Can You Say "Sedition"?
By divalounger
@divalounger (6117)
United States
June 16, 2022 5:46pm CST
Here is the federal statute which defines sedition. Sedition is defined as inciting, setting on foot, assisting, or engaging in any rebellion or insurrection against the authority of the US or the laws of the US. If found guilty of sedition, one may spend up to 10 years in prison and/or be fined, and will be prohibited from holding any public office. 18 USC Ch. 115, §2383.
The crime involves creating a revolt, disturbance, or violence against lawful civil authority with the intent to cause its overthrow or destruction.
Seditious conspiracy is defined as two or more persons conspiring to overthrow, put down, destroy by force the Government of the US, to levy war against the US, or to oppose the US authority by force, to prevent, hinder, or delay the execution of any US law by force, or to seize, take, or possess any property of the United States by force and in contravention of US authority. The crime is punishable by up to 20 years in prison. 18 USC Ch. 115, §2384.
Seditious conspiracy requires both an agreement and an act or acts in furtherance of the conspiratorial object of the agreement. The agreement must be made intentionally or knowingly.
Plausible deniability or "I didn't intend for this to happen" or "I didn't know that they would do this" is a defense to seditious conspiracy.
Keep these definitions in mind during the unfolding of the January 6th committee hearings. I suspect there may be indictments coming out of these hearings. Based on today's testimony and evidence, I suspect John Eastman will be indicted.
Consider the following:
Eastman, who was advising Trump, knew that the plan he was hatching with Trump was violated the Electoral Count Act, and that his argument would lose in court. Knowledge that the plot was illegal is significant when it comes to proving whether the Jan. 6 plotters committed a crime. Eastman knew he was breaking the law and he asked for a pardon which was not granted.
Pence has said that rejecting Trump’s plot was the “most important thing” he’d ever say. This statement is evidence that Pence was fully aware of the nature of his actions on January 6. This mitigates against the argument that what happened on Jan. 6 wasn’t a big deal.
This is day 3 of the hearings--stay tuned for what happens next.
9 people like this
5 responses
@everwonderwhy (7365)
•
17 Aug 22
Interesting point of view. As always, history repeats itself. The good, the humble, and the honorable intents of the heart always follow victory and peace.
"Pride goes before destruction, and an arrogant spirit before a fall." As the wise old sages' saying goes.
3 people like this
@divalounger (6117)
• United States
20 Aug 22
I agree that goodness follows peace. I am not seeing a lot of that these days though.
1 person likes this
@everwonderwhy (7365)
•
11 Sep 22
@TheHorse Careful in what you wish for toward others. Usually, they bounce back at the one saying it. Curse or bless?
2 people like this
@divalounger (6117)
• United States
30 Aug 22
Me too! It does feel like we are at a pivotal point in history.
2 people like this
@divalounger (6117)
• United States
31 Aug 22
@DianneN It will be interesting for sure--
1 person likes this
@DianneN (247186)
• United States
30 Aug 22
@divalounger Oh, definitely! I’m dying to see what happens in the end.
2 people like this
@TheHorse (220068)
• Walnut Creek, California
9 Sep 22
This is what has always worried me. Trump may be a "cunning" man, but he is not a "bright" man.
Could his (current batch of) lawyers use this as a defense against charges of sedition?
Ironically, said lawyers would have to use as a defense the very things that some Trump supporters claim not to believe: his early dyslexia, his sense of inferiority because of his father's early rejection and his mother's illness, his general illiteracy and his illiteracy about American politics, his lack of a moral compass, etc.
Wouldn't it be funny, in a (funny gaga kind of way), if his defense lawyers cited insights from Mary Trump's book in defense of Donald Trump?
@Plethos (13581)
• United States
17 Jun 22
@divalounger - the whole 2016 russian thing.
2 people like this
@divalounger (6117)
• United States
17 Jun 22
@Plethos you mean Trump's involvement with Russia?
1 person likes this
@LindaOHio (181233)
• United States
17 Jun 22
I will be interested in seeing how this all ends up. Have a great day.
2 people like this
@divalounger (6117)
• United States
17 Jun 22
Me too! Hope you have a great one as well!
1 person likes this