18 U.S. Code § 1112 - Manslaughter
(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: Voluntary—Upon a sudden quarrel or heat of passion. Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
(b) Within the special maritime and territorial jurisdiction of the United States, whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both.
Five people died in the Jan. 6 attacks. The loss of life was predictable in light of the size of the mob, their emotional state and their use of force. Then-President Donald Trump knew that the crowd was armed, adding to the risk that someone would be killed.
Did Trump commit an act that could constitute manslaughter? His statements, during his speech, at the Ellipse in which he urged the crowd to march to the Capitol could be an act that constitutes this element. Recent evidence that this was not a “metaphorical” statement, but rather a coordinated plan, would make the statement even more egregious because it would mean that Trump had time to reflect on the potential deadly consequences of his actions.
Even if this result was not foreseeable during Trump’s speech on the Ellipse, it certainly became foreseeable during the 187 minutes that he sat watching television coverage of the mayhem at the Capitol. And even if it cannot be established that Trump caused all five deaths, such as those resulting from medical emergencies, it seems clear that he caused at least some of them.
