What Is Seditious Conspiracy?

Here is the federal law defining the offense of “seditious conspiracy.”

18 USC §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.(Emphases added)

Is this provision relevant today? Discuss.

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Trump to Capitol Rioters: ‘We Love You. You’re Very Special…but Go Home.’

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President Donald Trump urged his supporters currently vandalizing the U.S. Capitol building to go home in a recorded video statement that also validated their reason for rioting.

“I know your pain. I know your hurt. We had an election that was stolen from us,” said Trump in the brief minute-long video. “But you have to go home now. We have to have peace. We have to have law and order. We have to respect our great people in law and order.”

“This was a fraudulent election but we can’t play into the hands of these people. We have to have peace,” he continued. “We love you. You’re very special. You see the way others are treated that are so bad and so evil but go home and go home in peace.”

The president’s claims of widespread election fraud had become increasingly meritless and conspiratorial in the days leading up to the Georgia runoff elections. They don’t appear to be dying down anytime soon.

Per reporting from Maggie Haberman at The New York Times, Trump had to be cajoled by his staff into making even this rather weak plea, instead spending much of the day fuming over Vice President Mike Pence refusing to stop the tally of Electoral College votes that was supposed to be completed today.

Meanwhile, Trump supporters at the Capitol smashed up Democratic House Speaker Nancy Pelosi’s office, and an explosive device was discovered at the Republican National Committee headquarters in Washington, D.C.

In addition to his statement, Trump has also called in the National Guard to help quell the rioting.

Neither that action nor the president’s statement appears to have mollified the crowd at the Capitol. Elected Republicans are demanding calm. Rep. Ilhan Omar (D–Minn.) is drafting fresh articles of impeachment.

Thank God 2020 is over, right?

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What Is Seditious Conspiracy?

Here is the federal law defining the offense of “seditious conspiracy.”

18 USC §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.(Emphases added)

Is this provision relevant today? Discuss.

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Here Is What the President Told Pro-Trump Rioters Before They Stormed the Capitol

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“I am asking for everyone at the U.S. Capitol to remain peaceful,” President Donald Trump tweeted after some of the supporters he had urged to gather in Washington, D.C., for a “Save America March” aimed at preventing President-elect Joe Biden from taking office stormed the Capitol, where lawmakers had gathered to officially tally the election results. “No violence! Remember, WE are the Party of Law & Order—respect the Law and our great men and women in Blue. Thank you!”

Before today’s riot, Trump also asked his followers to protest peacefully, and the responsibility for the violence lies first and foremost with the individuals who committed it. Yet it was predictable that at least some Trump supporters would go beyond peaceful protest after he spent two months insisting that he actually won the election by a landslide, a fact that would be apparent but for a massive criminal conspiracy that delivered a phony victory to Biden. Today is the day when Congress was scheduled to affirm that victory, which Trump persistently portrayed as an intolerable threat to democracy.

“These people are not going to take it any longer,” Trump declared at a Washington, D.C., rally that began an hour before the joint session of Congress convened. “They rigged an election. They rigged it like they’ve never rigged an election before….Hundreds of thousands of American patriots are committed to the honesty of our elections and the integrity of our glorious republic. All of us here today do not want to see our election victory stolen by emboldened radical-left Democrats, which is what they’re doing, and stolen by the fake news media. That’s what they’ve done and what they’re doing. We will never give up. We will never concede. It doesn’t happen. You don’t concede. Our country has had enough. We will not take it anymore….We will stop the steal.”

Trump made the stakes clear. “We’re going to have somebody in there that should not be in there,” he said, “and our country will be destroyed. And we’re not going to stand for that.”

How did Trump propose to “stop the steal”? He held out the vain hope that Vice President Mike Pence would reverse the election results by rejecting electoral votes for Biden from several swing states—a power the vice president does not actually have. “I hope Mike is going to do the right thing,” Trump said. “If Mike Pence does the right thing, we win the election….He has the absolute right to do it….Mike Pence is going to have to come through for us. And if he doesn’t, that will be a sad day for our country, because you’re sworn to uphold our Constitution. “

But Pence decided that “the right thing,” in terms of Trump’s personal desires, was the wrong thing under the Constitution. “I do not believe that the Founders of our country intended to invest the Vice President with unilateral authority to decide which electoral votes should be counted during the Joint Session of Congress, and no vice president in American history has ever asserted such authority,” Pence said in a statement he issued as Trump was speaking. “It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.”

