he's asking whether state courts have jurisdiction to hear
by airborneirish (2024-03-04 16:51:48)

In reply to: As a lawyer, I will, of course, take issue with your....  posted by Marine Domer


federal criminal cases. the answer is generally no, and at most a state court would have concurrent jurisdiction where both the state and feds have criminalized something. There are no states that have criminalized insurrection against the US though there are states, including Colorado, who have criminalized insurrection against that state.

Jurisdiction in the case of treason and insurrection is still not cut and dry. Johnson wanted to try Davis in a us district court in Virginia following the civil war. An argument was made by then US AG Speed that Davis ought to be tried via military tribunal https://openyls.law.yale.edu/bitstream/handle/20.500.13051/11198/70_24YaleLJ669_1914_1915_.pdf?sequence=2

A state court ought not have jurisdiction over insurrection against the United states.