https://www.nationalreview.com/magazine/2021/07/12/how-to-think-about-january-6/#slide-1
The Capitol riot was not an insurrection as federal law understands the term
What should be the penalty for insurrection? It is, after all, the most profound domestic threat to not merely national security but national survival.
To hear the Biden Justice Department tell it, the penalty for engaging in what Democrats and their media allies incessantly refer to as an “insurrection” at the Capitol on January 6, 2021, should be about . . . well . . . three and a half years. That would be comfortably within the sentencing range that prosecutors concede applies to the first major defendant to plead guilty in the case, Jon Schaffer, a founding member of the Oath Keepers militia organization. To be more precise, he is looking at 41 to 51 months’ imprisonment. Probably even less than that, because he has agreed to cooperate with investigators.
Three and a half years? For what Attorney General Merrick Garland portentously describes as “the most dangerous threat to our democracy” that he has ever seen in his career? And that, from a longtime former judge and prosecutor who, as a top Clinton Justice Department official, not only guided prosecutions of jihadist attacks that killed hundreds in the 1990s but personally supervised the investigation of the 1995 Oklahoma City federal-courthouse bombing, in which a terrorist, Timothy McVeigh, murdered 168 Americans?
McVeigh got the death penalty. Schaffer will get about three and a half years. The Justice Department expects run-of-the-mill stock fraudsters to do more time than that.
So what gives here?