Predictably, Trump responded by slamming Pence on Twitter: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!” As Christian Britschgi notes, “that tweet came roughly 10 minutes after it was reported that Pence had been escorted off the Senate floor” in response to the pro-Trump riot.

Once unconstitutional intervention by the vice president was off the table, what other options were left for Trump fans outraged by the installation of a president their leader portrays as illegitimate? “It is up to Congress to confront this egregious assault on our democracy,” Trump said. “We’re going to walk down to the Capitol…and we’re going to cheer on our brave senators and congressmen and women. And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”

After Trump told the protesters that their country was about to be destroyed by the installation of a fraudulent president, the idea of cheering the “brave” lawmakers who side with him and booing the ones who side with reality must have seemed like pretty weak tea. Some of them evidently thought that “show[ing] strength” required more than that, especially after it became clear that Pence was not riding to the rescue of the republic.

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated,” Trump said. “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard today.”

No doubt the president’s supporters will cite the “peacefully” part in his defense. But after two months of bizarre conspiracy theories, constant presidential complaints about a stolen election, declarations that conceding Biden’s victory is not an option, and repeated warnings that the fate of the nation hangs in the balance, that is more weight than a single adverb can bear.

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Here Is What the President Told Pro-Trump Rioters Before They Stormed the Capitol

Trump-DC-rally-1-6-21

“I am asking for everyone at the U.S. Capitol to remain peaceful,” President Donald Trump tweeted after some of the supporters he had urged to gather in Washington, D.C., for a “Save America March” aimed at preventing President-elect Joe Biden from taking office stormed the Capitol, where lawmakers had gathered to officially tally the election results. “No violence! Remember, WE are the Party of Law & Order—respect the Law and our great men and women in Blue. Thank you!”

Before today’s riot, Trump also asked his followers to protest peacefully, and the responsibility for the violence lies first and foremost with the individuals who committed it. Yet it was predictable that at least some Trump supporters would go beyond peaceful protest after he spent two months insisting that he actually won the election by a landslide, a fact that would be apparent but for a massive criminal conspiracy that delivered a phony victory to Biden. Today is the day when Congress was scheduled to affirm that victory, which Trump persistently portrayed as an intolerable threat to democracy.

“These people are not going to take it any longer,” Trump declared at a Washington, D.C., rally that began an hour before the joint session of Congress convened. “They rigged an election. They rigged it like they’ve never rigged an election before….Hundreds of thousands of American patriots are committed to the honesty of our elections and the integrity of our glorious republic. All of us here today do not want to see our election victory stolen by emboldened radical-left Democrats, which is what they’re doing, and stolen by the fake news media. That’s what they’ve done and what they’re doing. We will never give up. We will never concede. It doesn’t happen. You don’t concede. Our country has had enough. We will not take it anymore….We will stop the steal.”

Trump made the stakes clear. “We’re going to have somebody in there that should not be in there,” he said, “and our country will be destroyed. And we’re not going to stand for that.”

How did Trump propose to “stop the steal”? He held out the vain hope that Vice President Mike Pence would reverse the election results by rejecting electoral votes for Biden from several swing states—a power the vice president does not actually have. “I hope Mike is going to do the right thing,” Trump said. “If Mike Pence does the right thing, we win the election….He has the absolute right to do it….Mike Pence is going to have to come through for us. And if he doesn’t, that will be a sad day for our country, because you’re sworn to uphold our Constitution. “

But Pence decided that “the right thing,” in terms of Trump’s personal desires, was the wrong thing under the Constitution. “I do not believe that the Founders of our country intended to invest the Vice President with unilateral authority to decide which electoral votes should be counted during the Joint Session of Congress, and no vice president in American history has ever asserted such authority,” Pence said in a statement he issued as Trump was speaking. “It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.”

