The federal judge assigned to the election fraud case against former President Donald Trump stands out as one of the toughest punishers of rioters who stormed the U.S. Capitol
So, if Donnie is convicted of instigating the Jan-6 insurrection, could they they hit him with Felony Murder charges? People died as a direct result of the insurrection and D.C. has a Felony Murder rule.
He could face murder-like charges if he’s held responsible for the “hang mike spence” thing, or the "tie-wraps attempt to kidbap thing, or the “death of Ashli while participating in his insurrection” thing. All of those happenned on January 6th for which he is responsible, and could be part of the conspiracy against rights charge.
If two or more persons conspire to injure, oppress, threaten, or intimidate any person […] in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;…
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
I think the chain of causation would be a step too far removed. He isn’t indicted for instigating the riots, but for the conspiracy around rigging the electoral count. The riots are implicated as one tool to pressure Pence. Sicknick’s death would also be another step removed in that it is not as clear that it was a direct result of the riots (or at least it could be argued). Babbitt maybe but I don’t know how DC handles death of confederates which is another wrinkle in the felony murder rule.
Source: got a B in criminal law
Absolutely not, nor should they. People who commit homicide are charged with homicide. People who instigate riots and conspiracy are charged with instigating riots and conspiracy.
Unfortunately, it wouldn’t be a great legal strategy. You could end up losing in the court of public opinion, and giving the cheetoh more ammunition to play the victim. A watertight, calibrated and swift prosecution that gets him the maximum amount of time in prison with the least likelihood of getting his case overturned is probably the best strategy (disclaimer: IANAL)
