Difference between revisions of "2020 Capitol Mob"
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4. Breaking windows.<br> | 4. Breaking windows.<br> | ||
5. Picking up government property such as podiums or police shields with possible intent to steal them (this probably requires actually taking them home, not just moving them). The man who took a letter from Nancy Pelosi's office did this, though unless it was an important letter this is de minimis. (De minimis lex non curat.) | 5. Picking up government property such as podiums or police shields with possible intent to steal them (this probably requires actually taking them home, not just moving them). The man who took a letter from Nancy Pelosi's office did this, though unless it was an important letter this is de minimis. (De minimis lex non curat.) | ||
+ | 6. Entering a "restricted area" or simple trespassing. Trespassing is the easier one. | ||
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+ | Proof may be difficult, because |
Revision as of 08:14, 9 January 2021
Here’s How the Capitol Mob Violated Federal Criminal Law By Bryce Klehm, Alan Z. Rozenshtein, Jacob Schulz Thursday, January 7, 2021, https://www.lawfareblog.com/heres-how-capitol-mob-violated-federal-criminal-law. This is a useful article, though its title is completely misleading. It lists statutes that might apply, but it has close to zero on how the mob violated federal criminal law, because it doesn't link what they did to the statutes. For example, any of them who were carrying guns in the Capitol violated a federal statute (and, I bet, local DC criminal statutes), but were any of them carrying guns? Maybe, but I haven't seen even any rumors of that.
Let's think of what people in the mob did that are common-sense illegal, because there are no doubt statutes that apply, though perhaps only DC local criminal statutes:
1. Disobeying police orders to stop pushing barricades.
2. Pushing away barricades.
3. Knocking down or punching policemen.
4. Breaking windows.
5. Picking up government property such as podiums or police shields with possible intent to steal them (this probably requires actually taking them home, not just moving them). The man who took a letter from Nancy Pelosi's office did this, though unless it was an important letter this is de minimis. (De minimis lex non curat.)
6. Entering a "restricted area" or simple trespassing. Trespassing is the easier one.
Proof may be difficult, because