White House “Isn’t Taking A Side” On Cause Of Anti-Lockdown Protests In China

White House “Isn’t Taking A Side” On Cause Of Anti-Lockdown Protests In China

Authored by Paul Joseph Watson via Summit News,

The Biden White House says it “isn’t taking a side” on the cause of anti-lockdown protests in China, a ‘walking on eggshells’ remark seemingly designed to protect the administration from charges of hypocrisy.

Over the past week, multiple major cities across China have seen massive protests against lockdowns, with the normally compliant Chinese exploding into rage in response to their government’s ‘zero COVID’ policy.

Much of the unrest blew up in response to an incident in Xinjiang’s capital Urumqi, where at least 10 people, some say up to 40, were killed during an apartment fire because lockdown rules stopped residents from fleeing the burning building.

Most of the city’s residents have been prevented from leaving their homes for over 100 days as a result of the draconian rules, which are still in place nearly three years after the pandemic began.

While Chinese citizens are now clearly being subjected to human rights abuses in the name of maintaining a brutal lockdown, the White House could only respond with a mealy-mouthed statement.

Appearing on Fox News Channel’s “Fox & Friends,” White House NSC Coordinator for Strategic Communications John Kirby was asked if the Biden administration agreed with protesters that COVID restrictions should be lifted and whether President Xi Jinping should stand down.

Kirby prevaricated by saying the White House was “on the side of peaceful protest,” but that the administration was not “taking a side in terms of what these protestors are about.”

WATCH:

“I would not say at all that we would agree with criticism that we’ve been less than firm or consistent. In fact, Brian, we’ve been very, consistent about the right of peaceful protest and we’ve been very vocal about it in China just over the last few days,” said Kirby.

“We believe that these individuals should be able to peacefully protest and assemble and to make their minds known to their government there in China just like we’ve said the same in Iran and around the world. And we stand up for peaceful protest, and again, we’ve been very consistent about that,” he added.

Co-host Steve Doocy then asked, “Absolutely, the White House is always for peaceful protests, but, John, you know what the protesters are saying, they’re saying, hey, Xi Jinping’s got to go or loosen the COVID restrictions that are keeping people stuck in their houses for months. So, between he’s got to go or loosen restrictions, which side is the White House on when it comes to supporting the protestors?”

Kirby responded, “Steve, we’re on the side of peaceful protest. We’re on the side of individuals being able to freely assemble and to express their views, whatever those views are. We’re not taking a side in terms of what these protestors are about. Largely though, Steve, you know that these protesters are really out there about the lockdown. Their main concern, what drove them to the streets was the very severe, very stringent COVID policies by Xi’s administration, and that’s what’s really been driving all this public protest.”

The spokesman then asserted, “we don’t believe, here in the United States, that lockdowns are the answer.”

This doesn’t correlate with what Biden himself has said on many occasions.

Back in August 2020, the president said he wouldn’t hesitate to lockdown the entire United States if it was necessary to stop COVID.

“I would shut it down; I would listen to the scientists,” said Biden at the time.

In comparison, two months previously in June, President Trump told Fox News, “We won’t be closing the country again. We won’t have to do that.”

Indeed, if the presidential election had taken place a year earlier, there’s almost no doubt that Biden would have lobbied for for more draconian lockdowns that those that were imposed by states during the final 10 months of the Trump administration.

As we highlighted yesterday, Anthony Fauci once again defended brutal Chinese lockdowns, admitting that the Communist government is forcefully locking people inside buildings but adding that if it means people get vaccinated then he is “okay” with it.

*  *  *

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Tyler Durden
Thu, 12/01/2022 – 17:15

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Lava Flows From Mauna Loa Volcano Could Reach Major Hawaii Highway “In Days”

Lava Flows From Mauna Loa Volcano Could Reach Major Hawaii Highway “In Days”

Hawaii’s Mauna Loa volcano, the world’s largest active volcano, continues to erupt, and there are new fears that lava flows could take out a major road connecting the east and west sides of Hawaii’s Big Island in the coming days. 

