Sec. 2. Policy. (a) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that destroys, damages, vandalizes, or desecrates a monument, memorial, or statue within the United States or otherwise vandalizes government property. The desire of the Congress to protect Federal property is clearly reflected in section 1361 of title 18, United States Code, which authorizes a penalty of up to 10 years’ imprisonment for the willful injury of Federal property. More recently, under the Veterans’ Memorial Preservation and Recognition Act of 2003, section 1369 of title 18, United States Code, the Congress punished with the same penalties the destruction of Federal and in some cases State-maintained monuments that honor military veterans. Other criminal statutes, such as the Travel Act, section 1952 of title 18, United States Code, permit prosecutions of arson damaging monuments, memorials, and statues on State grounds in some cases. Civil statutes like the Public System Resource Protection Act, section 100722 of title 54, United States Code, also hold those who destroy certain Federal property accountable for their offenses. The Federal Government will not tolerate violations of these and other laws.
(b) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that participates in efforts to incite violence or other illegal activity in connection with the riots and acts of vandalism described in section 1 of this order. Numerous Federal laws, including section 2101 of title 18, United States Code, prohibit the violence that has typified the past few weeks in some cities. Other statutes punish those who participate in or assist the agitators who have coordinated these lawless acts. Such laws include section 371 of title 18, United States Code, which criminalizes certain conspiracies to violate Federal law, section 2 of title 18, United States Code, which punishes those who aid or abet the commission of Federal crimes, and section 2339A of title 18, United States Code, which prohibits as material support to terrorism efforts to support a defined set of Federal crimes. Those who have joined in recent violent acts around the United States will be held accountable.Executive Order on Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence
On the high end, charges of civil disorder, interfering with law enforcement, or inciting a riot could all be possible, up to seditious conspiracy — a federal charge punishable by up to 20 years in prison, he said. That latter charge seemed most appealing to two professors of Western Michigan University’s Cooley Law School. It reads:What is Sedition? US Capitol breach was ‘almost textbook’ example legal expert says – Janurary 7, 2021
“If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”
The phrase “delay the execution of the law” is key, and what was seen from some of the Trump supporters Wednesday, said Devin Schindler, a law professor who once clerked for the 9th Circuit Court of Appeals.
UPDATE: The FBI is seeking information that will assist in identifying individuals who are actively instigating violence in Washington, D.C.
If you have witnessed unlawful violent actions, or have any information about the cases below, we urge you to submit any information, photos, or videos that could be relevant at fbi.gov/USCapitol. You may also call 1-800-CALL-FBI (1-800-225-5324) to verbally report tips and/or information related to this investigation. If you do not have an attachment but have information to provide, please submit it at tips.fbi.gov.