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[–]Hematomato 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

Defining insurrection hasn't been a problem so far, courts have convicted all those charged and found guilty in the J6th insurrection.

But those two parts of the sentence have nothing to do with each other.

For example, for his role in the events of January 6, Enrique Tarrio, the leader of the Proud Boys, was convicted of Seditious Conspiracy, Obstruction of Congress, Obstruction of Law Enforcement, and Conspiracy, whereupon he was sentenced to 22 years in prison.

Meanwhile, Richard Barnett, who took a stun gun into Nancy Pelosi's office and then took a selfie in her chair, was convicted of Civil Disorder, Disorderly Conduct in a Capitol Building, and Theft of Government Property, and was sentenced to four and a half years in prison.

You'll notice the missing word in both of the paragraphs above: "insurrection." No one has been convicted of "insurrection" because insurrection is not the name of a Federal crime.

So what exactly is "insurrection"? Well, it's definitely "fighting for the Confederacy" - we know the Framers of the Amendment meant that. But we don't know what else they meant. So this is one the SCOTUS really is probably going to have to weigh in on.