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San Jose Mayor Sam Liccardo thinks President Donald Trump should be charged and tried for conspiring to overthrow the U.S. government, after his supporters violently confronted Capitol police and forced their way into the U.S. Capitol.
The rioters — at Trump’s repeated encouragement, including at a rally earlier on Jan. 6 — were seeking to stop Congress from certifying the election of Joe Biden as the next president.
In a tweet following the rioters’ breach of the Capitol building, Liccardo noted that he is a former federal prosecutor, and cited the federal laws against conspiring to overthrow the government and advocating for its overthrow.
“For this atrocious, sickening display in our Capitol Building, @realDonaldTrump should be tried for #sedition,” Liccardo said in his tweet.
For this atrocious, sickening display in our Capitol Building, @realDonaldTrump should be tried for #sedition. As a former federal prosecutor, I refer our next US Attorney General to 18 USC 2384 & 2385. May God bless and bring peace to our nation. https://t.co/6P8s34debs
— Sam Liccardo (@sliccardo) January 6, 2021
In a second tweet — in response to one from the president asking his supporters to “remain peaceful” and to “respect the Law and our great men and women in Blue,” Liccardo said Trump should be charged with “seditious conspiracy.”
“I would be happy to assist in the prosecution of that case,” Liccardo said in the tweet. “Don’t worry— you’ll get out in less than 20 years, with good time…”
You should be prosecuted for seditious conspiracy under 18 USC 2344. I would be happy to assist in the prosecution of that case. Don’t worry— you’ll get out in less than 20 years, with good time…
— Sam Liccardo (@sliccardo) January 6, 2021
The riot brought the proceedings in Congress to a halt. Trump supporters reportedly breached members’ offices and even into one of the chambers of Congress. Vice President Mike Pence was reportedly evacuated from the building.
Later, in a video, Trump urged supporters to “go home in peace.” But he prefaced that by repeating his lies that “the election was stolen from us” and that he had won in a “landslide.” Reminiscent of his comments that there were “very fine people on both sides” after a far-right rally in Charlottesville, Virginia, led to the death of a counter-protester, he also called the rioters “very special.”
“This was a fraudulent election, but we can’t play into the hands of these people. We have to have peace,” he said. “So go home. We love you. You’re very special.”
Congress was meeting to formally count the votes of the electoral college, the body that actually elects the president based on the votes in each state.
The counting of the electoral vote is typically a ceremonial affair, but Trump has encouraged supporters to “stop the steal,” spouting unfounded allegations of widespread voter fraud. Following Trump’s lead, more than 100 Republican representatives and several Republican senators planned to contest the electoral vote at the Congressional session, but Congress was expected to approve the vote nonetheless.
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