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If Trump does pardon his supporters who attacked the US Capitol, might they still be liable to prosecution under state law?
A thread...
1/ https://twitter.com/DavidBegnaud/status/1350253097818329089
A thread...
1/ https://twitter.com/DavidBegnaud/status/1350253097818329089
For starters, it depends on a state's law – eg its conspiracy law.
Say two people living in MD traveled together to DC on Jan 6 specifically to join an attack the Capitol. Could MD prosecute them for conspiracy to commit (eg) criminal trespass in DC?
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Say two people living in MD traveled together to DC on Jan 6 specifically to join an attack the Capitol. Could MD prosecute them for conspiracy to commit (eg) criminal trespass in DC?
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Threshold issue: Does MD law apply to conspiracies to commit crimes *outside of* MD?
The answer *seems* to be "No" – at least according to Sec 1-203 of the MD Criminal Law Code, as that section on its face applies to conspiracies to commit crimes against "the State."
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The answer *seems* to be "No" – at least according to Sec 1-203 of the MD Criminal Law Code, as that section on its face applies to conspiracies to commit crimes against "the State."
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But now let's change that hypothetical to "two people living in VA". Could VA prosecute them for conspiracy to commit (eg) a trespass in DC?
Here the answer seems to be "Yes" – ie, Sec 18.2-23 on its face does *not* limit its application to crimes committed against VA.
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Here the answer seems to be "Yes" – ie, Sec 18.2-23 on its face does *not* limit its application to crimes committed against VA.
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Another change: What if those two Virginians traveled together to DC to commit felonies?
Here a different provision of VA law (Sec 18.2-22) applies explicitly to conspiracies to commit felonies whether they are "within or without" VA.
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Here a different provision of VA law (Sec 18.2-22) applies explicitly to conspiracies to commit felonies whether they are "within or without" VA.
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Of course to get to DC one must travel through either MD or VA. Focusing on VA: Would one or more co-conspirators merely driving through give VA jurisdiction? How about driving through and stopping for gas? Or landing at National or Dulles?
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So, for example, if before realtor Jenna Ryan left Texas she agreed to join with others to attack the Capitol, then flew in a private plane from TX to VA in order to get to the Capitol, could VA prosecute her for conspiracy under 18.2-23 or 18.2-22?
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https://twitter.com/cbs11doug/status/1350251574992494594
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https://twitter.com/cbs11doug/status/1350251574992494594
Next questions: If the facts and VA law would allow VA to prosecute Jenna Ryan, which VA county might have jurisdiction? And would prosecutors in those counties be inclined to prosecute?
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As to that first question, Dulles is in Fairfax and Loudoun Counties, while National Airport is in Arlington County.
As to the second question, it's probably worth noting the Commonwealth Attorneys in those counties are Democrats.
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As to the second question, it's probably worth noting the Commonwealth Attorneys in those counties are Democrats.
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Then if the case went to trial, what about the jury pools? Biden won Loudoun with 61.5%, Fairfax with 69.9% & Arlington with 80.6%.
Side note: If Trump does *not* pardon those who attacked the Capitol & they're prosecuted by the US Attorney in DC, that would mean DC juries.
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Side note: If Trump does *not* pardon those who attacked the Capitol & they're prosecuted by the US Attorney in DC, that would mean DC juries.
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