Can Trump Be Charged with Insurrection Later?

The possibility of former President Donald Trump facing charges of insurrection or sedition remains a topic of intense debate, especially from those on the political left. As mentioned by various legal sources, the likelihood of such charges against Trump is contingent upon several key factors including the current state of legal proceedings and the specific indictments.

Charges Currently Underway

As of now, Trump is facing several legal charges related to his behavior during the January 6, 2021, insurrection at the US Capitol. However, these charges primarily center around conspiracy and obstruction of justice. For instance, Trump and his legal team are currently grappling with charges that:

Conspiracy to Defraud the United States: According to federal prosecutors, Trump and his aides conspired to steal the election result and obstruct the certification process. Obstruction of Justice: The former president is accused of tampering with witnesses to hinder the investigation into the storming of the Capitol.

Despite these existing charges, there is a lingering sentiment among some that the Democrats will continue to pursue additional charges against Trump in the future. However, for insurrection to be a viable option, Trump himself would need to be directly involved in an organized plan to violently overthrow the government.

Defining Insurrection and Sedition

Insurrection is fundamentally a violent uprising against the government, which can include attempts to procure a junta or coup d'état. The key here is not just the use of force but the intent to forcefully seize control of governmental functions. Sedition, on the other hand, involves seditious intent or incitement to violate the good order and loyal obedience due the government.

It's also important to note that the US Constitution and various legal statutes, such as the Sedition Act of 1798 and the Internal Security Act 1950, provide the legal basis for such charges. However, these laws must be applied meticulously to ensure they do not interfere with the fundamental rights of citizens.

The MAGA Insurrectionists

During the January 6, 2021, insurrection, a small group of individuals, primarily aligned with the MAGA movement, were charged with insurrection. These individuals were part of an organized effort to disrupt the certification of the election results. While thousands of Trump supporters marched on the Capitol, only a few hundred were charged with insurrection due to their role in the organized attempt to delay the certification process.

Jacob Charnley, a QAnon enthusiast, was also present but does not appear to have been involved in the insurrection. Instead, he can be seen as a gullible follower who was manipulated by the insurrectionists rather than an active participant. This distinction is crucial in determining who might face specific charges.

Consequences of Insurrection Charges

If Trump were to be charged with insurrection, it would carry severe consequences. Under US law, individuals charged with insurrection can face life imprisonment and are barred from holding any future office. Additionally, insurrection implies a rebellious force or group that waged war by force, a criterion met by the actions of the organized insurrectionists.

For Trump, any charges of this nature would stem from his involvement in a conspiracy to delay the electoral certification process, an action that would be seen as an organized effort to violently overthrow the democratic process.

Conclusion

In conclusion, while the current legal proceedings against Trump do not include insurrection charges, the possibility of such charges has not been entirely ruled out. The key factors will be the evidence available, the intent behind the actions of the insurrectionists, and the willingness of prosecutors to pursue such charges.

The broader implications of these potential charges are significant, as they would not only have legal ramifications but also serve as a strong statement about the importance of upholding the democratic process and the rule of law.