Predictably, Trump responded by slamming Pence on Twitter: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!” As Christian Britschgi notes, “that tweet came roughly 10 minutes after it was reported that Pence had been escorted off the Senate floor” in response to the pro-Trump riot.

Once unconstitutional intervention by the vice president was off the table, what other options were left for Trump fans outraged by the installation of a president their leader portrays as illegitimate? “It is up to Congress to confront this egregious assault on our democracy,” Trump said. “We’re going to walk down to the Capitol…and we’re going to cheer on our brave senators and congressmen and women. And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”

After Trump told the protesters that their country was about to be destroyed by the installation of a fraudulent president, the idea of cheering the “brave” lawmakers who side with him and booing the ones who side with reality must have seemed like pretty weak tea. Some of them evidently thought that “show[ing] strength” required more than that, especially after it became clear that Pence was not riding to the rescue of the republic.

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated,” Trump said. “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard today.”

No doubt the president’s supporters will cite the “peacefully” part in his defense. But after two months of bizarre conspiracy theories, constant presidential complaints about a stolen election, declarations that conceding Biden’s victory is not an option, and repeated warnings that the fate of the nation hangs in the balance, that is more weight than a single adverb can bear.

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Alex Winter: Frank Zappa’s Ultra-Individualist Legacy

zappa1

Before his death from prostate cancer in 1993, Rock & Roll Hall of Fame member Frank Zappa spent time in jail for making an obscene recording requested by undercover cops, released 60 records in every genre imaginable, became one of the first modern musical artists to start his own company, testified before Congress that labeling music due to lyrical content was an attack on free speech, and inspired Vaclav Havel and others fighting Czechoslovakia’s repressive communist regime. He packed a hell of a lot into 52 years, and made a lot of waves and enemies along the way.

Zappa is the subject of an eponymous new documentary by Alex Winter, whose previous films include Downloaded (a study of Napster and unauthorized file sharing), Deep Web (a look at Ross Ulbricht and the Silk Road), and Trust Machine (an exploration of how blockchain technology decentralizes power; go here for a Reason interview with him about that film). “Zappa,” says Winter, who is also well-known for his acting in the Bill & Ted series and other films, “matters because he was an extremely talented and composer but also because…was very anti-authoritarian, very anti-fascist, very pro–citizens’ rights. He also saw the tech revolution coming. In all of these extremely interesting ways, Zappa was ahead of the curve.” Although his politics, like his music, defy easy (or any, really) categorization, Winter says that Zappa’s overriding beliefs in free speech, individualism, and entrepreneurship carried strong libertarian connotations.

Winter talks with Nick Gillespie about Zappa’s life and legacy, including his internal contradictions regarding sexual freedom, his ultra-critical attitudes toward hippies and drugs, and other matters. Winter also discusses his own oeuvre as a documentarian and weighs in on a possible pardon for Ross Ulbricht, the founder of Silk Road whom President Donald Trump is reportedly considering for a pardon or commutation. Ulbricht, says Winter, bore the brunt of panics over both the internet and bitcoin, and was sentenced for far longer than his crimes deserve. “I think he should not be in jail anymore. Full stop.”

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Alex Winter: Frank Zappa’s Ultra-Individualist Legacy

zappa1

Before his death from prostate cancer in 1993, Rock & Roll Hall of Fame member Frank Zappa spent time in jail for making an obscene recording requested by undercover cops, released 60 records in every genre imaginable, became one of the first modern musical artists to start his own company, testified before Congress that labeling music due to lyrical content was an attack on free speech, and inspired Vaclav Havel and others fighting Czechoslovakia’s repressive communist regime. He packed a hell of a lot into 52 years, and made a lot of waves and enemies along the way.

Zappa is the subject of an eponymous new documentary by Alex Winter, whose previous films include Downloaded (a study of Napster and unauthorized file sharing), Deep Web (a look at Ross Ulbricht and the Silk Road), and Trust Machine (an exploration of how blockchain technology decentralizes power; go here for a Reason interview with him about that film). “Zappa,” says Winter, who is also well-known for his acting in the Bill & Ted series and other films, “matters because he was an extremely talented and composer but also because…was very anti-authoritarian, very anti-fascist, very pro–citizens’ rights. He also saw the tech revolution coming. In all of these extremely interesting ways, Zappa was ahead of the curve.” Although his politics, like his music, defy easy (or any, really) categorization, Winter says that Zappa’s overriding beliefs in free speech, individualism, and entrepreneurship carried strong libertarian connotations.

