Insurrection, Sedition Or Treason?

 Was it an insurrection, sedition or treason?

I am neither an attorney nor a constitutional scholar, but the violence incited yesterday by the outgoing president of the United States was one, two or all of the above. He has tried for the past two months to overturn the results of the 2020 presidential election. He called the election a fraud. He attacked election officials who refused to bow to his demands to throw out millions of legal ballots. He tried to strong-arm, and he threatened, Georgia's secretary of state for refusing to miraculously "find" nearly 12,000 ballots that would give him a win in that state. His attorneys filed more than 60 lawsuits that were thrown out by judges at all levels, including the US Supreme Court. He incited violence that resulted in the first attack on the US Capitol since the British attacked it in 1814. And after he incited violence, he did nothing to stop it despite pleas even from members of his own party.

Whatever these unprecedented actions are deemed to be, there must be consequences both for this president and for the members of Congress who supported them. And those who attacked the Capitol, ransacked offices and stole the mail of, at least, the Speaker of the House, also must be held accountable.

This is not the time to talk about forgiveness and reconciliation. I admire Joe Biden's desire to bring the country together, to try and heal the deep wounds the outgoing president has created during the past 4 years. But we also must let the American terrorists and their supporters know that actions have consequences. Attacking the seat of the American legislative branch of government must not go unpunished. If there are no consequences, we will see more of this homegrown terrorism in the days, months and years ahead.

Dissent is fine. Peaceful protests are protected by the US Constitution. Riots and acts of terrorism are not fine. If the rioters had been Black or Muslim, the grounds of the Capitol would be littered with bodies. Overwhelming police and military force would have been brought against the rioters. We saw this as fact numerous times last year. But because the protesters were white, only a limited number of law enforcement officers was present at the start of the riot. Eventually -- hours later -- the National Guard and state police were brought in to remove the rioters. This was after the rioters had occupied both the House and Senate chambers. This was after they had ransacked Congressional office. This was after legislators had been hustled to secure locations by police and Secret Service officers.

What happened yesterday was not protected by the First Amendment's guarantee of free speech and assembly. What happened yesterday was nothing less than an attack on American democracy, incited and encouraged by the president of the United States. That cannot and must not go without consequences.