There’s “a very high probability that this lava flow, if it continues, will definitely reach the road,” Ken Hon, scientist-in-charge at the Hawaiian Volcano Observatory, told CBS News

Hon said the lava could reach Saddle Road, also known as Daniel K. Inouye Highway, in “about two days.” As of Wednesday, the lava flows were about 3.6 miles from the major highway

Although the flow is slow-moving, it is still persistent, and emergency managers are ramping up their planning as it threatens to cross over the Daniel K. Inouye Highway, also known as the DKI Highway or Saddle Road. -CBS 

On Sunday, Mauna Loa’s eruption marked the end of its longest quiet period in recorded history. The last time the volcano spewed lava into the air was in 1984. 

Footage of the eruption posted on Twitter is stunning. 

Stunning views of lava fountains and flows from Wednesday

All eyes are on the major highway as lava flows near, which could force officials to suspend traffic. 

Tyler Durden
Thu, 12/01/2022 – 16:50

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This Is Of Course Insane

This Is Of Course Insane

Authored by Charles Hugh Smith via OfTwoMinds blog,

Greed is a powerful motivation to be an ardent believer in the central banking cult.

The ideal cult convinces its followers that it isn’t a cult, it’s simply the natural order of things. In current terms, this normalizes insane behaviors and beliefs. Sacrificing youth to appease the gods isn’t a cult; it’s simply the natural order of things. If we don’t sacrifice youth, bad things will happen, so we have to follow the natural order of things.

Despite the lofty claims made by our rational mind, we want to hear and obey the voices of the gods. This non-rational desire is the root of cults and episodes of mass hysteria, i.e. the madness of crowds.

Humanity is in the grip of the secular cult of central banking. The cult’s seers and prophets periodically emerge with arcane signs and readings, offering divinations to guide the followers.

The motivation to believe the cult is the natural order of things is powerful: greed. Those who heed the oracles of the cult enrich themselves, unbelievers impoverish themselves.

Rationalists outside the cult discern the structure of the cult and its core beliefs. The cult creates credit and “money” out of thin air and distributes it to the few extremely wealthy to further expand their wealth. These few do not improve productivity or the well-being of the many; they use the cult’s gifts to exploit the cult’s rigged casino of speculation to maximize their private gains.

In other words, the cult benefits the few at the expense of the many while proclaiming it benefits everyone. This is of course insane. The cult’s core beliefs are: 1) enriching the already-rich magically trickles down benefits to the masses, and 2) this vast enrichment of the already-wealthy is cost-free. The economy prospers with no downside or consequences other than the glorious expansion of wealth at the top and the trickle-down of sweet goodness to the masses.

This is of course insane. The costs are borne by the masses and by the socio-economic system, which is now in thrall to a cult that has made the economy dependent on an ever-expanding credit bubble which feeds an ever-expanding asset bubble, which then enables a further expansion of credit which then fuels ever-higher assets prices.

And so on, forever, because the cult and its ever-expanding bubble are the natural order of things. If we don’t sacrifice the many to benefit the few, the sun will stop rising and the Earth will be cast into endless shadow.

This is of course insane, but greed is a powerful motivation to be an ardent believer in the central banking cult. Expanding credit based on the expanding collateral of asset bubbles, each feeding the other, is held up not as insane but as a financial perpetual-motion machine, overseen and managed by the seers and prophets of the central bank cult. Followers heeding the cult’s oracles become rich, non-believers and skeptics become impoverished.

Alas, cults and bubbles both come to an inglorious end. What seemed self-evidently true for the ages is revealed as a brief moment of self-serving delusion, supported by the immense powers of greed and the madness of crowds.

Do you hear the voices of the gods? Yes, yes, oh yes.

