What was Shiffty and Davis up to?
Jonathan Turley
@JonathanTurley
Jesse Watters just aired a report that a crew with Stephen Colbert were arrested last night at the Capitol and charged with unlawful entry. Two members were mentioned as allowing them into the building, including House Intelligence Chair Adam Schiff...
...Rep. Rodney Davis seemed to confirm the basic facts in the segment. While much still have to be confirmed on the details, the charge would be the same as most of those who were arrested in connection to the Jan. 6th riot...
...The segment suggested that they were banging on doors as part of the skit with a comedian who has appeared on the show...
...Obviously, while the charge may be the same, this is very different from breaking into the Capitol and rioting. If true, the crew could claim implied permission even if there should have been approval for the access and shooting (including notice to the Capitol police).
...The responsible member could ameliorate the situation by saying that it was a failure on the part of the office to get formal approval or notice for the shooting. It might still mean a breach of security protocol, but the House ultimately controls access in such cases.
...Once again, this is just an initial report. However, if there is a charge, it would likely be brought under 18 U.S.C. § 1752 for anyone who “knowingly enters or remains in any restricted building or grounds without lawful authority to do so.”
https://www.law.cornell.edu/uscode/text/18/1752
...That notably includes the crime of remaining in the building, though the crew could argue that they had lawful authority from one of these members.
...The Washington Examiner is reporting a statement: “On June 16, 2022, at approximately 8:30 p.m., U.S. Capitol Police (USCP) received a call for a disturbance in the Longworth House Office Building...
...Yet, I am not sure why such authority could not be established at the scene with a call to any sponsoring office. If they were arrested last night, it would be common to hold them over to the morning but we are, again, short on details.
“this is very different from breaking into the Capitol and rioting”
I wonder if banging on the door of Republican congressmen is not rioting but peacefully walking between the velvet ropes in the rotunda of the Capitol and then out is rioting?