If on January 6, 2021 Senators or Congress people from within the Capitol building had been communicating with the mob outside, what could be the consequences for these actions?

To make matters even worse, if they had actually been co-coordinating i.e. revealing the exact locations of particular offices ...wouldn't that constitute some form of violation of their oath of office?

2 Answers 2


Such communication, if it assisted the intruders to break the law, might be considered to constitute "aiding and abetting" or conspiracy. But communication that did not assist in some illegal action would not be illegal as far as I can see.


There's a quite specific problem, under the Disqualification Clause of Section 3 of the 14th Amendment to the US Constitution. If any senator or representative engaged in "insurrection or rebellion" against the United States, they are thereby disqualified from office.

This was passed in the aftermath of the Civil War, when Congress objected to the election of "unrepentant" Confederates. It has already been raised in Congress in the context of the events of January 6th.

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