Capitol “incursion” question for board defense attorneys or prosecutors

I’m not a criminal atty but most of these ppl have been essentially charged with being in a restricted area. My understanding is that it’s essentially the same as trespassing (although I could be wrong).

My gut reaction is that trespassing requires the entry to be into an area you don’t have permission to be. But I’m thinking they would have to raise the issue of permission by way of an affirmative defense. Meaning they would have the burden of proof.

From reading the thread of the nearly illiterate Sullivan - I couldn’t tell if he was saying the cops left them in bc the cops were sympathetic to Trump or BLM.

Plus-definitely he people who got into the building itself (not the restricted perimeter but the actual building) - forced their way in by breaking windows and climbing thru. And that’s definitely illegal. And would be dangerous NOT to prosecute. You can’t let ppl get away with that kind of shite. You have to enforce laws or they become unenforceable.

Ex. Those ppl violating election laws probably believed they were justified bc OMB is such a meanie pants and they were helping the country. Helping the country is a noble intent. It’s the intent to violate the law that matters - not whether your feelings were motivated by something positive.

The Trumpers who went in thru broken windows-were participants in a riot. Even tho they were motivated by something which you may see as good; they were still intentionally violating criminal trespass statutes.

quote:

---

Plus-definitely he people who got into the building itself (not the restricted perimeter but the actual building) - forced their way in by breaking windows and climbing thru. And that’s definitely illegal. And would be dangerous NOT to prosecute. You can’t let ppl get away with that kind of shite. You have to enforce laws or they become unenforceable.

---

I agree, but there is that matter of a bizarre double standard of FBI action and inaction.

quote:

---

If a person was permitted in a side door by Capitol Police, and did nothing criminal once inside, how can they be charged with a crime?

---

People are charged with crimes because that's part of the show. Every time they arrest some guy that was taking selfies in the Capitol, it's breaking news like they just tracked down the Unabomber.