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Old 01-13-2021, 01:45 PM
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Post Jayapal: 'There's no trust' among House members in riot's aftermath

Jayapal: 'There's no trust' among House members in riot's aftermath
By: Benjamin Din - Politico News - 01-13-21
Re: https://www.politico.com/live-news-u...se-vote-210113

Rep. Pramila Jayapal warned Wednesday that trust among members is eroding in the House of Representatives amid concerns that last week's riot inside the U.S. Capitol may have been aided by lawmakers.

“There’s no trust within the chamber, within our colleagues, even as we get security briefings. There’s no trust that we don’t have people within our own membership of Congress” passing this information on to help those who staged the attack," Jayapal (D-Wash.) said on "The View."

Since the attack, a number of Democratic lawmakers have raised concerns with how quickly rioters were able to find their targets in the large Capitol complex. Any members of Congress involved should be removed for helping to plan the insurrection, Jayapal said, adding that it was “one of the most troubling things” that lawmakers may have been involved.

On a Friday caucus call, Rep. Steven Horsford (D-Nev.) said he believed the riots were “an inside job,” according to two lawmakers on the call.

Rep. Mike Sherrill (D-N.J.) said Tuesday that she witnessed colleagues gave “reconnaissance” tours through the Capitol the day before the riots. She did not provide further evidence, but told POLITICO Wednesday that she had referred the matter to the authorities.

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Seem's TRUST has vanished in Congress. Many can't believe other's in Congress knew this was going to occur and some even indicated they were given floor plan's to find specific offices.

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Definition of a conspiracy: CONSPIRACY WOULD BE REDEFINED AS THE ACTOR'S ASSENT TO THE CRIMINAL PURPOSE PLUS SOME ACT PURSUANT TO THE CONSPIRACY THAT ESTABLISHES THAT A CONSPIRACY IS UNDERWAY. SOLICITATION WOULD REQUIRE CIRCUMSTANCES THAT STRONGLY CORROBORATE THE ACTOR'S INTENT TO PERSUADE ANOTHER PERSON TO COMMIT A CRIME.

Is it illegal to ask someone to commit a crime?

Simply asking a person to commit a crime is enough. ... In fact, should the solicited individual, such as the schoolmate, actually complete the crime, the defendant may be liable not only for solicitation, but also for aiding and abetting the crime as an accessory before the fact.

Is inciting panic a crime?

Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree. If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law.

A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. A person may be convicted of conspiracy even if the actual crime was never committed.

Penalties:

Under the federal conspiracy statute, the offense is punishable by up to five years imprisonment, plus fines. A significantly lower penalty applies if the object of the conspiracy was merely a misdemeanor (e.g., you conspire to commit vandalism); in that case, the sentence for conspiracy can't exceed the maximum penalty for the misdemeanor. Under state law, the punishments for conspiracy vary.

Prosecutors commonly charge conspiracy whenever two or more offenders act in tandem. A person can be convicted both of an underlying crime and of conspiracy to commit it, and receive separate punishments for each offense.

The Element of "Intent"

As with other specific intent crimes, a person's intention is key. But the court will also care about the mental states of the alleged partners in crime. Other individuals in the conspiracy must intend to agree, and all must intend to achieve the outcome.

Merely associating with people known to be involved in crime doesn't make you a co-conspirator. For instance, just because your friend tells you he is going to burglarize a house doesn't mean you are part of the conspiracy. Not unless you also agree to participate by acting as a getaway driver or helping him scope out the property ahead of time.

Penalties

Under the federal conspiracy statute, the offense is punishable by up to five years imprisonment, plus fines. A significantly lower penalty applies if the object of the conspiracy was merely a misdemeanor (e.g., you conspire to commit vandalism); in that case, the sentence for conspiracy can't exceed the maximum penalty for the misdemeanor. Under state law, the punishments for conspiracy vary.

Prosecutors commonly charge conspiracy whenever two or more offenders act in tandem. A person can be convicted both of an underlying crime and of conspiracy to commit it, and receive separate punishments for each offense.

