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Andrew C. McCarthy: Seditious Conspiracy Is the Wrong Charge in the Capitol-Riot Prosecutions
 Ignoring Mr. McCarthy’s repeated insistence that Donald Trump is an evil lying liar and that Joe Biden won fair and square, ignoring his ignoring of the part the FBI’s many informants and agents provocateur played in the events of the day, he makes a useful point about the January 6 prosecutions. Select paragraphs: NationalReview] Two elements are indispensable to the crime of seditious conspiracy. First, there must be an agreement to use force, as opposed to protesting peacefully — even if rambunctiously. Second is the concept of levying war against the United States or opposing the lawful authority of the United States. Now that the Justice Department has been goaded into charging members of the Oath Keepers with seditious conspiracy for their participation in the Capitol riot, prosecutors may find that these elements pose insuperable challenges to their case.The indictment filed Thursday necessitates revisiting this subject. It does not, however, change what I’ve already said about it, back in June: The actions of then-president Donald Trump ...Perhaps no man has ever had as much fun being president of the US... before and during the riot undermine seditious-conspiracy charges. Posted by: trailing wife 2022-01-16 |
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