Did someone say Seditious Conspiracy?

According to a Mother Jones article, entitled FBI Seizes Oath Keeper Lawyer’s Phone in “Seditious Conspiracy” Investigation, the Department of Justice is looking into Seditious Conspiracy charges in connection with the January 6 MAGA riot to stop the final certification of Biden’s victory/Trump’s electoral loss. You will google this story in vain, no other media has published a peep about this search warrant or the investigation into Seditious Conspiracy.

Glenn Kirschner did a piece on the warrant and the seditious conspiracy investigation at the time, based on the Mother Jones reporting, and noted that it is encouraging, a sign that the DOJ is putting its prosecutorial ducks in a row for a real prosecution of the conspiracy to overturn the 2020 election. It is a conspiracy there is ample, public evidence for. The evidence demonstrates intent, the involvement of numerous co-conspirators, and dark money funders of the conspiracy [1], with new pieces of graphic evidence emerging daily.

Yesterday we had this one from the NY Times, about a legal memo outlining various vote fraud conspiracy theories and explaining why they were unfounded, conspiracy theories that, though debunked, were nonetheless lyingly deployed in the conspiracy to overturn, and steal the “stolen” election. After Trump’s team got this memo, on November 13, dismissing as baseless each of these wild counterfactual conspiracies, they went to court to make meritless legal claims based on information they knew to be false. The Times report begins:

Two weeks after the 2020 election, a team of lawyers closely allied with Donald J. Trump held a widely watched news conference at the Republican Party’s headquarters in Washington. At the event, they laid out a bizarre conspiracy theory claiming that a voting machine company had worked with an election software firm, the financier George Soros and Venezuela to steal the presidential contest from Mr. Trump.

But there was a problem for the Trump team, according to court documents released on Monday evening.

By the time the news conference occurred on Nov. 19, Mr. Trump’s campaign had already prepared an internal memo on many of the outlandish claims about the company, Dominion Voting Systems, and the separate software company, Smartmatic. The memo had determined that those allegations were untrue.

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The legal memo referred to in the article (and linked to above) examines claims like the CEO of Dominion Voting Machines having ties to Antifa. It concludes he does not. The memo appears to be silent on Q’s role in the resurrection of a dead Venezuelan socialist and his apparent zombie involvement in the stealing of the disputed election for Chinese Communist Puppet Biden, with the assistance of Italian anti-democracy hackers. No connection was found, the memo reported, between Dominion Voting Machines and the notorious, shady, sneaky, radical Communist Jew George Soros.

One troubling aspect of the memo Glenn Kirschner referred to as a blueprint for insurrection (wait, that was the other memo, written by former law professor, then Trump-lawyer John Eastman, which described an insane claim Pence could make to swing the election to Trump on January 6– I’ll put a link to this batshit crazy memo in a future post [2]), is its heavy reliance on the NY Times and Washington Post to dispute claims Trump and his followers continue to make. Like so (though this bit cites AP):

What the hell’s up with that? Trump lawyers citing the fake media?!!!

Here’s the text of the law, 18 USC Section 2384, Seditious Conspiracy:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined or imprisoned not more than 20 years, or both. For a seditious conspiracy charge to be effected, a crime need only be planned, it need not be actually attempted.

Let’s look at just a few elements of the conspiracy to use force to prevent, hinder or delay the execution of law of the United States (note, the Trump-incited MAGA riot tried to prevent, and succeeded in hindering and delaying, the vote certification that is the last official act by Congress to ensure the peaceful transfer of power).

A president loses his bid for re-election, but not to worry. He has set the stage for contesting the results, by repeatedly claiming the only way he could lose was by massive voter fraud. There has been no proof of widespread voter fraud in any American election in recent decades. The diligent, ideologically-driven fraud hunting voter fraud myth promoters that support people like the former president have found about 1 fraudulent vote per million, according to their database that goes back to 1982. The candidate brought literally hundreds (300?) cases in various courts before the election, attempting to limit the number of ballots that could be cast in contested states.

