So looking down the list of people who stormed the Capitol I am seeing charges for the following:
Why aren't they charging these people under Title 18, US Code 2383 - Rebellion or Insurrection? I don't understand.
WHY AM I NOT SEEING THIS CHARGE?
Also, what about murder? Eight people died while these assholes committed a felony.
Why are we glad handling these assholes?
I think it may depend on the points the prosecution has to prove to the jury to gain a conviction.
In particular, what does it have to prove about the defendant's state of mind at the time of the offence to turn simple unauthorised presence in the Capitol building into the more serious offence of rebellion or insurrection?
I ask because I don't know, but it seems to me that there must somewhere be a distinction in law between the criminality of the people whose main purpose was simply to attend a "Stop the Steal" rally, but were fired up by the speeches, including Trump's, followed the mob to the capitol, got caught up in the heat of the moment, entered the building and then, somewhat overawed by what they'd done, just milled around taking selfies, and, on the other hand, those who seem to have attended the rally prepared to execute some pre-agreed plan and who have been filmed moving around inside the building purposefully, in groups, even if they did nothing more.
I'm wondering if the latter group, the ones who moved around as groups, may not be rather more at risk of prosecution for rebellion than some of the other members of the mob.
It's still very early days yet, and they must still be collecting and analysing evidence, as they also investigate the events and communications that led up to the rioting and invasion.
To my mind, it looks as if they're charging many people with the very minimum they can at the moment prove, while keeping open the option of charging some of them with more serious offences when the investigation is further advanced and they have a clearer picture of what led up the events of January 6 and exactly who was responsible for what.
It may also be that the investigators reason that many of the people they've charged have no particular experience of being under criminal investigation and, now that the reality of their situation begins to sink in, they may become more amenable to cooperating with the investigation in the hope of avoiding more serious charges later on.