1.) People? The majority of the Proud Boys. The people in question.
2.) Anyone can be a terrorist. Even a President. If he truly attempted to incite a Coup D'Etat, I don't feel any reason not to call him a terrorist and the people who followed a terrorist... a terrorist.
And they thought they were following the word of the President? That has been thrown out since
Nuremberg.
Throughout the legal history of this defense, three different approaches have been developed: the respondeat superior doctrine, the absolute liability doctrine, and the conditional liability doctrine.
According to the respondeat superior doctrine, only the superior is accountable for the commission of the crime and not the subordinate who could successfully invoke a defense of superior orders because of a general duty to obey the orders of superiors.
In the second approach, the absolute liability doctrine, superior orders are no defense; superior orders can only be considered in mitigation of punishment. The rationale of this doctrine is that the obligation to obey superior orders is generally limited to lawful orders only.
According to the third approach, the conditional liability doctrine, acting on superior orders does not relieve the subordinate of criminal responsibility unless he or she did not know and could not reasonably have been expected to know that the order was unlawful.
The first approach, the respondeat superior doctrine, can be found in the 1914 editions of the British Manual of Military Law and the United States Rules of Land Warfare. At Nuremberg this doctrine was rejected since—reductio ad absurdum—it would lead to the result that the only person who could be held criminally liable for the crimes committed by the Nazi regime would be Hitler himself.
Instead, in the statute of the Nuremberg Tribunal the absolute liability doctrine was adopted. The absolute liability doctrine can also be found in the statutes of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The codification of the superior orders defense in Article 33(1) of the Rome Statute of the International Criminal Court (ICC) is based on the conditional liability doctrine. It provides that acting on superior orders does not relieve a person from criminal responsibility unless that person was under a legal obligation to obey, he or she did not know the order to be unlawful, and the order was not manifestly unlawful. Paragraph 2 of Article 33 excludes, however, the possibility of invoking the defense of superior orders when the acts ordered constitute genocide or crimes against humanity; in that case a rule of absolute liability applies.
So, yes. I agree with you. They clearly thought they were following the President's Instructions. The President's clearly illegal and ill-thought out instructions. The President's clearly vile instructions that if Obama and/or Biden (or God forbid Hliiary) issued to Antifa, these Proud Boys et al. would be frothing to get on the firing squad to execute those followers of the Presidents' orders that they would deem terrorists.
3.) They allowed themselves to get swayed because they didn't want to believe what actually occurred. Recount after Recount occurred, and it wasn't enough. It was never going to be enough to anyone who didn't want to believe. Because if that was the case? The first recount would have been enough.
And like you're alluding to, who started the mass migration to Alternative Fact Land? Donald Trump.
Again, not directed to you, Generals, but in all honesty with how people are trying to excuse the Republicans of their actions, you would think the base is filled with simpletons. That is patiently false. I know plenty of smart, hard-working, caring Republicans who simply believe in more money in their pocket, hard work, and limited government. They didn't lose their sense because Orange Man Says Reality Now. And honestly, I don't believe Proud Boys et al. did either. I think they were just looking for an excuse to usurp power. And people allow this by pretending that it's Reasonable to believe Adults were bamboozled to see a Reality that has no standing in the actual fact.
"I allowed myself to believe in a lie because it was more pleasant than to think I have lost therefore my actions can't be counted" is not a legal defense.
Lastly, I'm super confused. Your interpretations do not affect Litigation. Parties connected to Congress does. They call their actions Terroristic in nature. Are you claiming you interpret the law better than the Think Tanks of Congress? I mean, that's The American Congress and Canada as a whole. What do you know that these scholars do not?