![]() They managed to achieve this goal at least temporarily. Hundreds of individuals, some armed, forcibly intruded into the Capitol in order to stop the certification of Electoral College votes.But here is a rough list of plausible factual predicates for any follow-on prosecution under federal law: Nor do we directly address President Trump’s potential legal exposure, a subject that raises complicated questions of presidential liability to criminal prosecution.Ĭriminal law is highly fact-specific, and there are still many unanswered questions about what precisely occurred yesterday in any given incident and who had what level of involvement in planning or executing the acts that made up the mob violence. It's not intended to be an all-encompassing list and will likely grow as more reporting emerges about what exactly happened on Capitol Hill. Here, we spell out some of the potential federal criminal statutes that could apply to yesterday’s conduct. The extensive video evidence and crowds of people involved in yesterday’s mayhem give rise to a plethora of potential criminal charges against a large number of criminal suspects. attorneys have written on Twitter that “Federal crimes were violated today at our Nation’s Capitol building,” and that rioters who traveled to D.C. ![]() Hundreds of people participated in what Senate Majority Leader Mitch McConnell condemned as a “failed insurrection” And, as Bobby Chesney described on the National Security Law Podcast, the events included a “cartoonish avalanche of crimes.” For reasons that remain unclear, relatively few people were actually arrested yesterday, but the FBI has begun trying to figure out the identities of those who stormed the Capitol. ![]() Yesterday’s violent storming of the Capitol building raises questions about President Trump’s fitness to see out the remaining two weeks of his term about whether large parts of the Republican Party remain committed to even basic norms of democratic government and about how the country should move on from this brazen attack on the peaceful transition of power.īut it also raises a host of criminal law enforcement issues.
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