1. For the members of the @SenateGOP @HouseGOP who don't know how conspiracy liability works let me explain. Let's assume Senator Sam tells freinds he agrees with Flynn that troops should move to put Trump in power on Jan 20. Assume overt act committed by another conspirator.
2. Is Senator Sam criminally liable for conspiring to overthrow the US? Did he have to communicate his agreement to Flynn? I don't think so. Now assume Flynn is generally condemned and backs away but Senator Sam does not openly and fully withdraw from the conspiracy.
3. Weeks go by and the coup plotters begin their attack. Even though Senator Sam did not actively engage in any force, he agreed with Flynn that it should occur and did not withdraw. I think he can be charged for sedicious conspiracy under 18 USC 2384. Crime carries 20 years.
4. In addition, by agreeing with Flynn, Senator Sam has also violated 18 U.S. Code § 2385 - Advocating overthrow of Government. Another 20 year maximum sentence and 5 year govt employment for five years after conviction.
5. 18 U.S. Code § 2383 - Rebellion or insurrection18 U.S. could also be charged and would add another potential 10 years of imprisonment and bars holding any official office for life.
6. The point is, Flynn after his pardon went on TV and committed a major federal crime. Advocating overthrow. Many people perhaps unaware it was a crime rushed to be on team Flynn. Perhaps they woke up but by then they had already joined and their criminal liability didn't abate.
7. By not withdrawing with what the law calls a "noisy withdrawal" they are still all-in for reasonably foreseeable crimes related to the coup d'état they joined. There are a lot of people in prison who did dumb stuff. What's a few more?
8. And the @FBIWFO likely also knows these are crimes and as soon as Flynn committed the initial call to overthrow, they likely lit him and anyone around him up with surveillance not to mention every foreign intelligence service in DC. Assume meetings, calls, texts and
9. emails were all subject to lawful court ordered surveillance because these nitwits committed an obvious felony. And now Josh is going to put every member of the @SenateGOP in the barrel with him. They can avoid liablity but they won't. And we want to thank them for being
10. just some more dumb criminals.
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