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For fun on a Friday night, I thought it might be fun to look at S E D I T I O N a thread.
First, what is sedition? It's a felony under the US Code. That section is titled "Advocating overthrow of Government". Defined as knowingly advocating "overthrowing or destroying the government of the US or ... any State ... or political subdivision ... by force or violence."
"DEAR" FACEBOOK: It includes anyone that "prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising ... overthrowing or destroying any government
"Dear" NRA: It includes whoever "organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of...any such society..."
It's a felony that draws jail time of "not more than twenty years.... and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction."
"Dear" GOP: "If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned...or both, and shall be ineligible for employment by the US or any department or agency thereof, for the five years."
SCOTUS has already affirmed, over 1st Amendment objection, the validity of the crime "The obvious purpose of the statute is to protect existing Government, not from change by peaceable, lawful and constitutional means, but from change by violence, revolution and terrorism."
In Dennis v. US, SCOTUS made clear that this is w/in Congress's powers "That it is within the power of the Congress to protect the Government of the United States from armed rebellion is a proposition which requires little discussion."
And SCOTUS told the future NRA to F off: "Whatever theoretical merit there may be to the argument that there is a ârightâ to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change."
Pump this in my veins: "We reject any principle of governmental helplessness in the face of preparation for revolution, which principle, carried to its logical conclusion, must lead to anarchy." Dennis v. US 341 US 494 (1954).
Sedition ain't legal: "The question with which we are concerned here is not whether Congress has such power, but whether the means which it has employed conflict with the First and Fifth Amendments to the Constitution."
For 2020, the question at hand is do we have knowing advocacy for violent, terroristic overthrow of the US or any State or local government. Clearly we do. https://en.wikipedia.org/wiki/Gretchen_Whitmer_kidnapping_plot
The next question is how broad and deep does this advocacy go? Is this close enough?
Part of that answer may lie in facts that are not yet known. Did Trump or his minions have knowledge of the plot when Trump pushed the send on this? A few good constitutionally sound search warrants might answer that.
Irony, where are thou it was "COMMUNISTS" that showed the way for our R traitors. "Petitioners intended to overthrow the US....Their conspiracy to organize the Communist Party and to teach and advocate the overthrow of the US by force... created a âclear and present dangerâ"
If you dig this kind of thing, please follow. I have a real job, and I can't really bother with the kinds of things that promote an account.
Back to the Trumpists, Trump's tweet is "stochastic terrorism" - it can be proven to increase the likelihood of terrorism, yet maintains a level of deniability. No court has ruled on whether stochastic terrorism is enough, so our best hope is real proof.
In sum: Anyone participating in a scheme to use terrorism, violence or assassination to overthrow a government can be convicted of sedition. The Really Dumb Shit they are doing in SCOTUS now is not enough. Need evidence that traitors are directly involved in calls for violence.