*  *  *

My new book is now available at a 10% discount ($8.95 ebook, $18 print): Self-Reliance in the 21st Century. Read the first chapter for free (PDF)

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Tyler Durden
Thu, 12/01/2022 – 16:25

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Stocks Defend 200DMA As VIX Tumbles Below 20, Yields Plunge Sending Gold Soaring

Stocks Defend 200DMA As VIX Tumbles Below 20, Yields Plunge Sending Gold Soaring

One day after Jerome Powell’s dovish speech sparked a stock explosion which helped the S&P close November up more than 5%, and with October’s 8% return stocks have sotmed higher after tumbling into a deep bear market in September (just as JPM permabull Marko Kolanovic turned bearish) to return more than 13% in the past two days…

… not to mention push the Dow Jones into a new bull market…

… on Thursday stocks were effectively unchanged with the S&P hugging the flatline after some early excitement.  

Spoos initially extended gains this morning after mixed data that included cooler-than-expected month-over-month PCE figures. Personal income beat, though spending was in line with estimates. However, futures slid about 30 minutes into the US cash session when manufacturing surveys indicated first contractionary ISM print since May 2020…

… spoos drifted lower to close just around the flatline…

… but much more importantly, futs never break back below the oh-so-critical 200DMA which as regular readers will recall, proved to be an insurmountable resistance during the August bear market rally. Well, not so much this time, and the S&P closed comfortably above the all-important moving average even if it still has to convincingly break above the downward trendline.

Peeking below the surface we find that the key catalyst behind today’s move was the continued sharp drop in TSY yields, which saw the 10Y plunge as low as 3.50%…

… as every part of the curve was dragged lower…

… courtesy of a furious dovish repricing in fed funds which saw the terminal rate (red) continue to drop while bets on rate-cuts in H2 2023 (green) continued to rise.

The plunge in yields boosted tech and hammered banks…

… and financial institutions, especially Blackstone, whose 69 Billion Real Estate fund hits redemption limits.

But not even that was enough to spook markets which now appear to be preparing for a ful-blown year-end rally and the VIX finally tumbled back under 20 for the first time since the August meltup.

There is another reason why VIX is plunging: the put to call ratio made another near-record high this week and all those puts are now being furiously unwound and monetized for what little value they have.

There is another reason why we may be facing a huge meltup: the latest Job Cuts data soared, suggesting NFP could be disastrous tomorrow…

…. which of course would force the Fed to be even more dovish, and send stocks even higher. Incidentally, consensus expectations for tomorrow’s NFP are for around 196k. Our prediction: much, much lower.

Finally, with the market now aggressively repricing the Fed’s tightening intentions and betting on much more easing in 2022, with bitcoin and crypto nursing huge wounds and playing defense…

… as Bitcoin remains stuck between $16K and $17K since the FTX fraud shock….

… the big winner today was gold and silver, with the yellow metal soaring above $1800, the highest level since August.

 

Tyler Durden
Thu, 12/01/2022 – 16:09

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Chevron CEO Warns White House Additional SPR Release Plan “Not A Wise Move”

Chevron CEO Warns White House Additional SPR Release Plan “Not A Wise Move”

Chevron CEO Mike Wirth spoke at the Economic Club of New York on Thursday to warn about the Biden administration’s cunning plan to refill the Strategic Petroleum Reserve around the $70 a barrel level. He said filling the SPR at that level is “not necessarily a wise move.” 

Wirth explained the SPR should be refilled regularly to maintain adequate reserves at reasonable levels while limiting volatility in price. He said Biden’s communication to the oil industry about a minimum price floor at which the US government will purchase crude provides no “meaningful” incentive for oil companies to ramp up production. 

The chief executive continued to say if companies operated this way, their trading desks could easily hedge the price of crude in markets themselves, adding the SPR is currently “at a level where we wouldn’t want to see it go any lower.”

