The Treason Clause dictates that a conviction can rest only "on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." As a result, there have been around forty treason prosecutions. No American has been executed for treason against the U.S. Larson wrote in his book "On Treason: A Citizen's Guide to the Law," from 2020, that the Framers "had a very specific image in mind-men gathering with guns, forming an army, and marching on the seat of government." Few events in American history have matched that description as the insurrection of January 6th, which, court documents suggest, was planned by "militia" members who may have intended to capture elected officials (and chanted to "Hang Mike Pence"). The Supreme Court held that a mere conspiracy to levy war does not count as actually levying war. Another treason case resulted from the Christiana Riot, in which dozens of men fought the return of slaves to their owners as required by the Fugitive Slave Act. Supreme Court Justice Robert Grier, presiding at trial (as Justices actually did in those days), held that "levying war" had to involve an intent to overthrow the government or hinder the execution of law. So let us look at that.
November 9, 2020: Oath Keepers member Jessica Watkins sends text messages inviting people to the Oath Keepers' basic training in Ohio. One message says, "I need you fighting fit by innaugeration [sic]."
December 7: The Arizona Republican Party asks supporters whether they are willing to give their lives fighting over the election results. One America News releases a video about Trump's reelection efforts with a voiceover stating, "Supporters of President Trump are continuing to fight for four more years, storming the nation's capital to participate in dueling rallies."
December 12 Speakers including Michael Flynn, Sebastian Gorka, Alex Jones, podcaster David Harris Jr., Nick Fuentes, Mike Lindell and Oath Keeper's leader Stewart Rhodes. Jones says, "Joe Biden is a globalist, and Joe Biden will be removed one way or another." Harris says that if there were a civil war, "we're the ones with all the guns." Fuentes gets the crowd to chant, "Destroy the GOP! Destroy the GOP!" Flynn tells the crowd that he is certain that Trump will be the next President. Rhodes calls on Trump to invoke the Insurrection Act (in violation of not only the act itself, but the Constitution as well), and warns that not doing so would lead to a "much more bloody war." Trump flies over the crowd several times in Marine One and tweets his appreciation for their support. Not once did Trump denounce anything that had been said.
December 19 Trump announces the January 6 rally on Twitter. Speaking at a rally in Arizona, Ali Alexander appears to advocate for violence against Republican members of Congress who do not fight to overturn the election results.
December 22 Oath Keepers' Florida chapter leader Kelly Meggs writes on Facebook, "Trump said It's gonna be wild!!!!!!! It's gonna be wild!!!!!!! He wants us to make it WILD that's what he's saying. He called us all to the Capitol and wants us tomakeitwild!!!! SirYesSir!!! Gentlemen we are heading to DC pack your s**t!!"
Friday, January 1, 2021 Trump tweets the date and time of the January 6 rally. He then retweets a supporter who wrote, "The calvary [sic] is coming, Mr. President! JANUARY 6th | Washington, DC", to which Trump responds, "A great honor!".
Sunday, January 3, 2021 An internal Capitol Police intelligence report warns that enraged protesters flanked by white supremacists and extreme militia groups are likely to arrive in Washington armed for battle and target Congress on January 6. Since the President is informed of any kind of threat to the capital, that means Trump KNEW it was coming. Knew their intent, and did nothing.
Wednesday, January 6 3:23 a.m.: Ron Watkins, imageboard administrator and prominent QAnon figure, posts a tweet accusing Vice President Mike Pence of orchestrating a coup against Trump. He also linked to a blog post which called for "the immediate arrest of [Pence], for treason."
12:00 p.m.: President Trump begins his over one-hour speech ("We're going to walk down to the Capitol, and we're going to cheer on our brave senators, and congressmen and women," Trump told his supporters shortly before the Capitol assault. "We're probably not going to be cheering so much for some of them because you'll never take back our country with weakness. You have to show strength, and you have to be strong."). He repeats allegations that the election was stolen, criticizing Vice President Mike Pence by name a half-dozen times, accusing fellow Republicans of not doing enough to back up his allegations, and stating that he would walk with the crowd to the Capitol, though he retires to the White House immediately after the speech.
A Federal Protective Service briefing email states that there are about 300 Proud Boys at the Capitol, a man in a tree near the Ellipse is holding what looks like a rifle, and some of the 25,000 people around the White House are hiding bags in bushes. The email warns that the Proud Boys are threatening to shut down the downtown water system.
12:20 p.m.: A Federal Protective Service officer writes in an email, "POTUS is encouraging the protesters to march to capitol grounds and continue protesting there."
12:49 p.m.: Capitol Police respond to a report of a possible explosive device at the Republican National Committee Headquarters, which is later identified as a pipe bomb. Shortly afterwards, a second pipe bomb is found at the headquarters of the Democratic National Committee. Buildings next to these headquarters are evacuated.
A police sweep of the area identifies a vehicle which held one handgun, an M4 Carbine assault rifle with loaded magazine, and components for 11 Molotov cocktails with homemade napalm. Around 6:30 p.m, the driver was apprehended carrying two unregistered handguns as he returned to the vehicle. He is not suspected of planting the pipe bombs.
12:53 p.m.: Rioters overwhelm police along the outer perimeter west of the Capitol building, pushing aside temporary fencing. Some protesters immediately follow, while others, at least initially, remain behind and admonish the others: "Don't do it. You're breaking the law." By 1:03 p.m., a vanguard of rioters have overrun three layers of barricades and have forced police officers to the base of the west Capitol steps.
12:57 p.m.: Federal Protective Service officers report that the Capitol Police barricade on the west side of the Capitol building has been breached by a large group.
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