans is in Congress (on Capitol Hill)”
- Adam Johnson (36) of Florida was arrested Friday and is charged with the same as Chansley and Evans plus robbery. He took speaker Nancy Pelosi’s rostrum with him.
Police officers participated in the assault
Several police officers and at least one police chief were involved in the Senate assault, which killed five people, writes the Washington Post.
Several states have announced that they are investigating members of the police who participated in the riots and are now at risk of being fired or can expect other disciplinary reactions.
Others are being investigated for supporting those who participated.
Acting District of Columbia State Attorney Michael Sherwin told NPR that “hundreds” of people could be charged in connection with the storm. According to the prosecutor, they work around the clock to identify suspects and search for evidence online before removing them.
The prosecutor says the charges will cover everything from destruction of federal property to murder. He also believes they will find evidence that the assault was coordinated.
What is Trump risking?
Democrats in Congress have asked the Justice Department to explain what is being done in the investigation.
Trump’s role in the congressional storm is part of the Supreme Court process that Democrats will attempt to launch Monday.
The House of Representatives can process it. It requires a majority, that is, 218 votes.
On Sunday, 190 members signed the draft Supreme Court.
If Trump is to be convicted, two-thirds of the Senate is required to vote in favor. In today’s Senate, there are 50-50 between Republicans and Democrats. The vice president has a double vote.
What is happening to Trump now?
In theory, Trump can be brought to justice after he resigns, but that has never happened before.
– In principle, there is nothing in the US Constitution that prevents you from being tried in the Supreme Court even though the presidency has expired. If you are convicted in the Supreme Court, you lose your chance for re-election as president, says researcher Sofie Høgestøl.
The Washington state attorney initially refused to dismiss an investigation into Trump in connection with the congressional storm, but on Friday it was largely rejected.
– Do not expect accusations of that nature, said attorney Ken Kohl in the prosecution.
In a letter to FBI Director Christopher A. Wray, Democrats asked for answers on how the FBI prepared for the January 6 protests and what they are doing to investigate and hold “domestic terrorists” accountable as attacks. Democrats will also have answers on what is being done to prevent future attacks.
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