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The “mentes reae” of insurrection and seditious conspiracy—the mental states required for conviction—differ from each other only slightly. To establish either crime, the government would be required to prove that Trump intended the violence that occurred January 6.19 Aug 2"
I would argue that the Mens Rea or mentes reae is clear for both crimes. In Donald's case. The evidence is clear to me.
For example (of many) the following is a damning statement of Trump's state of mind and intent at the time.
"On the morning of January 6, Tony Ornato, Trump’s Deputy Chief of Staff for Operations,
advised Meadows that the crowd gathering for the rally on the Ellipse included people carrying “knives, guns in the form of pistols and rifles, bear spray, body armor, spears and flag poles.” When Meadows asked, “Have you talked to the President?,” Ornato answered: “Yes, Sir. He’s aware.”
University of Chicago criminal law professor Al Alschuler writes that due to evidentiary gaps and plausible alternative explanations, the crime that fits Trump’s actions for January 6th: Insurrection Act, not seditious conspiracy.
www.justsecurity.org
Yet no action was taken. no extra police or other armed services were sent to counter that threat. Even though it was known to the president, before the insurrection started. This reveals that Trump was arguably using his position and informed inaction to ensure the insurrectionists, were not later impeded.
I would argue that this is at the very best, a severe failure of duty, and at worst, an attempt to aid and abet the insurrection attempt on Jan 6th.