Wirth was on a roll criticizing the Biden administration. He said their energy policies were very “lazy” and “sloppy” because of the inability to tap into the nation’s abundant resources. He means that the Biden administration has inhibited the fossil fuels industry from expanding, indicating a considerable need to improve energy infrastructure such as pipelines, transmission lines, and ports to ensure all parts of the country are well supplied at all times. 

“Durable and meaningful permitting reform” would be a “huge step forward,” he said. 

Wirth’s comments followed a CNBC report Wednesday that cited multiple sources who said the Biden administration is mulling over more SPR releases ahead of winter. 

The White House appears to be bracing for another potential energy spike in the coming months. Their ability to release additional oil from the reserves could face more pressure from a Republican-led House of Representatives at the start of the new year.  

“It is imperative that DOE maintain the nation’s petroleum reserves in a manner that does not limit our ability to prevent or reduce the adverse impacts of true energy supply shortages,” Reps. Cathy McMorris Rodgers, R-Wash., and Rep. Fred Upton, R-Mich. recently said. 

Wirth’s comments provide valuable insight into how the fossil fuel industry views the Biden administration: an inexperienced bunch of clowns ruining the country’s energy independence. 

Tyler Durden
Thu, 12/01/2022 – 15:50

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Legal Professionals Astonished As SBF Admits Failures, Apologizes 12 Times In Interview

Legal Professionals Astonished As SBF Admits Failures, Apologizes 12 Times In Interview

Authored by Stephen Katte via CoinTelegraph.com,

Former FTX CEO Sam Bankman-Fried apologized or admitted failure at least 12 times during his appearance at the New York Times’ DealBook Summit on Nov. 30.

In a wide-ranging video interview, Bankman-Fried was asked to answer a number of questions surrounding the downfall of the now-defunct exchange, with some even suggesting that some of his statements could be used to incriminate him in legal proceedings.

In a Nov. 30 Twitter post, crypto attorney Jeremy Hogan, partner at Hogan & Hogan, said that the “light cross-examination” of Bankman-Fried at the DealBook Summit has already returned “at least 3 incriminating statements so far.”

Alan Rosca from the law firm Rosca Scarlato said it was “pretty astonishing that he’s in effect testifying at the DealBook summit. Hard to think of a precedent for this.”

Bankman-Fried’s first concession came while greeting interviewer Andrew Sorkin, when he said in reference to the collapse of FTX:

“Clearly, I made a lot of mistakes or things I would give anything to be able to do over again.”

An apology came moments later when Sorkin confronted him with a letter written by an FTX customer who lost $2 million in life savings after the exchange collapsed.

“I’m deeply sorry about what happened,” said Bankman-Fried in response to the customer’s story.

Former FTX CEO Sam Bankman-Fried during the hour-long live-video appearance. Source: New York Times’ DealBook Summit.

Later, when discussing the allegations that Alameda used FTX client funds to cover loans, Bankman-Fried said that while he “didn’t know exactly what was going on” at Alameda, he concedes it was still his duty as FTX CEO to “make sure I was doing diligence.”

“A lot of these are things that I’ve learned over the last month that I learned […] I mark that as a pretty big oversight that I wasn’t more aware of,” he said.

Bankman-Fried admitted failure again when quizzed about FTXs former standing in the industry and the loss of trust in crypto now that the exchange has collapsed, stating: “I mean, like, look, I screwed up:”

“I was CEO, I was the CEO of FTX. And I mean I say this again and again, that that means I had a responsibility that means that I was responsible ultimately for doing the right things and I mean, we didn’t. Like, we messed up big.”

He continued to concede FTX’s failings, stating “there absolutely were management failures” oversight failures, and transparency failures.

Toward the end of the interview, Sorkin directly asked Bankman-Fried whether he had been truthful with the audience and whether he agreed that there had been times that he had lied. 

