At the risk of taking some a possibly un-provable, I will contribute this to the discussion (thuogh I've posted it before in this thead):
Here is a seasoned Federal Prosecutor, and his take on the situation is that there's no case for terrorism, nor sedition, but a case for misdemeanors.
The office of the United States attorney for the District of Columbia has a “
Sedition Task Force” focused on the January 6 riot . . . but it doesn’t have a sedition
case.
Federal prosecutors haven’t charged any terrorism offenses, but, as a rationale for denying one defendant bail, they are trying to convince a skeptical federal judge that by damaging a doorway in forcing her way into the Capitol — a crime often treated as a misdemeanor, and for which the maximum sentence is just ten years — she committed a “crime of terrorism.”
Let’s be real. With due respect to Attorney General Merrick Garland, the Capitol melee is
by no stretch of the imagination the greatest threat to our democracy in living memory. It is not 9/11. It is not the Boston Marathon bombing. Indeed, the June 14, 2017, Washington baseball field shooting spree, in which a radical leftist tried to mass-murder much of the Republican congressional delegation, bore more hallmarks of a terrorist attack — albeit one that, like the deadly Black Lives Matter riots of last summer, the media-Democrat complex always remembers to forget.
What the Capitol Riot Prosecutions Tell Us
The rioters will be punished appropriately, but not punished as if they were terrorists who were trying to overthrow the United States government.
Disruption of congress should also be on the table, because in reality it was certainly that.
When it comes to federal law, McCarthy has much more credibility than politically motivated exaggeration and hyperbolic claims. Sorry, but he just simply does.