To some extent, the media discussion about an insurrection or coup has proven to be a useful smokescreen for those who seek to downplay what happened.
Many of the rioters are actually being charged with obstruction of an official proceeding (18 U.S.C. 1512(c)(2)). If breaking into the Capitol Buidling while congress is certifying a Presidential election is not obstruction of an official proceeding, then what is?
>>>Chansley was arrested Jan. 9, 2021 and has been in custody ever since. He pleaded guilty in the District of Columbia on Sept. 3, 2021, to obstruction of an official proceeding.<<<
WASHINGTON- Jacob Anthony Chansley, a.k.a. Jake Angeli, 34, of Phoenix, Arizona, was sentenced today to 41 months in prison for his criminal conduct during the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and...
www.justice.gov
And, of course, many have been charged with assaulting or impeding law enforcement. From the DOJ link above:
>>>In the ten months since Jan. 6, more than 675 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 210 individuals charged with assaulting or impeding law enforcement.<<<
I have not reviewed all evidence in every case. However, of the cases I did look at, the government had overwhelming evidence (e.g. body camera footage from officers) of the crimes the defendants were charged with.
Regardless of the semantics surrounding the event, obstruction of an official proceeding, assaulting a law enforcement officer, and impeding law enforcement are all federal crimes.
I'm not sure if Trump will be charged with any crimes, but he did treat both the Office of the President and the Constitution as if they were his personal urinals.
Here's the oath of office from Article II, Section 1, Clause 8 of the Constitution:
>>>Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.<<<
An annotation about Article II, Section 1, Clause 8 of the Constitution of the United States.
constitution.congress.gov
Article II, Section 3 states that the President "shall take Care that the Laws be faithfully executed."
An annotation about Article II, Section 3, 1.3.1 Take Care Clause: Overview of the Constitution of the United States.
constitution.congress.gov
Captain Obvious says: Instigating obstruction of an official proceeding of Congress (certification of an election) and doing nothing to halt the obstruction knowing that it is occurring, is not preserving, protecting, and defending the Constitution, nor is it taking care that the laws be faithfully executed.