Seditious Kvetching: The Surprisingly Non-Trivial Defense in the Oath Keepers Prosecution - Lawfare
Today’s recommended read, where is that line crossed for each charge?
IMHO they are all seriously proven guilty, and deserving of conviction on most if not all charges, but like Roger I seriously pity the Jurors who have to come up with verdicts for all all five on multiple charges.
If seditious rhetoric alone were sufficient to prove seditious conspiracy, the prosecution against Rhodes and four compadres now playing out in U.S. District Court in Washington, D.C. would be a slam dunk. For at least two months, all these defendants engaged in or endorsed over-the-top, written and oral threats or promises to “oppose by force the authority” of the United States or to use “force to prevent, hinder and delay the execution of [the] law[s] of the United States” governing the transfer of presidential power—the two clauses of the seditious conspiracy statute under which they have been indicted. Then, during the Jan. 6 insurrection, three of these defendants—along with about 17 other Oath Keepers indicted in related cases—ascended the east Capitol steps in “stack formation” (each with his or her hand on the shoulder of the cadre ahead) in two successive waves and penetrated the building where Congress, in joint session, was due to certify Biden’s election. The spectacle of these seemingly disciplined troops, kitted out in full battle rattle—camo uniforms, helmets, tactical vests, tactical goggles, tactical gloves, and, in some cases, anti-ballistic plates, bear spray, and paracord—became perhaps the most indelible emblem of the insurrection: a coordinated, militaristic assault on our democracy.
So what’s the defense?
In two words: No plan.
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