Quote:
Originally Posted by lustylad
Trump has been charged (by Special Counsel Jack Smith) with conspiracy to defraud the US and obstruct an official proceeding. He hasn't been convicted of anything. He hasn't even been charged with "insurrection" - an entirely different crime. Where do you come up with the argument they're the same? Please show me a link from a respected legal source instead of just tossing out your "theory".
|
What Is Insurrection and Rebellion?
The term "insurrection" is generally described as a violent uprising or organized resistance against the government or its regulations.
18 U.S. Code § 2383 - Rebellion or Insurrection
Rebellion and insurrection charges can be filed if you destroy property to overthrow the government.
It usually involves acts intended to overthrow, disrupt, or challenge the authority of the United States or impede federal law enforcement.
The term "rebellion" is generally described as an organized, armed, violent resistance or opposition to established government authority or its laws.
Rebellion is often a broader and more coordinated effort than insurrection, which is focused on overthrowing the existing governmental structure.
To convict you of violating U.S.C. 2383, federal prosecutors must prove, beyond a reasonable doubt, all the elements of the crime, including that you did all of the following:
Knowingly incited, engaged. or gave aid and comfort to a rebellion or insurrection;
The rebellion was against the authority of the United States or its laws;
The illegal actions were willful and intentional.
What Are the Related Federal Laws?
18 U.S. Code Chapter 115 Treason, Sedition, and Subversive Activities have several federal statutes that are related to 18 U.S.C. 2383 rebellion or insurrection, such as the following:
18 U.S.C. 2381 - Treason;
18 U.S.C. 2382 - Misprision of treason;
18 U.S.C. 2384 - Seditious conspiracy;
18 U.S.C. 2385 - Advocating the overthrow of Government;
18 U.S.C. 2386 - Registration of certain organizations;
18 U.S.C. 2387 - Activities affecting armed forces generally;
18 U.S.C. 2388 - Activities affecting armed forces during war;
18 U.S.C. 2389 - Recruiting for service against the United States;
18 U.S.C. 2390 - Enlistment to serve against the United States;
40 U.S.C. 5104 - Unlawful activities.
Notably, 18 U.S. Code 2384 Seditious Conspiracy law says, “If two or more persons in any jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government, 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, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall….”
Related crimes are often more specific to the actions that were observed , vs the overarching crime of rebellion, or insurrection. Hope that clears it up.
