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New Fani Willis Witnesses, and the Power of Drudge, with Dave Aronberg, Mike Davis, Chris Moody, and Jamie Weinstein | Ep. 738
The Megyn Kelly Show
Legal Analysis of the Insurrection Statute and Congressional Inaction
The existing penal law against insurrection is currently the only statute that could be used, but former President Trump has not been charged under it. The likelihood of Congress changing the law before November is deemed to be less than zero, as Congress tends to be inactive. A recent court decision stripped federal courts of the power to disqualify a federal candidate for office due to insurrection, emphasizing the need for Congress to create a mechanism for such disqualification. There is a suggestion that there could be a civil component to address insurrection, in addition to the criminal aspect. While Congress or federal prosecutors could eliminate individuals involved in insurrection under the existing federal criminal statute, evidence of insurrection or rebellion would be required for charges to be brought by the Biden Justice Department.
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