5 key questions the Jan. 6 committee will tackle in its hearings

PO1 William "Chip" Nagel
..."Who cooperated with the committee — and who didn't?
Select committee aides emphasize the "vast majority" of witnesses have cooperated and helped the committee amass "a mountain of new evidence."

But some senior former officials in the Trump administration and House of Representatives refused to appear or provide documents. Former adviser Steve Bannon refused to cooperate and was ultimately charged with contempt of Congress by the Justice Department last November. His trial is slated for this summer. Last week Peter Navarro, former trade adviser, faced a similar charge.

Former White House Chief of Staff Mark Meadows initially cooperated and turned over a trove of emails and text messages, but then reversed course and refused to a closed-door interview and to turn over remaining materials the panel requested. Meadows sued the panel, and his attorney raised concerns about executive privilege, even though the Biden White House has waived any claims to that protection.

Former senior aide Dan Scavino also defied a subpoena. The House referred the refusals from both him and Meadows to the Justice Department, which informed the committee last week they would not pursue contempt charges against them — news the panel criticized, arguing they had central information to provide in the investigation.

In a rare move, five sitting House Republicans were also subpoenaed for testimony and documents. Most notably, House Minority Leader Kevin McCarthy, R-Calif., who publicly talked about his phone conversation with Trump on the day of the attack, was asked to appear voluntarily and then given a subpoena. McCarthy — along with Rep. Jim Jordan, R-Ohio, Rep. Scott Perry, R-Pa., Rep. Mo Brooks, R-Ala., and Rep. Andy Biggs, R-Ariz. — have all pushed back against the subpoenas and demanding details about evidence and questions they would face, making it all but certain they will not participate in any fashion. It's unclear whether the panel would vote to hold any in criminal contempt, and if it did that dispute could end up in court."

PO1 William "Chip" Nagel good morning, thank you for the solid read/share of the most informational good buddy.

Federal Criminal Law: January 6, 2021, Unrest at the Capitol

SOURCE :

https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim


18 U.S.C. 2385 - Advocating overthrow of Government

SOURCE :

https://www.govinfo.gov/app/details/USCODE-2011-title18/USCODE-2011-title18-partI-chap115-sec2385


Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)



https://crsreports.congress.gov/product/pdf/LSB/LSB10564


Treason, Sedition, And Subversive Activities

* 2383 – Rebellion or insurrection. Inciting or assisting a rebellion against the United States, or giving comfort to those who insight an insurrection, can be imprisoned for up to 10 years under this statute.

* § 2384 – Seditious conspiracy. If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.

* § 2385 – Advocating overthrow of Government. Knowingly and willfully advocating the overthrow of the U.S. government or the government of any states or territories can result in a fine and up to 20 years of imprisonment. Organizing groups to overthrow the government or circulating materials aimed at overthrowing the government can also result in charges under this statute, as can conspiring to commit any of the offenses listed in 18 U.S. Code section 2385.

SOURCE :

https://www.lvcriminaldefense.com/usc/treason-sedition-and-subversive-activities/