JANUARY 6TH CAPITOL MELEE: WAS IT REALLY AN INSURRECTION?

ICHEOKU says if according to the definition of an insurrection, the citizens of a country or society rise up against their government, why then is President Donald John Trump being accused of inciting an insurrection since his government was the only government in place in America on January 6th 2021. This begs the question can a president rise up against himself or his own government and if yes, who did he want to overthrow by doing so and from who did he want to take over control of the country? A government is one entity despite having three branches and only a simultaneous attack on the three entities would qualify as an attack on the government but not just on one branch of it. The judiciary and the executive were left unscathed and could still have carried on with their respective governmental functions had the attack on the legislative branch, Congress, been successful. 

This defeats the tagging of the melee on the Capitol of January 6th as an insurrection because it was not standing alone by itself. Even if it had been successful, it could not have been able to overthrow the United States government headed by President Donald John Trump. At best it was an exuberant unruliness that went too far and resulted into some unintended consequences. At worst, the president could be accused of delivering a fiery speech but definitely not inciting insurrection or sedition; and the first amendment shields every citizen of the United States of America from prosecution for freely expressing their thoughts no matter how passionately. A matter made even better because the president qualified his statement with "peacefully and patriotically" and there are no antecedents of him ever inciting violence against his government or any branch of it. 

Anyway, we shall see how the Senate impeachment trial goes but it sure will go no where all the circumstances considered, including the fact that the president is no longer in office as impeachment is meant for the removal of a president from office upon conviction. And yes, although the impeachment commenced when the president was in office with his impeachment in the House of Representatives, but its trial in the Senate automatically became moot once he left office and should be discharged. It is akin to a matter which was once illegal and later became legal which automatically also bars any further prosecution of people who were involved in it when it was illegal or would be involved with it going forward. 

It is unfortunate that the Congress filled with many lawyers and some judges are deliberately playing a game with what they should hold sacred, the sanctity of the constitution. There was no insurrection and even there was the president did not incite it and even if he did and was impeached for it, he can no longer be tried in the Senate because he is no longer in office and the prescribed punishment of removal from office is no longer feasible. A motion to dismiss will be in order because there is nothing before the Senate to try. Laws are spelt out for a reason, to spell out the dos and don'ts, in order to specifically narrow the road of conformity which the citizens must walk on to avoid any contravention. It is not left to the whims and caprices of the Congress or the Nancy Pelosi of America to choose and pick who to punish or what is punishable. Enough of the witch hunt; let President Donald John Trump be. #SayNoToUnjustImpeachment.