So what was the January 6 demonstration?
• A terrorist attack? No. No guns, no explosives, no crashing vehicles, just an unruly mob.
• An insurrection? No. No guns, violent incursion lasted 3-4 hours, the worst perhaps only 30 minutes according to eyewitness. First unarmed insurrection in history.
• Trespassing? No. Some Capitol Police ushered crowd in, took selfies. Impossible to charge trespassing if agents of owner let people in.
• A riot? Yes, logically, but not legally. No evidence police declared “unlawful assembly,” as required to charge for rioting.
• Destruction of property? Definitely. But a misdemeanor, hardly deserving of almost a year in jail, often in solitary confinement, while awaiting the “speedy trial” guaranteed by the Sixth Amendment. You recall the Bill of Rights? Yes, that Bill of Rights, the one I was taught in high school civics, but the one federal judges seem ignorant of. Odd how that works.
• “A dagger to the throat of America and democracy,” as President Biden just said? If so, it’s a very dull, very rusty dagger that couldn’t open an Amazon box. No, the real dagger to the throat of democracy is being held by those who demonize political opponents, calling them terrorists and insurrectionists. The real dagger is being held by social media moguls, who ban any dissenting voices. These daggers are really sharp and will draw blood if we are not careful.