Friday, February 12, 2021

The Definition of Insurrection

Gerard N. Magliocca

Bruce Castor, one of the ex-President's attorneys, argued today that what occurred on January 6th was not an insurrection. He said that insurrection is a legal term of art that is well understood and does not cover what occurred at the Capitol.

Frankly, I don't know what he's talking about. There are authorities here and there that you can say shed some light on what insurrection means, but there is no legal definition of that word that somehow excludes the events that are the subject of the impeachment. Plus, I'm pretty sure that the Framers of the Fourteenth Amendment did not think, as Castor said, that "taking over the TV stations" was part of an insurrection. 

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