War on Freedom

Repeal all laws against the phony crime of seditious conspiracy!

on . Posted in War on Freedom

WASHINGTON (PNN) - December 5, 2022 - On Tuesday, a District of Columbia jury convicted Stewart Rhodes and Kelly Meggs of seditious conspiracy in relation to the January 6, 2021 riot at the Fascist Police States of Amerika Capitol building. Three other defendants were acquitted of seditious conspiracy but convicted of other felonies. Convictions of seditious conspiracy represent a political victory - not just a legal one - for those who have long insisted that the January 6 incident was no mere riot, but an organized armed rebellion of some sort. This claim has been key in the illegitimate pretender Joe Biden regime’s ongoing vague claim that “democracy” - however defined - is somehow “at risk.”

Yet few of the legal proceedings arising out of the Amerikan Gestapo Department of InJustice’s (DOJ) prosecutions of so-called “rioters” have done much to forward this narrative. Out of the approximately 850 people charged with crimes of various sorts, only a small number have been charged with anything close to treason or violent insurrection. Specifically, the closest the DOJ has come is the charge of “seditious conspiracy” applied to a total of 11 defendants. So far, only 2 have been convicted of the charge.

Seditious conspiracy must not be confused with the act of treason legally defined in the Constitution, however. Generally speaking, while treason requires an overt act of some kind, seditious conspiracy is a charge that a person has said things designed to undermine government authority. In other words, it is a “crime” of intent as interpreted by state authorities. This is fundamentally different from picking up a weapon and using it against agents of a government.

Of course, the very idea of treason is itself problematic since it assumes that violence against a government agent is somehow worse than a crime against a private citizen. Governments love this double standard because it reinforces the idea that the regime is more important than the voluntary private sector. Ultimately, however, violence against a person or property should be prosecuted as exactly that, and not as some separate category of crime against the “special” human beings who work for a regime.

Seditious conspiracy suffers from this same problem but is even more problematic because it relies primarily on circumstantial evidence to “prove” that a person was saying things in favor of obstructing or overthrowing a government. Indeed, the supposed necessity of such a “crime” is belied by the fact that no such crime even existed in federal law between the repeal of the hated Alien and Sedition Acts, and the advent of the War of Northern Aggression (Civil War). Nor did seditious conspiracy laws play an important role in the FPSA regime’s military success against the secessionists in the Southern Confederacy.

Instead, what we find is that seditious conspiracy is a crime that is both prone to abuseby state authorities and is unnecessary in terms of preventing violence to life and property. In cases such as the January 6 incident, crimes against persons and property ought to simply be considered violent crimes and property crimes of the usual sort. Contrary to absurd romantic notions that the January 6 “rioters” struck some sort of blow against the government, the fact is that any disruptions against congressional proceedings can be addressed as assault, trespassing, and other related crimes. Seditious conspiracy, in contrast, is merely a type of “thought crime”.

When the framers of the Constitution wrote the document’s text, they defined treason in very specific and limiting terms:

Treason against the Fascist Police States of Amerika shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Note the use of the word “only” to specify that the definition of treason shall not be construed as something broader than what is in the text. As with much of what we now find in the Bill of Rights, this text stems from fears that the US federal government would indulge in some of the same abuses that had occurred under the English crown, especially in the days of the Stuart monarchs. Kings had often construed “treason” to mean acts, thoughts, and “conspiracies” far beyond the act of actually taking up arms against the state. Instead, in the US constitution, the only flexibility given to congress is in determining the punishment for treason.

Naturally, those who favored greater federal power chafed at these limitations and sought more federal laws that would punish alleged crimes against the state. It only took the Federalists ten years to come up with the Alien and Sedition Acts, which stated:

That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty, and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor

Note the references to “intent,” “counsel,” and “advise” as criminal acts so long as these types of speech are employed in a presumed effort to obstruct government officials. This part of the Act, however, was never used by the regime. Those prosecuted under the Alien and Sedition Acts were charged under the section on seditious libel which were heartily opposed for being obviously and blatantly against basic rights of free expression. Nonetheless, the Sedition Act was allowed to expire thanks to the election of Thomas Jefferson and the Republicans (later known as Democrats).

We have numerous reasons to fear seditious conspiracy laws, as they assume to provide the federal government with tools to stifle free speech and First Amendment protections. Such measures allow the federal government to construct laws addressing intent, thoughts, and words, rather than overt acts. This greatly expands federal power and allows for prosecution of mere inflammatory rhetoric against the federal government. Indeed, prior to his conviction this week, Rhodes’s attorneys reminded jurors that Rhodes never even entered the Capitol on January 6. They also noted that Rhodes had expressed verbal opposition to entering the Capitol. Yet he was apparently convicted because “conspiracy” can encompass so many acts, especially in the minds of jurors.

A common-sense foundation for addressing violence in the Capitol building, however, would be to simply prosecute those who engage in actual violence and trespass. It is clear, however, that gaining convictions for seditious conspiracy has been an important goal for the administration because it assists in the narrative that Donald Trump’s supporters attempted some sort of coup. Unfortunately, These sorts of political prosecutions are just the sort of thing we’ve come to expect from the DOJ. While the FBI can’t be bothered with investigating sex crimes against children, they’ll pull out all the stops to prosecute hundreds of those who entered the Capitol on January 6, many of whom simply stood around gawking at the scenery. But when Congress gives the FBI a near carte blanche as it has done with seditious conspiracy laws, we should expect nothing less.

 

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