Ruling citing Engaging in Insurrection

Arne in an earlier post this morning commented;

“The ruling by Judge Wallace in Colorado that trump engaged in insurrection has not been discussed in another posting yet. If he is legally the instigator, is he guilty of manslaughter?”

A Colorado judge on Friday (17 November) found that former President Donald Trump engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but rejected an effort to keep him off the state’s primary ballot because it’s unclear whether a Civil War-era Constitutional amendment barring insurrectionists from public office applies to the presidency. NPR

Also referenced by Arne; commentary by Carissa Byrne Hessick at LawFare . . .

“When the news broke that people had been killed during the Capitol riot on Jan. 6, commentators began speculating that at least some of the pro-Trump rioters could be charged with murder and in particular, felony murder. The felony murder rule is a complicated legal doctrine that can result in a murder conviction for people who did not intend to kill and for people who did not personally cause anyone’s death. Though the facts of precisely what happened at the Capitol are still coming to light, it seems likely that prosecutors could file felony murder charges against at least some of the rioters.”

Since trump was found to have engaged in an insurrection by the Colorado judge and more than likely incited it.

Should Trump be charged with murder?