utbcw wrote:
Suppose you run over someone with a car. You might have done it deliberately, which means you could have been found guilty of murder. But if you are only charged with vehicular homicide, there will not be a legal finding in a court of law that a murder occurred.
But as a factual matter, it still did occur and you still did it.
Same thing with those people in the crowd (not all of the crowd) who tried to stop the congress from certifying Biden as president. Not insurrectionists as a legal matter, but still Insurrectionists as a matter of fact.
One big difference with your scenario and Jan. 6. If you intentionally ran over a person and he or she died, that IS murder. Whether you are charged with murder or not is a different matter. But those participating in the Jan. 6 protests, how can you unequivocally say they participated in an insurrection? Much more gray area. What if someone nearby saw all the commotion and just went along to see what was happening? You have to be convicted of insurrection in a court of law and none of those in the protests of Jan. 6 will ever be convicted of insurrection.