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Culture War Roundup for the week of October 7, 2024

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For example. Yes. Riots in DC. Not the same as literally occupying the seat of government. These two riots are not the same.

Of course not. One riot was politically favored for prosecution and led to among the largest prosecutions in American history, and the other riot was disfavored and was not, as well as many following riots of similar partisan vein. This difference in interest of prosecution of prosecutable riots being the critical difference in prosecution is the basis of the critique, not an argument that one is not a prosecutable offense.

January 6 is not prosecutable on grounds of 'literally occupying the seat of government.' It is prosecutable on grounds of intent to disrupt the government processes, the publicized prior intent to take actions, the recorded evidence of illegal actions taken, and the jurisdiction of where it occurred. There is no distinction in the lawfulness of the acts between whether the disruption occurs inside the Congressional building itself versus other government buildings, or other places in the capital. January 6 wasn't the first time in even the preceding year that violent, disruptive, and/or intimidating protests had forced a relocation of senior government officials in the capital.

The prosecutable equivalence between events of political violence that is intended to disrupt is that they are political violence intended to disrupt. 'But their political violence was categorically different!' is special pleading, particularly when the difference is not the degree of severity of prosecution, but whether to prosecute at all.