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Taking sedition seriously

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There were realistic concerns that the law would go relatively easy on Donald’s Army for their invasion of the Capitol. But this is at least an encouraging sign:

Bruno Cua, an 18-year-old from Milton, Georgia, was already facing serious charges when he was arrested on Feb. 6 in connection with the insurrection at the US Capitol a month earlier. He was accused not only of illegally entering the Capitol but also of assaulting police and of obstructing Congress’s efforts to certify the presidential election, which are felony crimes.

But it only got worse for Cua when a federal grand jury in Washington, DC, returned an indictment four days later. On top of the original set of charges, the grand jury bumped up misdemeanor counts he’d faced for entering the Capitol to felonies, citing evidence that he’d carried a “deadly and dangerous weapon” — in his case, a baton. The addition of a “weapons enhancement” meant the maximum sentence he faced for those counts jumped tenfold, from one year in prison to 10.

Cua is one of a growing number of defendants charged in the insurrection seeing their felony counts — and potential prison time — stack up as the investigation presses on. Other defendants only charged with misdemeanors when they were arrested are now facing felonies post-indictment. Acting US Attorney Michael Sherwin in Washington had told reporters one week after the assault on the Capitol that the early rounds of arrests on misdemeanor charges were “only the beginning,” and promised more “significant charges” once prosecutors took these cases before a grand jury. New court documents in cases such as Cua’s show how that’s taking shape.

Of the more than 230 people charged to date, at least 70 are now facing a minimum of one felony count — the most common is obstruction of Congress, which has a maximum penalty of 20 years in prison. More than 30 are charged with assaulting or interfering with law enforcement officers, and at least 14 are charged with carrying or using a weapon that day. Weapons identified in the government’s court filings so far have included knives, Tasers, a hockey stick, a large metal pipe, baseball bats, fire extinguishers, and batons.

Relatedly, this is an important point:

Bad as things got, they would have been far worse had more seditionists not feared arrest if they brought guns.

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