From Riot to Insurrection to Terrorism: January 6th Continues to be a Tragedy in the Eye of the Beholder

For years, I have maintained that January 6th was a disgraceful riot but not an insurrection. That issue came to a head with the litigation over disqualifying former president Donald Trump and similar calls to block dozens of Republican incumbents from ballots. Now, the protest that became a riot has been elevated from an insurrection to a terrorist attack.  Rep. Alexandria Ocasio-Cortez (D-NY) and other democrats are using the description despite no one being charged with insurrection or terrorism.

On Sunday, Ocasio-Cortez declared to CNN host Jake Tapper that “We’re talking about an individual who ordered essentially a terrorist attack on the Capital of the United States in order to retain power.”

In fairness to Ocasio-Cortez, she is not alone in such characterizations. For example, many of us were surprised when FBI Director Christopher Wray condemned the January riot at the U.S. Capitol as “domestic terrorism.” From a strictly legal basis, it was wildly inaccurate, in my view.

Liberal publications like Politico have railed against the Justice Department for not charging terrorism. That has been supported by some law professors.

Those charged for their role in the attack that day are largely facing trespass and other less serious charges — rather than insurrection or sedition. While the FBI launched a massive national investigation, it did not find evidence of an insurrection. While a few were charged with seditious conspiracy, no one was charged with insurrection. Trump has never been charged with either incitement or insurrection.

The media has fueled these claims. One year after the riot, CBS News mostly downplayed and ignored the result of its own poll showing that 76 percent viewed it for what it was, as a “protest gone too far.”

They argue that this riot could simply be treated as “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” However, so could other protests that result in property damage and criminal acts.  We have seen other legislative proceedings shutdown by protesters with members removed from the floor. The question is where to draw the line to avoid the arbitrary classification of some protests as terrorism and others as unlawful access or trespass.

Nancy Pelosi called protesters at her home Russian plants. Politicians called a protest on the Tennessee House floor “an insurrection.” Such rhetoric excess easily inflames the public, but it creates lasting erroneous views of the law. That in turn can pose a real threat to free speech as the line between demonstrations and terrorism are blurred.

Ocasio-Cortez’s view of what constitutes the crime of terrorism is dubious for many, particularly after she declared that racketeering is not a crime. However, there is pressure to ramp up rhetoric as we approach the 2024 elections. To start to call opponents or critics terrorists has long been a problem on both ends of the political spectrum.

234 thoughts on “From Riot to Insurrection to Terrorism: January 6th Continues to be a Tragedy in the Eye of the Beholder”

    1. In what way do you believe that rioters were going to seize control of the entire US government?

      It takes more than blue face paint and selfies to overthrow a government.

      This was a protest of election interference, that devolved into a riot when they were prevented from entering the Senate Floor. Democrats do this frequently, on the state and federal level. Perhaps you didn’t recognize what was happening, since they were not wearing red cloaks.

      When Democrats occupied the Wisconsin state capital, were they trying to overthrow the state government?

    2. Another cowardly Anonymous Soviet Democrat liar tried this one:
      It was an insurrection attempt.

      The FBI said it wasn’t – but Soviet Democrat liars on Commissar Pelosi’s Soviet J6 Politburo said it was (while frantically hiding exculpatory evidence and destroying what they couldn’t hide).

      But let’s forget that all the members of Commisar Pelosi’s Soviet J6 Politburo are now facing being referred for prosecution. Let’s ask a question instead.

      Was the attempted assault on the White House in an attempt to gain access and slaughter the president and his family ALSO an insurrection attempt? How about The Year Of Mostly Peaceful Rioting, Pillaging, Murder, Looting And Mayhem? Where federal buildings were assaulted, attempts made to burn them to the ground with federal officers in them, others occupied by force of arms.

      Any of that insurrection as well? Or only January 6th – Democrat Different Rules in effect?

  1. Dearly Beloved Ocasio and Gigio,

    As soon as you attend to the massive increase in violent crime in regions where leftist communists have seized control, you won’t get anywhere with the insurrection.

    “Having 400 fewer officers in Seattle, that’s part of it.”

    Over the last decade, violent crime surged by 26% in Washington, with aggravated assault climbing by 37%, homicides spiking by 58%, robberies inching up by 3% and rape surging by 20%.

    Of grave concern is the surge in homicides between 2019 and 2022, escalating by a staggering 89%. This surge in homicides was mirrored across various jurisdiction sizes, with Benton County reporting the highest homicide rate of 19.2 per 100,000 residents.

    1. Why the increase of homicides. Any idea? I see that Benton County is run by Republicans & mostly white?

Leave a Reply