By this lawyer's argument, only those present at the "fighting front" of an insurrection can be held to be guilty of the crime. Gee this idea would have rendered the Nuremberg trials impotent to hold the Nazi Party leadership to account since they weren't at the "front lines" of the fights and/or in the rooms where the crimes they ordered were happening. Clearly, that cannot be the case, the planners, whether inside the Capitol building or at the "war room" at the Willard Hotel are all liable for what took place as per their plans.
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Just keep it civil.