It could have been charged but for whatever reason, many were charged for seditious conspiracy, which is a similar charge.
Other Possible Charges from Capital Incident
The term “
insurrection” refers to acts of violence, but it's not the only federal charge that could be filed in connection to the Capitol incident in 2021. Seditious
conspiracy means any effort to overthrow the United States government.
You could be charged with sedition and conspiracy even if you never did the planned violence. There are other possible charges related to the storming of the Capitol, such as the following:
- Disorderly conduct;
- Violent entry;
- Trespassing;
- Obstructing a law enforcement officer;
- Unlawful entry of restricted buildings;
- Theft of public money, property, or records
Rebellion or insurrection is a federal law that prohibits inciting, engaging in, or giving aid and comfort to any rebellion against the authority of the United States. As noted, while acts of rebellion and insurrection are uncommon, other crimes related to the riots are more frequently charged.
On January 7, 2021,
Michael R. Sherwin, the interim U.S. Attorney for the District of Columbia, said
rioters could be charged with seditious conspiracy or insurrection. He further suggested that Trump could be investigated for comments he made to his supporters before they stormed the Capitol and that others who "assisted or facilitated or played some ancillary role" in the events could also be investigated.
[16] Former acting FBI director
Andrew McCabe and inspector general
David C. Williams stated Trump could face criminal charges for inciting the riot.
[17]