they weren't charged with insurrection because what the oathkeepers did was worse.
18 U.S. Code § 2383 - Rebellion or insurrection
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Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the
United States or the laws thereof, or gives aid or comfort thereto,
shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645,
62 Stat. 808;
Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
108 Stat. 2147.)
18 U.S. Code § 2383 - Rebellion or insurrection
18 U.S. Code § 2384 - Seditious conspiracy
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If two or more
persons in any
State or Territory, or in any place subject to the jurisdiction of the
United States, conspire to overthrow, put down, or to destroy by force the Government of the
United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the
United States, or by force to seize, take, or possess any property of the
United States contrary to the authority thereof,
they shall each be fined under this title or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645,
62 Stat. 808; July 24, 1956, ch. 678, § 1,
70 Stat. 623;
Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994,
108 Stat. 2148.)
18 U.S. Code § 2384 - Seditious conspiracy
but guess
WHO can be charged with insurrection, because he
incited the march to the capital?