No. of Recommendations: 2
Fine, whatever the legal term and section of the law, he should have been indicted as quickly as he was impeached. I have no doubt that he would have spent the rest of his life in prison if that was done.
Again, probably not. Impeachment is a different animal than a criminal case. There's no judge, there's no rules of evidence, there's no requirement that all crimes be in writing and that every element of a crime (including mens rea elements) be proven with sufficient evidence to establish beyond a reasonable doubt that the element has been met.
Not all bad things are violations of criminal statutes - and in particular, it's very hard to prove that mere speech constitutes a criminal act. That's why there was no incitement to riot charge, even though it would be perhaps the simplest of all charges to bring (there's no doubt there was a riot, dodging questions about what constitutes a rebellion or insurrection). And that's why when Jack Smith eventually brought the 1/6 indictments he did bring, there wasn't a sedition or incitement charge like in the impeachment. He relied on conspiracy and obstruction charges based on the other efforts to overturn the election.