Images show that three men that traveled to Washington D.C to take part in last week’s failed insurrection at the U.S. Capitol also on Dec 21st participated in efforts to storm the Oregon Capitol building Dec. 21
Images from national television and on social media show it appears that two of the men inside the U.S. Capitol as part of the mob attack votes for President-elect Joe Biden. The third man was part of the mob but there is no evidence to show he entered the building.
Those men appearance matches with Tim Davis, 59, of Springfield and David Anthony Medina, 31, from Sherwood;; but a third man who cannot be identified by name appears to be the same person. None of the men have faced criminal charges for participating in either rally.
But what is Insurrection Act
According to United States federal law; The Act empowers the U.S. president to call into service the U.S. Armed Forces and the National Guard:
-when requested by a state’s legislature, or governor if the legislature cannot be convened, to address an insurrection against that state (§ 251),
-to address an insurrection, in any state, which makes it impracticable to enforce the law (§ 252), or
-to address an insurrection, domestic violence, unlawful combination or conspiracy, in any state, which results in the deprivation of Constitutionally-secured rights, and where the state is unable, fails, or refuses to protect said rights (§ 253).
The 1807 Act replaced the earlier Calling Forth Act of 1792, which had allowed for federalization of state militias, with similar language that allowed either for federalization of state militias or use of the regular armed forces in the case of rebellion against a state government.:60
The 1807 Act has been modified twice. In 1861, a new section was added allowing the federal government to use the National Guard and armed forces against the will of the state government in the case of “rebellion against the authority of the government of the United States,” in anticipation of continued unrest after the Civil War. In 1871, the Third Enforcement Act revised this section (§ 253) to protect Black Americans from attacks by the Ku Klux Klan. The language added at that time allows the federal government to use the act to enforce the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.:63–64 This section of the act was invoked during the Reconstruction era, and again during desegregation fights during the Civil Rights Era.
The chief clause of the Insurrection Act, in its original 1807 wording (which has been thoroughly updated since to reflect modern legalese), reads:
An Act authorizing the employment of the land and naval forces of the United States, in cases of insurrections Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.
In 2016, Public Law 114-328 was amended to include Guam and the US Virgin Islands under Ch. 13 jurisdiction. §252: “Use of militia and armed forces to enforce Federal authority” currently reads:
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
Read the full story about these 3 men in this link : https://www.opb.org/article/2021/01/10/oregon-washington-protest-insurrection-david-anthony-medina-tim-davis/