I would be super surprised if this was not already done. The problem that once that gets to the prosecutor it fucking dies. Merrick Garland and the DOJ are compromised or spineless if you look at their track record.
I would have erred towards spineless until they called Biden old and forgetful in a fucking commentary to a case because why the fuck not, and went after Hunter Biden but could not find shit on anyone in the Trump family, because those guys are squeaky clean.
Right now the insurrectionist have:
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The supreme court + key parts of the federal courts
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DOJ support
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US post
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Local governments
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Parts of FBI
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THE WHOLE OF THE GOP and all the billions that go with it.
They are going for round 2 with the lessons learnt from round 1.
They are going for the win.
It’s half and half.