The violence and mayhem at the U.S. Capitol this week were many things—an incursion, a riot, a spectacle and, many would say, a national embarrassment. But were they crimes? And if so, who committed them and how should they be prosecuted?
These questions aren’t as simple as they might appear. All the facts around the events of the past several days haven’t yet come to light, but already authorities are beginning to file charges against some of the participants. Some crimes, such as unlawful entry or assault, might be easier to investigate and prosecute, but others, like incitement and conspiracy, are incredibly complex, in no small part because one of the potential targets of prosecution is a president of the United States. What’s more, events that take place at the seat of government can wrap in constitutional questions. How should we balance the First Amendment right of citizens to protest against laws prohibiting interference in the activities of government?
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