Low turnout has historically helped his minority party. His hand-picked Postmaster General, a “mega-donor” to his campaign, took valiant, brazen steps to slow the mail and limit the votes in urban districts, places the president and his gunsel had designated enemy territory– Anarchist Jurisdictions — by removing and dismantling high speed mail-sorting machines. The former president’s cabinet level supporters constantly warned the public of unfounded, but theoretically possible, potential massive electoral fraud in urban Anarchist Jurisdictions where the former president was understandably hated for simply protecting his religious, rural base.

The election featured massive voter turnout, the largest in American history, during a pandemic that was surging as the election got closer. Every attempt was made by the Republican National Committee to thwart mail-in voting, the safe from of voting favored by anti-Covid Democrats. Republicans, the pro-freedom, pro-COVID party, were willing to show up in numbers, in person, maskless and proud, to support their candidate. To the dismay of the MAGA faithful, record numbers of Democrats stood on line for hours, masked and keeping a safe distance on line, to vote in person. Trump bragged about getting the most votes ever for an incumbent, 74,000,000, which was true, oddly enough. As for the record 81,000,000 votes his opponent got — fake news! Fraud. Communists, anarchists, antifascists, Antifa!!! and other enemies, plotting, stealing and lying, as they always do. The former president lost every one of the sixty post-election cases his myrmidons brought in various courts, he lost for lack of evidence, for lack of any credible legal claim. Fake judges, disloyal, sickening, a conspiracy against a great president, an ongoing miscarriage of justice!

All of this is well-known, by anybody who does not live in Rupert Murdoch’s echo chamber (or the unimaginably even more fair and balanced Newsmax, OANN, Breitbart, Der Sturmer). Then, on January 6, the day a joint session of Congress officially certifies the election, results of which were recounted, more than once, in more than one state the former president lost, the Orange Polyp plans a rally. A huge, wild rally he tweets to his followers they must attend. A gigantic crowd shows up, spurred, in part, by $50,000,000 in ad buys to promote the stolen election. Say that again? FIFTY MILLION DOLLARS IN ADS (PAID FOR BY “DARK MONEY”) TO CONVINCE AMERICANS THE ELECTION HAD BEEN STOLEN [3]. Before the stirring speeches about a stolen landslide victory and the need to fight like hell to take back our country, a stirring propaganda video, portraying American carnage and Trump as our only savior, was played on a giant screen behind the bulletproofed podium in front of the barricaded White House where the president would deliver the final remarks prior to the march on the Capitol [4].

The large crowd that marched down to the Capitol, along with Trump himself, thankfully, did not all choose to break the law by attacking police and storming the building. Had the entire crowd surged in behind the violent leaders it is likely that many lives would have been lost in the fight for the Capitol. An unknown number of the boldest and most violent, an estimated 800, stormed the building to disrupt the final certification of Trump’s loss. Bands roamed the halls calling for Mike Pence and Nancy Pelosi, to kill them and decapitate the line of succession (apparently they hadn’t googled “third in line” or they’d have also been after President pro tempore of the Senate, Chuck Grassley). When the National Guard finally arrived hours later, after Capitol police had been instructed not to use anti-riot gear against the surging MAGA mob, and surrounded the building, they did not corral and mass arrest the hundreds who had broken down barricades and assaulted the police, as the law-abiding among us might have assumed, the pro-Trump mob was allowed to peacefully disperse. Eventually about 600 of these folks were tracked down and arrested, charged with various fairly minor crimes. The first plea deals have been made with a small wave of these defendants.

America heard Trump violate every letter of the Georgia law in a recording of the early January call when he tried to cajole, influence, threaten, convince, persuade, pressure, intimidate, and otherwise move Secretary of State Brad Raffensberger to give him a break and just “find 11,780 votes, which is one more than we have.” No consequence, nine months later, though there is an ongoing criminal investigation in Fulton County that has not been reported on since the grand jury was convened in April. So, why WOULDN’T Trump try again with Raffensberger, this time with an even bolder lie?

When the Abu Ghraib torture and prisoner abuse story broke, a couple of grunts, who’d taken selfies with prisoners they were humiliating, per the directives of Donald Rumsfeld and Dick Cheney, were eventually prosecuted and thrown into prison. The architects of the torture program, those who wrote the tortured legal justification for illegal “enhanced interrogation” (it’s not torture unless the pain is like organ failure) and war mongers like Dick “Other Priorities” Cheney, Donald Rumsfeld who gave the orders for Americans to “go to the dark side”, after ensuring secrecy at torture sites, suffered no consequences at all, outside of lifetime university tenure (John Fucking Yoo), a lifetime federal judgeship (Jay Fucking Bybee) and other honors, along with their comfortable lives.

