Lawfare Archive: Seamus Hughes and Alan Rozenshtein on the January 6 Charges
Jul 4, 2024
auto_awesome
Seamus Hughes and Alan Rozenshtein discuss the January 6 charges, including a database tracking cases, pattern of charges, potential presidential involvement, and seditious conspiracy charges. They analyze challenges in prosecuting cases, lack of high-level coordination, and debates on establishing a commission for further inquiry.
Presidential immunity upheld for official acts in Supreme Court ruling post insurrection.
Database reveals majority of charged individuals from 'inspired believers' category, focusing on organizational clusters.
Charges post January 6 vary in severity, with potential but cautious approach towards seditious conspiracy charges.
Deep dives
Court Ruling on Presidential Immunity
In a recent Supreme Court ruling, a decision was made in the case of Trump v. United States regarding presidential immunity for official acts. The court ruled in a six to three decision that presidents are immune from criminal prosecution for official acts.
Charges Related to January 6 Insurrection
A database tracking criminal cases linked to the January 6 insurrection revealed interesting patterns. Of the 324 publicly charged individuals, most fall into the 'inspired believers' category. This includes QAnon followers and individuals who likely did not pre-plan the attack. Emphasis was placed on understanding organizational clusters like the Proud Boys and Oath Keepers for operational concerns.
Pattern of Charges and Conspiracy Offenses
The charges brought forth after January 6 vary in seriousness. While trespassing was a common charge, more serious offenses like assaulting officers or conspiracy were also identified. The complexity of conspiracy charges hinges on proving an agreement to commit an offense beyond just the underlying act.
Seditious Conspiracy Charges
Despite no current seditious conspiracy charges, there is a potential for their application. The challenges lie in the statute's serious and broad nature, requiring careful legal maneuvering. Past cases and concerns over the statute's application to various offenses influence the cautious approach in bringing seditious conspiracy charges.
Resource Allocation and Investigative Challenges
Resource allocation plays a significant role in the investigation of January 6 cases. Delays in public access to legal documents and challenges with analyzing vast amounts of evidence create investigative bottlenecks. Judicial workload, investigatory thoroughness, and strategic focus on organized groups contribute to the complexity of addressing the insurrection cases.
From March 22, 2021: Benjamin Wittes sat down on Lawfare Live with Seamus Hughes, the deputy director of the Program on Extremism at George Washington University, and Alan Rozenshtein, a Lawfare senior editor and professor at the University of Minnesota Law School, to talk about the group of cases that have been filed in connection with the January 6 riot and insurrection. They talked about the database that Hughes is building and maintaining of cases, defendants and charges filed in connection with January 6; the pattern of charges; what the picture looks like so far; if it is likely to get closer to the president and his inner circle and if it will result in a series of seditious conspiracy charges.