Winter talks with Nick Gillespie about Zappa’s life and legacy, including his internal contradictions regarding sexual freedom, his ultra-critical attitudes toward hippies and drugs, and other matters. Winter also discusses his own oeuvre as a documentarian and weighs in on a possible pardon for Ross Ulbricht, the founder of Silk Road whom President Donald Trump is reportedly considering for a pardon or commutation. Ulbricht, says Winter, bore the brunt of panics over both the internet and bitcoin, and was sentenced for far longer than his crimes deserve. “I think he should not be in jail anymore. Full stop.”

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‘Our Democracy Would Enter a Death Spiral’: McConnell Rebukes Electoral Challenge Minutes Before Protesters Storm Capitol

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Senate Majority Leader Mitch McConnell (R–Ky.) on Wednesday sought to forcefully reject attempts to stymie certifying the 2020 election results, as some Republicans expressed that they would vote against making President-elect Joe Biden’s electoral college victory official.

“The voters, the courts, and the states have all spoken. They’ve all spoken,” McConnell said, referencing unfounded claims of voter fraud and election irregularities put forth by President Donald Trump and some of his supporters on Capitol Hill. “If we overrule them, it would damage our Republic forever.”

McConnell went on to detail Democratic efforts to cast doubt on past elections, including 2004 and 2016, arguing that such efforts to overturn the will of the voters makes them no better than the Democrats they’ve criticized over the last several years.

Contrast that with Sen. Ted Cruz (R–Texas), who used his time on the floor to argue for a commission that evaluates alleged voter fraud. The country needs an “independent” body to study the claims, he said, omitting that court after court has rejected Trump’s lawsuits, with his own judicial nominees issuing scathing rebukes. The common thread: There is no evidence behind any Republican objection.

Several Republicans joined (or planned to join) Cruz, including Reps. Paul Gosar (R–Ariz.), Jim Jordan (R–Ohio), and Josh Hawley (R–Mo.).

“Do Cruz et al. have any specific reason to believe the audits and recounts that states have conducted since the election, all of which validated Biden’s victory, were deficient?” asks Reason‘s Jacob Sullum. “They don’t say. Yet they imply that the certification of electoral votes in ‘disputed states’ cannot be trusted, based on allegations by the same man Cruz has said lies almost every time he opens his mouth.”

Some Republicans didn’t have a chance to make their election skepticism official—including Hawley, the Trumpian populist who was the first to publicly announce he would make such claims—because pro-Trump protesters stormed the U.S. Capitol, smashing the windows and pushing past police to overtake the Senate chamber. One woman has been shot.

The occupation of the Capitol came after Trump asked that his supporters move to the Capitol to “show strength” and “fight” during a speech earlier Wednesday.

It should go without saying that Trump has emboldened the chaos in Washington, D.C., today. He did so directly and unapologetically. But so, too, have so many GOP leaders—those who recklessly supported his lies of election fraud, and those who made excuses for his brazen immorality over these last four years.

“If this election were overturned by mere allegations from the losing side, our democracy would enter a death spiral,” said McConnell today. That seems slightly prophetic at this point. If only he had found such courage before this moment—in other words, before he no longer had anything to lose.

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‘Our Democracy Would Enter a Death Spiral’: McConnell Rebukes Electoral Challenge Minutes Before Protesters Storm Capitol

spnphotosten134812

Senate Majority Leader Mitch McConnell (R–Ky.) on Wednesday sought to forcefully reject attempts to stymie certifying the 2020 election results, as some Republicans expressed that they would vote against making President-elect Joe Biden’s electoral college victory official.

“The voters, the courts, and the states have all spoken. They’ve all spoken,” McConnell said, referencing unfounded claims of voter fraud and election irregularities put forth by President Donald Trump and some of his supporters on Capitol Hill. “If we overrule them, it would damage our Republic forever.”

