I was going to start a new thread - but it will just be deleted. But, one of the things I was thinking about this morning:
Should the rioters be charged with homicide? Should Trump?
Now, I never did any criminal law, so I am way out of my element here - but I have slept at a Holliday Inn Express in the distant past - but I think a plausible argument can be made that these were all co-conspirators engaged in the commission of a felony - destruction of federal property/building. I don't know the elements of a conspiracy claim - i.e. do they have to be involved in the planning, etc. But, if you prove the conspiracy - then you go after each of them as accessories to homicide.
Certainly many of the rioters would claim they were just interested in trespassing - not destruction. And many would claim there was no premeditated thought to breeching the capital, that they just got swept up in the crowd.
But we have seen video of a number of people talking before the rally about storming the Capitol. And, where the woman was shot, you would have a lot of people who were engaged in destruction with her. I don't know the details of the other 4 deaths, but I could make an argument they were all foreseeable results of storming the Capitol.
I am not sure the charges could be proved in court - and that may be the threshold a prosecutor would take - but it sure feels like some of those people deserve more than a simple trespassing charge - and it would send a powerful message about being involved in these activities in the future.
And, if you can prove the charges against the rioters, then I think you have a pretty strong case against Trump - specifically for his speech, if not for all of the encouragement he provided for the rally in the days before it.
Should the rioters be charged with homicide? Should Trump?
Now, I never did any criminal law, so I am way out of my element here - but I have slept at a Holliday Inn Express in the distant past - but I think a plausible argument can be made that these were all co-conspirators engaged in the commission of a felony - destruction of federal property/building. I don't know the elements of a conspiracy claim - i.e. do they have to be involved in the planning, etc. But, if you prove the conspiracy - then you go after each of them as accessories to homicide.
Certainly many of the rioters would claim they were just interested in trespassing - not destruction. And many would claim there was no premeditated thought to breeching the capital, that they just got swept up in the crowd.
But we have seen video of a number of people talking before the rally about storming the Capitol. And, where the woman was shot, you would have a lot of people who were engaged in destruction with her. I don't know the details of the other 4 deaths, but I could make an argument they were all foreseeable results of storming the Capitol.
I am not sure the charges could be proved in court - and that may be the threshold a prosecutor would take - but it sure feels like some of those people deserve more than a simple trespassing charge - and it would send a powerful message about being involved in these activities in the future.
And, if you can prove the charges against the rioters, then I think you have a pretty strong case against Trump - specifically for his speech, if not for all of the encouragement he provided for the rally in the days before it.