So you can convict a bunch of zealous, hopped up grunts in Trump’s ragtag, extra-legal army, put a few in jail, but how does this do anything to prevent the repeat of this kind of violent putsch? Without holding the planners, organizers, funders and inciters of the riot accountable, and prosecuting them for instigating a seditious riot, the hope for avoiding the next one is approximately… none. We learned that $3,500,000 was paid to the organizers of the “event” — who, exactly, got paid, for what [3]? Why no charges for seditious conspiracy against the rioters who stormed and defaced the Capitol to prevent the peaceful transfer of power?

We learn:

Last summer, then-Deputy Attorney General Jeffrey Rosen sent a memo allowing federal prosecutors to consider sedition charges against police reform demonstrators, particularly in Portland, Oregon, where clashes between rioters and federal authorities raged outside a federal courthouse. It was never used.

But the memo said the Justice Department believed the statute doesn’t require proof of a plot to overthrow the government and could also be used when a defendant tries to oppose the government’s authority by force.

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Fair is fair, justice is justice, the status quo is the status quo and good enough will just have to do. Merrick Garland was tearful at his confirmation hearing, expressing gratitude for this beloved country that had rescued his family from death at the hands of a prior iteration of Trumpism, back in Germany in the 1930s and 1940s. So far, scrupulous about appearing fair and impartial, he has not shown the stomach to stand up in the fight against unprincipled zealots, united behind clearly disprovable lies, and ready to do whatever it takes to make this country great again, including physically attacking and massacring whatever hated enemies need to be taken out of the way, including many Blue Lives Matter traitors, or generals, who believe the rule of law is more important than allowing a very stable genius to continue his world-changing work of making this country great again.

[1]

Senator Sheldon Whitehouse, a Democrat from Rhode Island who has tracked the flow of dark money in American politics, told me that a “flotilla of front groups” once focussed on advancing such conservative causes as capturing the courts and opposing abortion have now “more or less shifted to work on the voter-suppression thing.” These groups have cast their campaigns as high-minded attempts to maintain “election integrity,” but Whitehouse believes that they are in fact tampering with the guardrails of democracy.

One of the movement’s leaders is the Heritage Foundation, the prominent conservative think tank in Washington, D.C. It has been working with the American Legislative Exchange Council (alec)—a corporate-funded nonprofit that generates model laws for state legislators—on ways to impose new voting restrictions. Among those deep in the fight is Leonard Leo, a chairman of the Federalist Society, the legal organization known for its decades-long campaign to fill the courts with conservative judges. In February, 2020, the Judicial Education Project, a group tied to Leo, quietly rebranded itself as the Honest Elections Project, which subsequently filed briefs at the Supreme Court, and in numerous states, opposing mail-in ballots and other reforms that have made it easier for people to vote.

Another newcomer to the cause is the Election Integrity Project California. And a group called FreedomWorks, which once concentrated on opposing government regulation, is now demanding expanded government regulation of voters, with a project called the National Election Protection Initiative.

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[2]

We now know that Donald Trump’s scheme to steal the 2020 election was put into writing, and we can all read it. Call it the Trump coup memo: John Eastman, a lawyer representing Trump, wrote a memo outlining how Vice President Pence could supposedly subvert Trump’s election loss in Congress on Jan. 6, the day of the violent mob assault on the Capitol.

After the news broke that this memo existed, CNN posted the full text online. It further underscores the argument that schemes like this one illustrate the need for reforming how Congress counts the electoral college votes, lest something like this succeed in the future.

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[3]

What fraction of the money Mr. Trump did spend after the election was plowed mostly into a public-relations campaign and to keep his perpetual fund-raising machine whirring, with nearly $50 million going toward online advertising, text-message outreach and a small television ad campaign.

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[4]

I’d never seen this video, until more than a month after the riot. The two minute propaganda video, apparently narrated by Trump himself and fired up with a triumphant hiphop soundtrack, begins at 1 minute 19 in this youTube, and resumes at 6:56, 8:54 and afterwards.

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