Milosia2 wrote:
J*** 6 was by definition domestic terrorism — but here's why no one is being charged with it: experts
Sarah K. Burris
January 09, 2022
teargas us capitol j****** 6
J****** 6 attack on the U.S. Capitol (Photo by Tyler Merbler/Wikipedia)
Sen. Ted Cruz (R-TX) enraged his own party when he described, what some call, a failed c**p at the Capitol as an example of domestic terrorism. After being attacked by Fox personality Tucker Carlson, Cruz had to come up with a reason he didn't mean what he said.
But what Cruz called it has sparked further discussion about the attack and the laws that deal with domestic terrorism in the United States. Most Republicans who agree the attack was terrorism have stayed quiet, likely fearful of former President Donald Trump, the tea party caucus or their own party v**ers who have turned increasingly right over the past decades.
MSNBC host Ayman Mohyeldin read the FBI's definition of "domestic terrorism" to further prove the point that what unfolded on J*** 6 fit the definition.
"Violent criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political, religious, social, radical or environmental nature," the FBI says.
National Security Council's former senior director of counterterrorism Javed Ali explained that there is a clause in the U.S. Patriot Act that that "lays out a three-part definition of what constitutes an act of domestic terrorism. So, the activity on J*** 6 or a lot of that activity fits within that definition. And a whole host of senior officials have labeled it an act of domestic terrorism. So, it definitely fits the definition."
His comments match that of former FBI counterterrorism deputy Frank Figliuzzi, who also explained on Sunday that the FBI could have done a whole host of things that would have helped on J*** 6. One of the things would be to open a "threat assessment." He noted that J*** 6 wasn't even declared a "National Security Special Event," which is done for everything from the Super Bowl to other major events or gatherings that could be a soft target for terrorism.
"Yet, the peaceful t******r of p***r was not treated even with a threat assessment, which would have allowed the FBI to gather open-source data from where? Social media. Collect source information. You could do that. Now, let's think ahead. Look at the next possible event. Open that threat assessment. Work with social media platforms, give them keywords and phrases tied to that coming event. It can all be done lawfully if they'll just get out in front of it."
He went on to say that local law enforcement desperately needs the FBI to take the baton on this and help them uncover events before they happen.
"We have to start getting ready for the potential for violence, perhaps around the midterms at statehouses, state capitols, perhaps around the issue of certifying extremely close U.S. Senate races in some key states, and I cite what those states might be. and start equipping local, county, and state law enforcement to start identifying the threats," he said.
Mohyeldin noted that charges aren't being leveled at the terrorism level, instead, the attackers are being charged with things like "entering congressional property" or "trying to disrupt congressional proceedings."
"This is one of the really difficult aspects of the domestic terrorism issue in the United States versus international terrorism," said Ali. "It's a complex legal framework to get through. There is a definition of domestic terrorism, we just talked about that. But there is no crime of domestic terrorism. Likewise, there is no list of d******c t*******t organizations like there is on the foreign side. That's why prosecutors can't bring material support charges against individuals aligned with different domestic extremist ideologies, because there's no list of these groups here in the U.S."
He explained that prosecutors would then have to use different federal laws to bring charges.
"If you look at the pool of people who have been charged and arrested, of the 725 charged, the number only seems to get bigger every week. None of the charges have the words terrorism in it," Ali continued. "There are other serious federal crimes. So, that is something prosecutors, I'm sure, have had to look at. What evidence do they have? What charges can they bring forward? Which charges will stick in court and what is the potential as they gather additional information or evidence? Could they then bring something forward under — there's a different clause known as terrorism enhancements. There's 57 different crimes under that terrorism enhancement statute. But so far, maybe outside of the crimes of destroying property at the Capitol, there doesn't seem an inclination right now to bring any of these terrorism enhancement charges."
J*** 6 was by definition domestic terrorism — but ... (
show quote)
America’s Justice System Says J*** 6 Was Neither A Terrorist Attack Nor An I**********n
BY: DAN O'DONNELL
JANUARY 10, 2022
5 MIN READ
US Capitol
Anyone waiting for the first hysterical 9/11 comparison on the first anniversary of J*** 6 didn’t have to wait long.
