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The Illusory Truth Effect
A 2021 study found that how truthful people perceived a statement to be increased with every time that statement was repeated, with increases wearing out around the ninth time. This finding supports earlier research on the “illusory truth effect,” which is the tendency to perceive claims as truer if we’ve been exposed to them before.
Insurrection Repetition
We’ve all heard the term “insurrection” repeated many times in reference to the January 6th Capitol riot. And yet, out of the 10,000 people present that day, not a single person has ever been charged with insurrection, as defined by Title 18 U.S. Code Section 2383 – which prohibits inciting, assisting, or engaging in an insurrection or rebellion against the authority of the United States. The best prosecutors were able to get is 13 people for seditious conspiracy, which is different from the actual act of insurrection.
The Center for Strategic & International Studies provides a convenient shorthand for distinguishing between Sections 2383 (Insurrection) and 2384 (Seditious Conspiracy):
Generally, sedition is conduct or speech that incites individuals to violently rebel against the authority of the government. Insurrection includes the actual acts of violence and rebellion.
Now, none of this is a secret. In fact, when impeaching Trump under “incitement of insurrection” charges, the government very publicly spent half a year interviewing over 70 witnesses and writing an 845-page report. In addition to finding Trump innocent, none of their research led to a single insurrection conviction. But if something about that statement feels wrong, blame the illusory truth effect.
According to the Television News Archives, mentions of the term “insurrection” skyrocketed after January 6th.
Why does it matter?
Well, take the recent Colorado verdict, which ruled Trump can’t appear on the state’s Republican primary ballot. That case was simply a lawsuit brought by local voters who petitioned to revoke Trump’s eligibility. In forming their decision, the Court stated it was their opinion that Trump had engaged in an insurrection – even though, as one of the dissenting Justices writes:
There was no fair trial: President Trump was not offered the opportunity to request a jury of his peers; experts opined about some of the facts surrounding the January 6 incident and theorized about the law [...] I have been involved in the justice system for thirty-three years now, and what took place here doesn’t resemble anything I’ve seen in a courtroom.
Could it be that the illusory truth effect was employed to make acceptance of this type of Constitutional blurring easier to swallow? If so, it wouldn’t be the first time in history – and it likely won’t be the last.
Other January 6th Facts
Did Republicans Try to Overthrow the U.S. Government?
No. The official committee that investigated January 6th actually applauded Republicans, saying that any plan to overturn the 2020 election or block the transfer of power “faltered at several points because of the courage of officials (nearly all of them Republicans) who refused to go along with it.”
In its 845-page report, the Select Committee to Investigate January 6th didn’t make one accusation that the Republican Party or Republicans as a group attempted to overthrow the U.S. government. The only people convicted, to date, under seditious conspiracy charges are five Proud Boys and eight Oath Keepers, and absolutely no one – outside of Trump’s acquitted impeachment – has ever even been charged under Section 2383: Rebellion or Insurrection.
Impeachment Details: On February 13, 2021, Congress voted 57-43 to acquit Trump of all charges to “incite an insurrection.” You can browse all impeachment documents via the U.S. Government Publishing Office.
Official January 6th Case Records
You can browse all January 6th cases by searching the Justice Department’s Capitol Breach database. Now that Select Committee is no longer standing, their website is archived. If you have problems accessing, all materials are indexed by the U.S. Government Publishing Office.
