Tag: law

13 federal criminal laws that the pro-Trump mob may have violated, explained

Posted on by ajk1311@gmail.com

“federal law makes it a crime to engage “in any rebellion or insurrection against the authority of the United States or the laws thereof.” Someone who violates this statute faces a fine and up to 10 years in prison.

It’s also worth noting that this law makes it a crime to incite such a rebellion, and violators “shall be incapable of holding any office under the United States.” Thus, to the extent that a government official was complicit in Wednesday’s riot, they could potentially be stripped of their office.

Second, the law prohibits a “seditious conspiracy” to “overthrow, put down, or to destroy by force the Government of the United States” or to “by force to prevent, hinder, or delay the execution of any law of the United States.” Participants in such a conspiracy could face up to 20 years in prison.

Third, federal law provides that “whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States … by force or violence” may face up to 20 years in prison, and may also be stripped of their ability to be employed by the federal government for up to five years.”

…

“another statute makes it a crime to conspire “to injure, oppress, threaten, or intimidate any person … in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.” Thus, to the extent that members of Congress were exercising a “privilege” secured to them by the Constitution while they were disrupted by rioters, those rioters could potentially face criminal charges.”

…

“Members of the pro-Trump insurrection may have also violated several federal statutes intended to protect the peace.”

…

“Other criminal laws seek to protect the lives and safety of federal officials. Anyone who attempts to kill a member of Congress, for example, faces life in prison. And anyone who assaults a member of Congress may face 10 years in prison if they do so with a dangerous weapon or if “personal injury results.”
Even a relatively minor assault against a federal lawmaker can be punished by a year in prison.

Additionally, the law prohibits a conspiracy to “prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States.” As the purpose of the pro-Trump insurrection appears to be to prevent President-elect Biden from holding the office of president, this statute could apply to members of that insurrection.

Violators of this law face up to six years in prison.”

…

“Other federal laws make it a crime to damage, rob, or unlawfully occupy federal property.”

Scrapping a subsidy to homeowners

Posted on by ajk1311@gmail.com

“In the February issue of the American Economic Review, researchers Kamila Sommer and Paul Sullivan consider the implications for the US housing market if this $90 billion subsidy to homeowners were to be scrapped. They find that getting rid of it would actually improve overall welfare by lowering home prices and expanding opportunities for home ownership among younger and lower-income households.
“The people who are the primary beneficiaries of the deduction are the high-income households,” Sommer said in an interview with the AEA. “When you take it away, house prices fall, they consume less housing, live in smaller houses…but the decline in house prices reduces the entry cost for the marginal households that are previously renting. It’s almost like this reallocation of housing from high-income households to low-income households.”

Critics say the mortgage interest deduction is a regressive tax policy that inflates prices and encourages buyers to choose more expensive houses and take on debt rather than sinking money into other investments. It also robs the Treasury of tax revenue that could be used to close the deficit. But real estate lobbyists say its repeal would depress homeownership and negatively impact social welfare.”

…

“More than half of all existing homeowners — 58 percent — would see their consumption improve after the reform, with most of the benefits going to young, low-income households. Rich homeowners with big properties suffer the most, since they have outsized amounts of mortgage interest that can be deducted from their income tax burden. When that benefit goes away they end up bearing the brunt of the impact.

It’s less certain whether there would be any meaningful impact on tax revenue for the government, the authors say. Getting rid of the deduction leads to a 2.6 percent increase in income tax revenue, but the falling home prices translate to a 7.8 percent drop in property tax revenue. Overall, it’s essentially a wash, with a total revenue gain of just one-half of a percentage point.”

An NYPD Cop Was Sentenced to a Day in Jail for a Lie That Nearly Doomed a Man to 15 Years in Prison

Posted on by ajk1311@gmail.com

“one day in jail plus probation for a lie that nearly cost a man 15 years of his life. Contrast that with the fate of low-income people trapped behind bars because of expensive pre-trial bail. Though the law considers them innocent until proven guilty, they often spend far more time in jail than Bergmann while waiting for their day in court. In one infamous case, Kalief Browder spent three years in Rikers Island without a trial because his bail was set at an unaffordable $3,000.”