More Resources on Last Week's Extreme Rightwing Assault on the US Capitol

This is a follow-up to the Library Boy post of January 11, 2021 post on US Glossary on Treason, Sedition, Insurrection.

Here are more resources to help understand the legal dimensions of last week's rightwing mob assault on the US Capitol in Washington, D.C.

• The Capitol Riot: Documents You Should Read (National Security Archive, January 13, 2021): "The Pentagon’s timeline of its response to the January 6, 2021 mob attack on the U.S. Capitol features multiple discrepancies with the public record, while the first federal indictment of mob participants details the specific legal charges that likely will be brought against others, according to the documents in the National Security Archive’s first 'January 6 Sourcebook' posted today." [The Archive based at George Washington University combines the roles of investigative journalism centre, research institute on international affairs, and library and archive of declassified U.S. documents]
• Questions to Guide an Investigation of the Capitol Attack (Just Security, New York University School of Law, January 11, 2021): "The invasion of the United States Capitol was an entirely predictable event, which makes the wholesale security collapse all the more unconscionable. Threats on social media grew more frequent and specific after President Donald Trump called on his supporters to gather in Washington, D.C., and push Congress to overturn the election results. Somehow though, several security leaders said they could not have imagined the violence that happened on January 6. Congress should establish a commission to investigate the failure and make recommendations to prevent it from happening again, including by taking on its underlying causes. These are the questions that should guide the effort."
• Could Trump face charges for speech before Capitol riot? Experts differ on Brandenburg impact (ABA Journal, January 14, 2021): "Could a 1969 case involving a Ku Klux Klan leader protect President Donald Trump from incitement charges in connection with the Jan. 6 riot on the U.S. Capitol? Constitutional law experts offer differing opinions on the impact of the case, Brandenburg v. Ohio. The decision held that advocating the use of force is protected under the First Amendment unless it is 'directed to inciting or producing imminent lawless action and is likely to incite or produce such action.' The defendant in the case was Klan leader Clarence Brandenburg, who was charged under an Ohio law for advocating violence during a rally."
• Federal Criminal Law: January 6, 2021, Unrest at the Capitol (Congressional Research Service Legal Sidebar, January 12, 2021): "This Sidebar focuses ... on three specific categories of federal criminal statutes that may have been violated by some of the participants in the unrest at the Capitol: (1) crimes involving federal property; (2) crimes against persons; and (3) crimes against government authority. (Additionally, though not discussed further in this Sidebar, inchoate crimes like attempt or conspiracy to commit the substantive crimes described below or other crimes, as well as accomplice liability, may be relevant)."
• Domestic Terrorism and the Attack on the U.S. Capitol (Congressional Research Service Insight, January 13, 2021): "In light of this incident and the violent threat to the operation of the U.S. Congress, policymakers may be interested in whether this incident may be treated as domestic terrorism and if the participants are domestic terrorists, among other issues. This Insight discusses whether or not participants and their actions may be categorized as domestic terrorists and domestic terrorism, respectively, and issues around designating domestic fringe groups, such as the Boogaloo Bois and Proud Boys who were allegedly involved in the attack, as terrorist organizations. It concludes with possible next steps for Congress."
• Siege at the Capital – The National Security Law Perspective (American Bar Association podcast, January 12, 2021): panelists are Professor William Banks, Chair of the ABA Standing Committee on Law and National Security Advisory Committee; Professor Mary DeRosa, Georgetown University Law School; Professor Harvey Rishikof, Temple University