Bankman-Fried said he wasn’t aware of any times that he lied, but explained that there were times when asking as a representative or “marketer” for FTX, that he would paint FTX “as compelling […] as possible.”

“I wasn’t talking about what are the risks involved with FTX […] I obviously wish that I spent more time dwelling on the downsides and less time thinking about the upsides.

Bankman Fried was asked what his lawyers are telling him at the moment, and whether it was a good idea for him to be speaking publicly. He answered, “very much not:”

“I mean, you know, the classic advice, don’t say anything […] recede into a hole.”

Bankman-Fried said he believes he has a duty to talk to people and explain what happened and to “try and do what’s right.”

“I don’t see what good is accomplished by me just sitting locked in a room pretending the outside world doesn’t exist,” he explained.

“Soft-balled it,” says community

While the interview appeared to cover a number of confronting issues for Bankman-Fried, some in the community still believe that the questions were not challenging enough, nor was there an adequate follow-up to some of the hard-hitting questions.

A Twitter poll launched by self-proclaimed crypto trader Cantering Clark found that more than half of the 1,119 respondents believed Sorkin “Soft-balled” the interview with Bankman-Fried.

Tyler Durden
Thu, 12/01/2022 – 15:30

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Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan


Student Loan Cancellation

Silhouettes of students wearing caps. The students are made out of money.

As co-blogger Jonathan Adler notes, the Supreme Court has decided to hear one of the cases challenging the legality of President Biden’s massive $400 billion loan forgiveness plan. The justices will consider both the question of whether the six GOP-led state governments bringing the case have standing to do so, and whether the program is legal.

The Supreme Court also chose not to lift the lower court injunction blocking implementation of the plan in the meantime. Thus, the plan will remain blocked at least until the Supreme Court hears oral arguments on the case in February, and probably until the Court reaches a decision (which will likely happen by June). The Biden Administration had requested that the injunction be lifted immediately.

Technically, the Court did not actually reject the Administration’s request to overturn the injunction, but merely indicated consideration of it is “deferred pending oral argument.” But the effect is much the same. As a practical matter, I think that if a majority of justices expected to rule in favor of the plan, they would probably have also lifted the temporary injunction. That isn’t definitive proof that the Court will ultimately rule against the loan forgiveness plan. But it is nonetheless a bad sign for the administration’s position. Or so, at least, it seems to me. But I admit it is possible there is some angle I am missing here. We will know more after the oral argument!

In previous posts, I assessed the Eighth Circuit court ruling that the justices will review in this case, critiqued the district court decision that the Eight Circuit overturned (the district judge had ruled that the states lack standing), and outlined flaws in the administration’s legal rationale for the plan, which relies on the 2003 HEROES Act. The Administration’s approach has much in common with Trump’s effort to use emergency powers to divert military funds to build his border wall (which, for those keeping score,  I forcefully opposed at the time). I also highlighted the dangers of the ultra-narrow theory of standing that the administration is relying on to try to prevent courts from reaching the merits. Like Jonathan Adler, I think it unlikely that the Administration will prevail on the merits if the Supreme Court gets to them (and therefore concludes the states have standing).

I know I have been promising to do a post giving a general overview of the loan forgiveness litigation. Due to a combination of illness and the press of other business, that has taken longer than I expected. But I hope to have it soon! In the meantime, however, the significance of the other cases challenging the plan has been greatly reduced by the Supreme Court’s decision to hear this one.

If the Court reaches the merits, that will effectively render the other cases irrelevant. If they refuse to do so because they conclude the plaintiffs lack standing, that makes it unlikely that anyone else can ever get standing to challenge the plan, because the plaintiffs here have a stronger rationale for standing than any others so far.

UPDATE: The one exception to my very last point is that the newly Republican-controlled House of Representatives could potentially get standing to file a suit even if the state plaintiffs can’t. See my discussion of the relevant precedent (which arose from the then-Democratic-controlled House’s challenge to Trump’s border wall funding diversion) here.