“Certain dates echo throughout history, including dates that instantly remind all who have lived through them — where they were and what they were doing when our democracy came under assault,” Vice President Kamala Harris said early Thursday morning. “Dates that occupy not only a place on our calendars, but a place in our collective memory. December 7th, 1941. September 11th, 2001. And J****** 6th, 2021.”
A few minutes later, President Biden compared it to the Civil War.
“R****rs rampaging, waving for the first time inside this Capitol, the confederate f**g that symbolized the cause to destroy America, to rip us apart,” he said. “Even during the Civil War, that never, ever happened. But it happened here in 2021.”
This, Biden gravely intoned, represented a “dagger at the throat of America, at American democracy.” It was nothing short of an “armed i**********n.”
Not an I**********n
Only it wasn’t, according to prosecutors and courts of law. Of the more than 725 people arrested and charged in connection with the J*** 6 incident, none have been charged with “r*******n or i**********n” under 18 U.S. Code § 2383.
The law, which carries a maximum sentence of 10 years in federal prison, applies to “whoever incites, sets on foot, assists, or engages in any r*******n or i**********n against the authority of the United States or the laws thereof, or gives aid or comfort thereto.”
If, as Biden and Harris (and pretty much every Democrat in America) suggest, the J*** 6 defendants had stormed the Capitol with the intent of overturning the results of the 2020 p**********l e******n, then why have none of them been charged with it?
Not S******n
In addition, if, as they have been alleging for a year now, this i**********n was really aimed at toppling the incoming Biden government and reinstating Donald Trump as president, then why have none of the more than 725 defendants been charged with “s*******s conspiracy” under 18 US Code § 2384?
The statute provides that “if two or more persons … conspire to o*******w, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”
Doesn’t that behavior sound exactly like what Biden, Harris, and the rest of the Democratic Party have claimed happened on J*** 6? Didn’t a group of conspirators — egged on and perhaps even directly guided by former President Trump — take the Capitol by force in an attempt at destroying the government (as well as democracy itself)?
And if Trump — or anyone else supposedly fomenting and guiding the “i**********n” — was indeed advocating for the o*******w of the Biden government, then why have they not been charged accordingly? 18 US Code § 2385 criminalizes “advocating the o*******w of government,” which it defines as knowingly or willfully advocat[ing], abet[ting], advis[ing], or teach[ing] the duty, necessity, desirability, or propriety of o*******wing or destroying the government of the United States.”
Not a Terrorist Attack
After 365 days of criminal investigations, there has not been enough evidence to bring such charges against any of the more than 725 people arrested in connection with what is now hyperbolically (and laughably) considered a 9/11-like attack on the Capitol.
Were this an actual domestic terror attack, it would have been charged as such. It was not. Not one of the more than 725 J*** 6 defendants has been charged with a terror-related offense. This will undoubtedly come as a shock to Biden, Harris, and any Democrat who believes their hysterical rhetoric.
Domestic terrorism is defined in federal law as “acts dangerous to human life that are a violation of the criminal laws of the United States or of any State” that “appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping.”
If the J*** 6 “terrorists” really had brought gallows into the Capitol with the intent of h*****g then-Vice President Mike Pence if he didn’t acquiesce to their demands to stop the e*******l v**e certification, then why have none of them faced a domestic terrorism sentencing enhancement?
Under the law, such an act “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct” is considered a “federal crime of terrorism” and can thus be used to enhance a federal sentence.
Wasn’t the whole point of the J*** 6 “i**********n” to affect the certification of the e******n through intimidation and coercion? Why haven’t the charges or sentences reflected this?
The answer is as simple as it is predictable: The reality of J*** 6 is nowhere near Democrats’ rhetoric about it. J*** 6 was a r**t and a national embarrassment, but it was not an i**********n, an attempted c**p, or the worst attack on America since 9/11 or Pearl Harbor.
If it were, the criminal charges would have reflected it.