(Section 2383 is rarely charged, and as we discuss below, this is a charge DOJ will use only with extreme caution. § 2383, which prohibits inciting an insurrection and giving aid or comfort to insurrectionists. This implicated statutes such as 18 U.S.C. When Pence refused, Trump went to his last resort: triggering an insurrection in the hope that it would throw Congress off course, delaying the transfer of power for the first time in American history. ![]() Their primary objective was to have Vice President Mike Pence in his presiding role on that day either block Congress from recognizing Joe Biden’s win at all or at least to delay the electoral count. § 1512, which prohibits obstruction of an official proceeding.
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