McConnell went on to detail Democratic efforts to cast doubt on past elections, including 2004 and 2016, arguing that such efforts to overturn the will of the voters makes them no better than the Democrats they’ve criticized over the last several years.

Contrast that with Sen. Ted Cruz (R–Texas), who used his time on the floor to argue for a commission that evaluates alleged voter fraud. The country needs an “independent” body to study the claims, he said, omitting that court after court has rejected Trump’s lawsuits, with his own judicial nominees issuing scathing rebukes. The common thread: There is no evidence behind any Republican objection.

Several Republicans joined (or planned to join) Cruz, including Reps. Paul Gosar (R–Ariz.), Jim Jordan (R–Ohio), and Josh Hawley (R–Mo.).

“Do Cruz et al. have any specific reason to believe the audits and recounts that states have conducted since the election, all of which validated Biden’s victory, were deficient?” asks Reason‘s Jacob Sullum. “They don’t say. Yet they imply that the certification of electoral votes in ‘disputed states’ cannot be trusted, based on allegations by the same man Cruz has said lies almost every time he opens his mouth.”

Some Republicans didn’t have a chance to make their election skepticism official—including Hawley, the Trumpian populist who was the first to publicly announce he would make such claims—because pro-Trump protesters stormed the U.S. Capitol, smashing the windows and pushing past police to overtake the Senate chamber. One woman has been shot.

The occupation of the Capitol came after Trump asked that his supporters move to the Capitol to “show strength” and “fight” during a speech earlier Wednesday.

It should go without saying that Trump has emboldened the chaos in Washington, D.C., today. He did so directly and unapologetically. But so, too, have so many GOP leaders—those who recklessly supported his lies of election fraud, and those who made excuses for his brazen immorality over these last four years.

“If this election were overturned by mere allegations from the losing side, our democracy would enter a death spiral,” said McConnell today. That seems slightly prophetic at this point. If only he had found such courage before this moment—in other words, before he no longer had anything to lose.

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Republicans, White House Aides Beg Trump To Call Off MAGA Occupation of Capitol

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Rep. Mike Gallagher (R–Wis.), representing the Green Bay area, recorded a message while sheltered in place in his own D.C. office at the Capitol and posted it on Twitter, begging President Donald Trump to say something to stop the violent intrusion there:

“The vice president of the United States was just rushed off the floor by the Secret Service,” he noted. “This is banana republic crap that we’re watching happen right now.”

He added that he was told by politicians in D.C. who planned to object to the election results that these objections would be peaceful and that they knew nothing would come of it.

“We’re going to have the debate, voice people’s concerns, and then, we won’t actually overturn our entire system of representative government,” Gallagher said he was told by these people. “So nothing bad will happen. There will be no cost to this effort.”

“This is the cost to this effort,” Gallagher responded, in reference to the protesters storming the building, “and telling thousands of people that there is a legitimate shot of overturning the election today, even though you know that is not true.”

“We have got to stop this,” he implored. “Mr. President, you have got to stop this. You are the only person who can call this off. Call it off. The election is over. Call it off. This is bigger than you. This is bigger than any member of Congress. This is about the United States of America, which is more important than any politician. Call it off. It’s over.”

So far, Trump’s response has been to tweet for protesters to “remain peaceful,” even as the protests get wilder:

On ABC, former New Jersey Gov. Chris Christie said he had been trying to reach Trump on the phone, unsuccessfully, to get him to try to call the protesters off. He said, “The president caused this protest to occur. He is the only one who can make it stop.”

Sen. Rand Paul (R–Ky.), who has remained a Trump ally throughout his term, denounced the violence on Twitter:

Maggie Haberman at The New York Times says aides are trying to get Trump to put out stronger statements to try to get the protesters to calm down, but he won’t:

Instead, it appears to be falling on Vice President Mike Pence, who triggered Trump’s ire by refusing to swing the election back into Trump’s favor, to attempt to order protesters to leave the capitol building:

The Twitter account for the Senate Republicans has called for an end to this “chaos”:

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