Traitors

On January 6, an insurrectional mob attempted a coup at the Capitol in Washington, DC. (Coup: “a sudden, violent, and illegal seizure of power from a government” [New Oxford American Dictionary].) Some people died at the scene, additional people died in the aftermath, many were injured, some were seriously maimed, and many more were traumatized. Citizens across the country, in fact, were traumatized. The fact that this mob failed in their effort to overthrow the government should have no bearing on their punishment. They did their best.

Yesterday Jennifer Leigh Ryan, a Texas realtor who participated in the insurrection, was sentenced to two months in jail or prison. She wasn’t charged with a felony for her actions, but her “lack of remorse” for her participation influenced her sentence. More influential, perhaps, was her declaration that she wouldn’t be punished at all because she is white, blond, and employed.

I’m glad that her declaration contributed to putting her behind bars, if only for two months. Essentially, she had adopted the stance of a fire-setting five-year-old who smirks, sticks out her tongue, waggles her behind, and says, “You won’t do anything about it.” I don’t know what the appropriate punishment for such a child would be, but an adult arsonist, in my opinion, deserves more attitude readjustment than two months of jail time. And the example Ryan’s sentence provides to others threatens to spur additional violence.

Ryan’s sentence, though, is stiffer than many, she included, expected it to be. Nearly 700 people have been sentenced for their attempts to overthrow the government. The fact is, these people committed treason, the “crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government” (New Oxford American Dictionary again). It is a crime that traditionally has been viewed as the most serious of offenses, eliciting the most serious repercussions, including execution. What could be more serious than an armed rebellion against a nation’s social institutions and its agents? And yet, overall, sentences have been scandalously light.

But I want to be fair here. Most if not all of those who actively participated in, or just cheered on, the insurrectionists believed that our institutions had already been overthrown, through a “rigged” election. They acted, or reacted, on that premise, despite a complete lack of evidence for their belief. They had been misled—strategically misled by actors who hoped to usurp power in the wake of the rebellion they provoked. I believe that they are nevertheless responsible for their actions and should face proportionate consequences, despite their embrace of a political delusion.

But there is layered injustice here. The insurrectionists are, indeed, guilty of treason. Many of their supporters are guilty of sedition. Almost 700 of them have been brought to answer, however lightly, for their crimes. But what about those who spurred the attempted coup—those who constructed and executed the campaign of misinformation and propagated the unsubstantiated claims that led their followers into full-fledged rebellion? What about those who deliberately ignited in their followers the sense that it was up to the followers themselves, the real patriots, to restore “truth, justice, and the American way“ by committing treason in their names? What about the instigators and their propagandists, who gave the so-called “big lie” its subversive power?

So far, not one of these traitors in the top tier has been legally charged with any crime, with the exception of the President. Despite his spearheading the entire undertaking, he was exonerated because more than half of those sitting in judgment at his impeachment were on his side, fully expecting to benefit from his absolution. They irrefutably provided “Aid and Comfort” to State enemies, an act of treason according to the US Constitution (Article III, Section 3, Clause 1). And yet none of them have been held responsible—not the President, his minions, advisors, nor his enablers, all of whom have perpetrated, and still continue to perpetrate, treason.

The aim of the House’s January 6 Commission is to determine and report on the events and actors involved in the insurrection. The aim is not to charge or convict anyone of any wrongdoing, but to generate a report that establishes what was done and who did it. While that report may be useful in helping to prevent future coup attempts and to guide improvements for security in the event of another insurrection, it will not on its own hold anyone accountable.

This is not justice, at any level. Only the marionettes are being held accountable, albeit only to a minimal degree. Those who maneuvered them in ways that promoted an attack on our government are not only escaping without consequences; they remain free to continue their manipulations without effective challenge or constraint. And that’s exactly what they’re doing.