The post Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan appeared first on Reason.com.

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Students at Yale Faced Mental Health Crises. Instead of Helping Them, Yale Forced Them Out.


black figures of students overlaid on a white image of Yale on an olive background

Nicolette Mántica was a junior at Yale who seemed to be thriving, maintaining a 3.8 GPA and participating in a variety of extracurricular activities. But she was also seeing a therapist through Yale Mental Health and Counseling. When she told her therapist that she sometimes cut her arms to cope with stress, she found herself thrown into a cruel and complex system—one that would forcibly withdraw her from the university and place a nearly unsurmountable set of obstacles in her way to be reinstated.

As one administrator allegedly told her, she was “a liability to the university.”

Now, Mántica’s experience is included in a lawsuit against Yale, alleging that the school’s policies violate several federal laws, including the Americans with Disabilities Act (ADA).

Yale’s policies and practices, as described in the lawsuit, reveal both a stunning callousness on the part of Yale administrators and how ever-expanding university bureaucracies don’t improve university life but instead develop methods for seamlessly disposing of problem students.

The lawsuit, filed Wednesday by two current Yale students and a mental health nonprofit, alleges that the university’s policies violate a number of federal laws, including the ADA and the Affordable Care Act. It explains that Yale pushes students with mental health crises to withdraw voluntarily, often while covertly threatening that an involuntary withdrawal would “not look good” on an application for readmission. Upon withdrawal, students are given only 48 hours to vacate campus and are often escorted by police to their dorm rooms.

According to the lawsuit, withdrawn students must stay away from campus for at least one full term. They cannot return earlier, even if students’ medical providers believe they are ready to return to academic life. Making matters worse, students at Yale must graduate in eight to nine semesters, and, according to the lawsuit, “The semester in which they withdraw is counted against the eight or nine semesters in which they must complete their degree.”

After withdrawal, students face “a daunting reinstatement process.” They must essentially reapply to Yale, gathering letters of support and writing essays showing they have used their time off “productively.” The lawsuit claims that the university “provides little help navigating its confusing policies, which require review of multiple and sometimes conflicting webpages to understand the options and consequences for time off…. Often, Yale does not explain its reasons for refusing reinstatement or provides reasons which are inconsistent with its own policies.”

In sum, “Yale’s written policy, and the widespread belief among students that seeking mental health treatment risks being pressured into ‘voluntary’ withdrawal or being involuntarily withdrawn, deters students from seeking the mental health treatment they need and from requesting accommodations for their disability.”

While Yale’s procedures around mentally ill students are disturbing—in fact, at least two student suicides have been linked to the school’s withdrawal policies—they also represent a deep disfunction within the university’s administrative apparatus.

Yale had rapidly increased its administrative staff over the past two decades, and the school now employs more administrators than it enrolls undergraduate students. However, rather than fostering student well-being, more administrators have ultimately gone to serve the university rather than students’ interests. With such an expansive university bureaucracy, it seems that when a student is struggling, they are shunted through a complex set of policies that treat them as liabilities rather than individuals. When students struggle, large university bureaucracies seem unable to see the cruelty—and absurdity—their policies often enforce.

“They never asked what they could do to help with the sexual assault and PTSD. Not a single question about how Yale can support you. They didn’t take into account who I was and what I needed,” one withdrawn student told The Washington Post. “Their only concern was that I leave.”

The post Students at Yale Faced Mental Health Crises. Instead of Helping Them, Yale Forced Them Out. appeared first on Reason.com.

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Supreme Court to Hear Student Loan Forgiveness Case

Today the Supreme Court issued an order in Biden v. Nebraska, ensuring that the Supreme Court will hear at least one of the legal challenges to the BIden Administration’s student loan forgiveness policy.

The order reads:

Consideration of the application to vacate injunction presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The application to vacate injunction is also treated as a petition for a writ of certiorari before judgment, and the petition is granted on the questions presented in the application.