Seditious Conspiracy Guilty Verdicts
The following individuals have been found guilty of seditious conspiracy under Title 18 U.S. Code Section 2384:
- Joshua James (Oath Keeper): DOJ Case Number: 1:22-cr-15 – DOJ announcement (3/2/22)
- Brian Ulrich (Oath Keeper): DOJ Case Number: 1:22-cr-15 – DOJ announcement (4/29/22)
- Jeremy Bertino (Proud Boy): DOJ Case Number: 1:22-cr-329 – DOJ announcement (10/6/22)
- Elmer Stewart Rhodes (Oath Keeper): DOJ Case Number: 1:22-cr-15 – DOJ announcement (11/29/22)
- Kelly Meggs (Oath Keeper): DOJ Case Number: 1:22-cr-15 – DOJ announcement (11/29/22)
- Henry Tarrio (Proud Boy): DOJ Case Number: 1:21-cr-175 – DOJ announcement (5/4/23)
- Ethan Nordean (Proud Boy): DOJ Case Number: 1:21-cr-175 – DOJ announcement (5/4/23)
- Zachary Rehl (Proud Boy): DOJ Case Number: 1:21-cr-175 – DOJ announcement (5/4/23)
- Joseph Biggs (Proud Boy): DOJ Case Number: 1:21-cr-175 – DOJ announcement (5/4/23)
- Joseph Hackett (Oath Keeper): DOJ Case Number: 1:22-cr-15 – DOJ announcement (6/2/23)
- Roberto Minuta (Oath Keeper): DOJ Case Number: 1:22-cr-15 –DOJ announcement (6/2/23)
- David Moerschel (Oath Keeper): DOJ Case Number: 1:22-cr-15 –DOJ announcement (6/2/23)
- Edward Vallejo (Oath Keeper): DOJ Case Number: 1:22-cr-15 –DOJ announcement (6/2/23)
Seditious Conspiracy Innocent Verdicts
The following individuals were charged with seditious conspiracy and found innocent. All were convicted on other charges (e.g., obstruction of an official proceeding):
- Thomas Caldwell (Oath Keeper): DOJ Case Number 1:22-cr-15 – DOJ announcement (11/29/22)
- Kenneth Harrelson (Oath Keeper): DOJ Case Number 1:22-cr-15 – DOJ announcement (11/29/22)
- Jessica Watkins (Oath Keeper): DOJ Case Number 1:22-cr-15 – DOJ announcement (11/29/22)
- Dominic Pezzola (Proud Boy): DOJ Case Number: 1:21-cr-175 – DOJ announcement (9/1/23)
How Many People Died On January 6th?
Four people died on January 6th. One protestor was killed by Capitol Police, two died of heart attacks (ruled as natural causes), and one died of an accidental overdose. No police officers were killed.
Please see our January 6th Deaths post, which details the nine deaths the media most commonly associates with January 6th.
Contesting Presidential Elections
Fun fact: Did you know that two-thirds of all challenges to certifying a presidential election have actually come from Democrats?
See our earlier post, Contested Elections, for sources and details.
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References
Quick Conservative Summary Video of this Post: YouTube (@QuickConservative), Instagram (@QuickConservative), Facebook (@QuickConservative).
117th Congress (2021-2022). H.Res.24 – Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.
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Colorado Supreme Court Case No. 23SA300. (19 December 2023). Appeal Pursuant to § 1-1-113(3), C.R.S. (2023).
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Department of Justice. (2 March 2022). Leader of Alabama Chapter of Oath Keepers Pleads Guilty to Seditious Conspiracy and Obstruction of Congress for Efforts to Stop Transfer of Power Following 2020 Presidential Election.
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Department of Justice. (4 May 2023). Jury Convicts Four Leaders of the Proud Boys of Seditious Conspiracy Related to U.S. Capitol Breach.
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Department of Justice. (1 August 2023). Special Counsel Jack Smith Delivers Statement.
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Select Committee to Investigate the January 6th Attack on the United States Capitol. (22 December 2022). Final Report (House Report 117-663). See pages: 12, 29, 118, 135, 156, 525, 527, 547. Note: Cited pages refer to PDF page numbers, not page numbering as typed on the report.
Spaulding, S. & Nair, D. (29 January 2021). Understanding Insurrection and Sedition. Center for Strategic & International Studies.
U.S. Constitution as cited by the United States House of Representatives: Title 18 Part I Chapter 115 Section 2383: Rebellion or Insurrection.
U.S. Constitution as cited by the United States House of Representatives: Title 18 Part I Chapter 115 Section 2384: Seditious Conspiracy.
United States Government Accountability Office. (March 2022). Capitol Attack: Additional Actions Needed to Better Prepare Capitol Police Officers for Violent Demonstrations.
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