I have seen so many people (including folks on #lawtwitter) comparing what happened at the Capitol yesterday with the violence and property damage that happened in some cities during protests last summer.

Let me explain what is wrong with that analogy . . . . .

To clarify -- my disagreement is not with those who are pointing out that law enforcement didn't respond with the same level of force and arrests at the capitol as it did during BLM protests.

That comparison deserves to be drawn and it raises some very important questions.
My disagreement is with those who are saying that what happened at the Capitol yesterday is so similar to what happened during protests this summer, that people's reactions ought to be similar--a suggestion that those reacting more strongly now are hypocritical.
Here's one example of someone (a law professor) making the argument. But I've seen it plastered across the site all day, it keeps cropping up in my mentions, and so I want to respond. https://t.co/Cwc0hCXQ7u
There are a number of things that distinguish what happened at the Capitol from what happened during BLM protests. The most obvious is the reason that people protested---some protested about factually false claims about election fraud; others about real police shootings.
It should go without saying, but the reasons that people act are incredibly important in judging their actions. People who do bad things for bad reasons deserve more condemnation than people who do things for good reasons.

This is a pretty basic social and legal concept.
There is another, more important difference between the reasons for action.

The people at BLM protests were trying to get changes made to policing practices.

The people at the Capitol were trying to stop Congress from certifying an election.
Changing policing practices so that fewer civilians get shot is a totally legitimate aim. If we were to accomplish it through a court decision or legislation, I don't think people would object. In fact, most Americans would likely welcome it.
In contrast, stopping the certification of an election is not a legitimate aim. It would be a major problem if it were accomplished via a court decision. And it's even worse to try and do it via force or intimidation.
But the reasons for the actions we saw is not the only important difference.

There is also a huge difference in how those actions came about--specifically the role that public officials played in the turmoil and protests that led to the storming of the Capitol.
The anger towards and distrust of police in Black communities didn't come from public officials. It came from people in those communities. In fact, much of the anger was directed at the public officials in those cities. Folks blame Democratic mayors for police violence.
And while some officials in Democratic cities expressed solidarity with the protestors, the mayors were not encouraging people to take to the streets and protest. The opposite in fact. They wanted people to stay home.
Contrast that with how Pres Trump and many other members of the GOP have reacted to the 2020 election:

They have been leading the charge to challenge the result.

They have been engaging in rhetoric that talks about violence and unrest.

They fanned these flames.
The President himself held a rally in which he literally encouraged people to march to the Capitol. He told them that the Republicans in Congress were being weak, and they needed to show them to be bold.

He told them to march to the Capitol, and he repeated it multiple times.
Did Joe Biden, Nancy Pelosi, Chuck Schumer, or any one of a similar stature tell people to take to the streets this summer?

Did they give the protestors a fist pump like Josh Hawley did, as he was heading in to try and overturn the election using frivolous legal arguments?
The answers to those questions is obviously "no"

Contributing to a bail fund or saying that you understand why people are angry--things that folks on the right criticized Dem officials for--is obviously not the same thing as encouraging people to take to the streets.
So were there protests this summer at which some people broke the law?

Yes.

But what we saw at the Capitol yesterday and what happened over the summer obviously aren't analogous.

And to pretend otherwise seems like it is minimizing yesterday's attack on democracy.

More from Legal

BREAKING: at least six men that provided security for Roger Stone entered the #Capitol during the siege, per a @nytimes visual investigation.

All six are associated with the far-right #OathKeepers militia.

THREAD 1/

Story: https://t.co/abZlcVyaR6


2/ On January 5th, Stone appeared at the Supreme Court, glad-handing and being driven in a go-kart. Later he attended a rally near the White House.

As the @nytimes team shows, his security entourage featured a host of #OathKeepers...


3/ In the morning of the 6th, Stone stood outside the Willard InterContinental hotel, again flanked by men associated with the #OathKeepers.

Some of them, like Rob Minuta, have been named in prior


4/ Interesting detail: while scrutinizing the video of Roger Stone I spotted Rudy Giuliani exiting the same hotel.

Giuliani is accompanied by a man wearing the same outfit as Trump supporter John Eastman & other not-yet ID'd people.

Video source: https://t.co/Rure8TiQTp


5/ Now to the #Capitol: We see a several of Roger Stone's #OathKeeper guards amidst a larger group yelling at police. Video surfaced by the @CTExposers team.👇👇

https://t.co/NWsONDz0OA
Absolutely fascinating thread as @jsralton & others track down the identity of key players in the Capitol Hill breach.

Including highly decorated ex-members of the military.

The double wrist ties, tasers, discarded weapons all show an intention to go much further than they got


Seems so ordinary, becoming Lieutenant Commander Brock in the US Airforce ...yet the conversion from the ordinary into the extremist will make a fascinating study for psychologists @RichardBentall


His claim that he picked up the wrist ties “someone” had dropped so he could hand them into police is laughable.

And when you think about it rather cowardly. Can’t even take responsibility for what he has done.

Who else were involved in the planning? Which mates of his?

The attention to detail in making the links is impressive.

There’s going to be a lot more doors knocked in in the next few weeks.

How high and how deep into the Trump establishment does it go.?


H/T @k8tshires for this summary from CNN

If the people involved in this insurrection succeeded where would the establishment face of the movement be?

I suspect not making the denouncements they are now that it
A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release


We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->


Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation

FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up

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THE MEANING, SIGNIFICANCE AND HISTORY OF SWASTIK

The Swastik is a geometrical figure and an ancient religious icon. Swastik has been Sanatan Dharma’s symbol of auspiciousness – mangalya since time immemorial.


The name swastika comes from Sanskrit (Devanagari: स्वस्तिक, pronounced: swastik) &denotes “conducive to wellbeing or auspicious”.
The word Swastik has a definite etymological origin in Sanskrit. It is derived from the roots su – meaning “well or auspicious” & as meaning “being”.


"सु अस्ति येन तत स्वस्तिकं"
Swastik is de symbol through which everything auspicios occurs

Scholars believe word’s origin in Vedas,known as Swasti mantra;

"🕉स्वस्ति ना इन्द्रो वृधश्रवाहा
स्वस्ति ना पूषा विश्ववेदाहा
स्वस्तिनास्तरक्ष्यो अरिश्तनेमिही
स्वस्तिनो बृहस्पतिर्दधातु"


It translates to," O famed Indra, redeem us. O Pusha, the beholder of all knowledge, redeem us. Redeem us O Garudji, of limitless speed and O Bruhaspati, redeem us".

SWASTIK’s COSMIC ORIGIN

The Swastika represents the living creation in the whole Cosmos.


Hindu astronomers divide the ecliptic circle of cosmos in 27 divisions called
https://t.co/sLeuV1R2eQ this manner a cross forms in 4 directions in the celestial sky. At centre of this cross is Dhruva(Polestar). In a line from Dhruva, the stars known as Saptarishi can be observed.