They can sue yet I think their chances of winning aren’t very good. The plaintiffs would need to prove the defendants colluded or acted together for some reason to cause intentional harm to some group in a proximal way, and I think that finding they sought to harm the N.A.A.C.P. or some other racial group is unrealistic and improbable.
Democrats seeking to marginalize Republicans by associating them with racism primarily miss the point on the numerous other political issues that brought American populism to support Trump as the rest of the Republican party seemed to be global corporatist ‘deep state’ people. Democrats have drifted a long way from the Occupy Wall Street movement of correction toward the k-ass Wal-Street side of things. Not all people that vote Republican are rich.
Someone wrote a diatribe enumerating all of the things Democrats hate loosely in response to a question I asked. I won’t try that here, yet I encourage Democrats to think and use sober logic in regard to the fate and security of the nation, its people and borders. Even political philosophy and political economy could change. What about socialism for the bottom 25% of Americans and capitalism for the 75% above? Maybe the two could coexist instead of being portrayed as mutually exclusive. If the poor had a national safety net with guaranteed minimum income, health and dental care and education through graduate school no-one would be excluded from a productive life and the well-off would be motivated to find a way to employ the poor instead of deploring them, so the rich would not need to pay taxes to support them.
Reading this historical sketch of the KKK act of 1871 it seems the purpose was to stop intimidation of the 4 million southern blacks that were freed former slaves. Grant gave some southern states the right to suspend habeas corpus and other measures to reign in the Klan terror. That situation doesn’t seem especially relevant for the capitol riot at all. Maybe it could be used equally superfluously to contain Black Lives Matter rioters or Antifa intifadah. Suspending habeas corpus is a pretty extreme measure in a free society today. The Ku Klux Klan Act of 1871 | US House of Representatives: History, Art & Archives
Even more curious is that the martial law and suspension of habeas corpus measures might have been the cause for SCOTUS declaring the act unconstitutional in 1872. Ku Klux Act passed by Congress
It is an interesting juxtaposition of issues; if there wasn’t a real insurrection- that is one that meets a U.S. legal description, and Democrats brought a bogus charge and technically met the criterion of breaking vestigial elements of 42 U.S. Code § 1985 – Conspiracy to interfere with civil rights was it o.k. to do that using a legal tool with a false premise in order to actualize a pre-existing condition of conspiracy to take down Trump by any means.