Definitions

Writing at National Review, Andy McCarthy unpacks what happened at the U.S. Capitol on January 6 from a legal perspective and discusses the various labels that are applied to it. The piece is detailed and should be read in its entirety; I don't know if it's behind the paywall or not but if it is bookmark it and come back later.

In short, McCarthy says that the folks who stormed the Capitol building, made it inside and made themselves at home and a nuisance for several hours are guilty of rioting -- but not of insurrection or treason. And, he says, despite the words used by the Attorney General, the Justice Department agrees -- because it's going to ask for one of the lead ruffians to get about a 3-year or so sentence for pleading guilty. McCarthy, a former federal prosecutor, points out that if someone really tries to overthrow the government, their term behind bars ought not to be shorter than the President's term in the White House.

I appreciated the analysis because it helped me put some of my own ideas in a proper framework. The thought that the riots qualified as an "insurrection" is ludicrous. They were a big problem, caused partly by inadequate preparation on the part of law enforcement and partly by then-President Trump hemming and hawing about telling the same people he had just stirred up to simmer down and go home. But an insurrection? How? Although one particular bit of government business -- the certification and recording of the electoral votes from the November 2020 election -- was delayed, it was not blocked and no other government function was impeded. Some Capitol Police where assaulted and a female protestor was shot and killed -- these are awful things, but they are not an insurrection against the United States.

It's reported as overheard in more than one news story, but not verified, that one of the protestors who reached the U.S. Senate chamber said something like, "Well, we're here. Might as well form a government." I'd say that's usually the kind of thing loony enough it causes roofs to cave in, but it's not like that room hasn't heard worse before.

There was literally zero chance that the people in the Senate and House chambers and those roaming the rest of the Capitol could "form" any government that would be accepted by existing governmental officials, bureacrats, elected officeholders, law enforcement personnel, military service folks, and so on. If that statement was really uttered aloud, did the speaker really think that Chuck Schumer would have said, "Well, we'd like to go back inside and sit in our comfy chairs and argue with each other, but there's a guy with buffalo horns on his head who took mine and some dude waving a flag with Trump on Mount Rushmore took McConnell's."

In the immediate aftermath my desire was to have this event investigated, proper and appropriate charges filed, remedial steps taken to prevent a repeat and then to have everyone shut up. Not because I'd like it swept under the rug but because between a Justice Department that shouts, "Treason!" but sentences, "Trespassing" and supporters of the former president who say, "They were just taking selfies and got a little excited," there's not anybody saying anything worth listening to anyway.