Some say conspiracy laws can prevent acts of terrorism by allowing arrests beforehand
Although this might be the intent of the laws, the statutes can be and sometimes are misapplied and used against government opponents precisely because of the ambiguities regarding what is considered an agreement and whether it constitutes harm, even when the scheme is not practical and cannot be realistically accomplished.

In contrast, others point to such laws as important tools, for example, in the “war on terrorism,” by allowing authorities to charge individuals with conspiracy before the act of terror has occurred.

Riot Law

Definition. A concerted action: (1) made in furtherance of an express common purpose; (2) through the use or threat of violence, disorder, or terror to the public; and (3) resulting in a disturbance of the peace. Under common law, the crime of riot requires the assemblage of three or more actors.

Here's one I missed while I was serving in active duty:

1967 Detroit Riots

The 1967 Detroit Riots were among the most violent and destructive riots in U.S. history. By the time the bloodshed, burning and looting ended after five days, 43 people were dead, 342 injured, nearly 1,400 buildings had been burned and some 7,000 National Guard and U.S. Army troops had been called into service.

18 U.S. Code § 2102.Definitions

(a) As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

(b) As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 76.)

An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.

Accessory Before-After the Fact

At the MA law firm of Altman & Altman, LLP, we understand the difficulties faced by those charged with accessory before-after the fact. For over 40 years, Altman & Altman, LLP has provided outstanding legal represented to those accused with crimes in courts throughout the Commonwealth of Massachusetts. Throughout the entire process, our lawyers will fully explain your rights and will explore any and all legal avenue available.

An accessory, or a person who aids in the commission of a crime, can be charged in Massachusetts as an accessory before the fact or an accessory after the fact. An accessory before the fact is defined as someone who “counsels, hires or otherwise procures a felony to be committed.” An accessory after the fact is defines as someone who, after the commission of the felony, “harbors, conceals, maintains, or assists the principal felon.” As the names of the crimes suggest, one is charged for helping before the crime and another is for helping the principal after the crime has already been committed. When prosecuting or defending accessory offenses, there are a number of factors that must be taken into consideration from where the crime took place to what the principal felony committed was.

While common law dictates that no accessory can be charged without the principal (the person that committed the crime for which the defendant was the accessory) being charged, the accessory can’t be charged, this approach has evolved in recent years. The Massachusetts legislature specifically rejected this approach, writing into the code that even if the principal is not charged, the accessory can still be charged and convicted. In looking into the principal and the felony committed, its important to look into the jurisdiction responsible for charging the principal. Accessory defendants should be charged in the county where the principal defendant committed the crime, not where the help provided by the accessory actually occurred.

Throughout the course of trial, it’s important to prove a number of elements in order to convict the defendant for being an accessory. First, the prosecutor must show that there was a felony committed. The crime of accessory before or after the fact is predicated on the idea that a felony offense was committed, making it necessary to prove this in trial. Second, the prosecutor must show that the defendant had the specific intent to help in the commission or the concealing of the crime. As the law recognizes, its possible for an innocent defendant to inadvertently help a guilty party commit a crime, without knowing the consequences of his actions. Finally, the prosecutor must show that the act committed by the defendant either helped with the commission of the crime or aided in the concealment of the crime. Built into the statute, however, is an exception for those that are an accessory after the fact. If a defendant can show that he is a direct family member to the principal, then defendant cannot be convicted. Direct family member includes husband or wife, parent or grandparent, child or grandchild, or a brother or sister of the defendant.

While both of these crimes are incredibly similar, their punishments are very different. For an accessory before the fact, the defendant is subject to the punishment provided for in the principal crime. This means that the punishment provided varies greatly depending on the crime that the defendant counseled the principal to commit. For an accessory after the fact, the defendant is subject to imprisonment for up to seven years in addition to a fine of $1,000.
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Boats

O Almighty Lord God, who neither slumberest nor sleepest; Protect and assist, we beseech thee, all those who at home or abroad, by land, by sea, or in the air, are serving this country, that they, being armed with thy defence, may be preserved evermore in all perils; and being filled with wisdom and girded with strength, may do their duty to thy honour and glory; through Jesus Christ our Lord. Amen.

"IN GOD WE TRUST"
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