The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session.

The Biden Administration had asked the Court to vacate the injunction entered by the U.S. Court of Appeals for the Eighth Circuit. In its application for a stay, it also suggested the Court could treat the application as a petition for certiorari presenting the following to questions:

(1) whether respondents have Article III standing;

(2) whether the plan exceeds the Secretary’s statutory authority or is arbitrary and capricious.

If the justices conclude the plaintiffs have standing and reaches the merits, I would think the Biden Administration faces an uphill battle to save this initiative (and that this would be true even without West Virginia v. EPA adding the major questions doctrine to the mix).

[Note: Post updated and revised to add the questions presented from the SG’s stay application.]

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Judging From These Verdicts, Stewart Rhodes’ Seditious Conspiracy Did Not Involve Attacking the Capitol


Oath Keepers founder Stewart Rhodes was convicted of seditious conspiracy.

A federal jury this week convicted Oath Keepers founder Stewart Rhodes of seditious conspiracy, concluding that he and Kelly Meggs, another member of the right-wing militia, plotted to keep Donald Trump in office “by force.” This is the first time that a jury has convicted participants in the January 6, 2021, riot at the U.S. Capitol of that crime, which is punishable by up to 20 years in prison. The hundreds of Trump supporters who have been arrested in connection with the riot typically have faced misdemeanor charges such as trespassing, disorderly conduct, and unauthorized demonstrating.

Rhodes stands out from those other defendants because he was the leader of an armed organization that was allegedly determined to keep Joe Biden out of the White House by any means necessary. Yet Rhodes’ seditious conspiracy conviction is rather puzzling given the jury’s rejection of two other conspiracy charges against him. The jury acquitted Rhodes of conspiring to obstruct the congressional certification of Biden’s victory on January 6 and of conspiring to prevent members of Congress from discharging their official duties by completing that process.

The eruption of “Stop the Steal” violence on January 6 delayed the electoral vote count, thereby obstructing the peaceful transfer of power, which was the alleged object of the seditious conspiracy. The Oath Keepers’ actions that day, when several participated in the riot while others stood by at a nearby hotel where they had stashed weapons, were the most striking steps they took to advance that scheme. Yet the jury was not persuaded that Rhodes, the group’s ostensible leader, planned to disrupt the congressional ratification of the election results.

Rhodes was on the Capitol grounds during the riot but, unlike several of his codefendants, did not enter the building itself. One of the prosecutors, Jeffrey Nestler, likened Rhodes to “a general surveying his troops on the battlefield.” The jurors evidently did not accept that characterization. While they concluded that Rhodes did in fact obstruct an official proceeding, they found him not guilty of conspiring to do so.

By contrast, two Oath Keepers who did enter the Capitol, Meggs and Jessica Watkins, were convicted of conspiring to interrupt the electoral vote count. Meggs, Watkins, and Kenneth Harrelson, who also entered the building, were convicted of conspiring to interfere with legislators’ official work. Yet Harrelson, Watkins, and Thomas Caldwell, who trespassed on a Capitol balcony during the riot, were acquitted of participating in the seditious conspiracy, while Meggs was convicted of that charge along with Rhodes.

Three Oath Keeper defendants—Joshua James, Brian Ulrich, and William Todd Wilson—had previously pleaded guilty to seditious conspiracy. Two other members of the group, Jason Dolan and Graydon Young, pleaded guilty to other riot-related charges and testified during the trial of the five remaining defendants. “Dolan testified that he hoped to scare members of Congress and that he was part of a group that ‘would be willing to fight’ to keep [Trump] in office,” NBC News notes. “Young testified that he was ‘acting like a traitor’ on Jan. 6, 2021, and that he thought he was part of an event similar to the 1789 storming of the Bastille during the French Revolution.”

