Monday, December 5, 2022

Oath Keepers Convicted of Seditious Conspiracy; DJT Disavows Constitution


A Washington DC jury convicted the Oath Keepers’ leader, Elmer Stuart Rhodes, and one associate of seditious conspiracy. The jury also convicted three other associates of interfering with an official proceeding (the certifying of the election from the state electors). Rhodes, a veteran, and attorney, formed the Oath Keepers in 2009, after the election of Barack Obama as President. He claimed he expected Obama to seize legally held weapons and the nation would need militias to fight back.

He organized his militia forces to come to the city to be a force against the Antifa forces he expected to find in control of the city. According to the report in the New York Times, he also believed the Chinese were in control of the incoming Biden administration and that Antifa would overrun the White House and kidnap the sitting president. It seems that he was becoming a victim of his own propaganda and that of other right-wing extremists. There were no organized forces of Antifa in DC that week; in fact, a facet of the so-called Antifa is the lack of organization. (Antifa is an abbreviation for ‘anti-fascists’.) Antifa was involved in demonstrations in Portland, probably some BLM protests and other protests against extremist groups.

Although he was not in the Capitol on January sixth, Rhodes was in the city and directed his militias to advance into the building in a military formation. The fatigue-clad forces, complete with body armor, are visible in separate columns on multiple TV feeds from that day. He further admitted banking weapons outside the city as he expected to have the President call for the military occupation of the city to keep his administration in power. He believed in the Stop the Steal movement over the “stolen election” and he wanted his guys to answer the expected call. With emails, other internet posts, and voice mails, he widely broadcast his ideas. He also claimed the police knew of his plans. All of his public protest and a detailed prosecution from the Department of Justice brought about this conviction.

To date, as reported by The Insider, 950 people were arrested for activities at the Capitol; 458 have pleaded guilty so far.

The US Code defines Seditious Conspiracy, Rebellion, and Treason as:

§    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 under this title or imprisoned not more than twenty years, or both.”

§    2383. Rebellion or insurrection.

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” 

§      2382. Misprision of treason.

“Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.”

 

  As described by the Washington Post, white men are seldom charged with seditious conspiracy, and even less frequently, convicted. The Puerto Rican separatists who fired shots in the Capitol in the 1950s were convicted, as were some Muslim radicals in the 1990s. However, some white supremacists charged in Arkansas were acquitted, as were some right-wing militia members who were charged with plotting against the government in Michigan.

During the Second World War, one argument in favor of the Japanese internment camps was that they were as a “foreign ethnic group” more likely to rise against the government than were the many millions of descendants of Germans and Italians living here, who were believed to be better assimilated. Not surprisingly, the Hitler government, long before the war involved American troops, tried to enlist white Americans in its fascist movements. I should note here that minority troops, such as the African Americans, whether foot soldiers or Tuskeekee Airmen, fought fiercely in the war; the Japanese troops, used in the European theater, also were known for their bravery. One, a resident of Hawaii, Daniel Inouye, lost an arm and later became a US Congressman and then a Senator after Hawaii became a state. His unit, the 442nd, was one of the most decorated units in the war.

In other news, the former president, after getting enormous pushback about his dinner with the two white supremacists/anti-semites mentioned last week, continues on.

The White House, in a powerful statement, said, according to Politico:

“I just want to make a few things clear: The Holocaust happened. Hitler was a demonic figure,” Biden said in a tweet. “And instead of giving it a platform, our political leaders should be calling out and rejecting antisemitism wherever it hides. Silence is complicity.’

Of course, the pushback from Republicans has been tepid at best, although Pence, McConnell, and Pompeo issued statements. Kevin McCarthy dithered, as usual, but then he is trying to keep his unruly caucus in line and not doing well. Two Congressmen died this week, one Republican and one Democrat. While those deaths are regrettable, they will not affect the power balance in the House. However, more deaths might cause changes.

Now, it seems, the former president is showing his true colors. In a rambling statement this week, he demanded that the Constitution be suspended so that the authorities could rightfully reinstate him as president.

According to Politico:

“On his own social media platform Saturday morning, Trump said falsely that there was widespread fraud in the 2020 election and argued that unprecedented measures were, therefore, called for to return him to office. “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump posted.”

Reps. Liz Cheney and Adam Kinzinger, both Republican members of the Jan 6th Committee, called him out for not supporting the Constitution. Some have said that these remarks show he wants an autocracy or even a dictatorship. However, few Republicans would say that they would not support him if he truly becomes the nominee. Certainly, a nightmare scenario, to be sure!

The White House responded, according to Politico:

“The White House on Saturday responded to Donald Trump calling for the suspension of the Constitution to overturn the 2020 election, saying in a statement, “You cannot only love America when you win.”

“The Constitution brings the American people together—regardless of party—and elected leaders swear to uphold it,” White House spokesperson Andrew Bates said. “Attacking the Constitution and all it stands for is anathema to the soul of our nation, and should be universally condemned.”

Are these all attention-getting tactics to divert the public from realizing that many prosecutions are closing in on the MAGA world? In New York, the trial of tax fraud for his company is nearing an end. Even though he attempted to move his businesses out of New York, the courts said no. The House of Representatives now has six years of his tax returns; many are wondering what these documents hold. The 11th Circuit Appeals Court has dismissed the Special Master in the Mar-a-Lago documents case and reprimanded the lower court judge who was hand-picked by DJT’s team. The courts also ordered his former Chief of Staff, Mark Meadows, to testify in the Georgia elections interference inquiry. The Special Counselor appointed to oversee the two major issues (Documents and the Insurrection) is already on the job and has filed against some of his attorneys’ motions. More White House staff, specifically his White House attorneys, have testified before the Federal grand jury. It certainly seems as if the real world, where most people live, is closing in on him and his rampant disregard for the Rule of Law. I so hope they convict him of every one of these transgressions so that the country can move onward and away from this seven-year nightmare.

A few quick words about the Arizona elections. Despite some counties claiming fraud and refusing to certify the results, the Republicans in charge have moved forward and certified the results. Despite Kelli Lake rushing off to Mar-a-Lago and threatening lawsuits, she lost. I briefly saw some protests at the hearings about the certifications; some of those people were deranged and babbling. Too much sun in Arizona this year?

Finally, the Georgia Senate run-off election is on Tuesday. Already 1.8 million voters showed up during the early voting period. There are 7 million registered voters in Georgia. In the November election, neither candidate Warnock nor Walker got over 50% of the vote, but they each came close with Warnock at 49,4% and Walker at 48.5%. (About 36,000 votes separated the two among the approximately 3.8 million primary votes cast.) I, along with most Democrats, am rooting for Senator Warnock, as Walker is clearly unqualified. We shall soon know. I am keeping my fingers crossed.

 

“Til next week-Peace!

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