Contrary to the picture painted by the prosecution, however, this week’s confusing combination of verdicts does not suggest that the Oath Keepers acted as a unified force under Rhodes’ command. Judging from the jury’s conclusions, Rhodes was not in on the plan to disrupt the electoral vote count, while Meggs, Watkins, and Harrelson were. Conversely, Rhodes and Meggs were bent on using force to keep Trump in power, while Watkins and Harrelson somehow were not. Caldwell likewise was not part of the seditious conspiracy, despite his role in coordinating and arming the “quick reaction force” (QRF) that remained at a Comfort Inn in Arlington, Virginia, during the riot.

The jury “made the confusing decision to acquit Mr. Rhodes of planning in advance to disrupt the certification of the election yet convict him of actually disrupting the certification process,” The New York Times notes. “That suggested that the jurors may have believed that the violence at the Capitol on Jan. 6 erupted more or less spontaneously, as Mr. Rhodes has claimed.” But if so, it is hard to make sense of the other defendants’ conspiracy convictions in connection with the riot. Why didn’t the jury conclude that they also acted “more or less spontaneously”?

The Oath Keepers indictment lists 10 elements of the seditious conspiracy, most of which are related to what happened on January 6. They include, for example, “preparing for and coordinating travel to Washington, D.C., to use force to stop the lawful transfer of presidential power”; “bringing and contributing firearms, ammunition, and related equipment to the QRF staging areas outside Washington, D.C.”; “bringing and contributing paramilitary gear, weapons, and supplies…to the Capitol grounds”; and “breaching and attempting to take control of the Capitol grounds and building on January 6, 2021, in an effort to prevent, hinder, and delay the Certification of the Electoral College vote.”

The indictment also accused Rhodes et al. of “continuing to plot, after January 6, 2021, to oppose by force the lawful transfer of presidential power.” But compared to that day’s dramatic events, the aftermath was pretty weak tea. “The co-conspirators discussed the need to continue fighting to stop the lawful transfer of presidential power,” the indictment says. There was a lot of bold talk, and Rhodes spent about $18,000 on ammunition, magazines, and various other firearm accessories. But nothing came of those discussions and preparations.

As the jury instructions explained, the seditious conspiracy charge did not require a successful plot, or even one that had any plausible chance of succeeding. The plans described by the indictment, including those leading up to January 6, were half-baked at best, and the defense argued that they were little more than bluster and fantasy. Although the jurors clearly did not buy that argument, the mixed verdicts make it hard to say exactly which narrative they accepted.

According to the Times, “the sedition convictions marked the first time in nearly 20 trials related to the Capitol attack that a jury had decided that the violence that erupted on Jan. 6, 2021, was the product of an organized conspiracy.” That gloss does not seem consistent with the fact that Rhodes was convicted of seditious conspiracy yet acquitted of the riot-related conspiracy charges.

Then again, Meggs was convicted of all three conspiracy charges, so maybe he was the real ringleader. But it’s not clear how big that ring was. Counting the three defendants who pleaded guilty to seditious conspiracy, five people were involved. Yet Harrelson, Watkins, and Caldwell were acquitted of that charge even though they participated in much of the talking and planning that was allegedly at the heart of the conspiracy.

In any case, it clearly goes too far to say that the verdicts mean the Capitol riot was “the product of an organized conspiracy.” The Oath Keepers accounted for a tiny share of the rioters, most of whom do seem to have acted “more or less spontaneously.” The group’s tough talk and grandiose plans ultimately amounted to little more than a sideshow in a much broader spasm of vandalism and violence that was itself utterly futile, since it succeeded only in delaying the certification of Biden’s victory until that night. When former President Jimmy Carter claimed the assault on the Capitol “almost succeeded in preventing the democratic transfer of power,” he was giving blowhards like Rhodes way too much credit.

The post Judging From These Verdicts, Stewart Rhodes' Seditious Conspiracy Did Not Involve Attacking the Capitol appeared first on Reason.com.

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