photo: Tyler Merbler
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There’s a great mash up of Fox News hosts saying no one was charged with “insurrection” or “sedition” on January 6th, part of Fox News hosts’ attempts to say an insurrection never happened—before some of the major players were charged.
But then came the Oath Keepers leaders’ charge and conviction on seditious conspiracy, and then just recently four Proud Boys convicted of seditious conspiracy.
You have to watch the mash up to see how foolish the Fox News hosts look now—it’s on Twitter and I can’t embed it here as Twitter is fighting with Substack, so you just can go to this link to Twitter and watch it.
But what’s pathetic is that Trump followers still believe that the fact that no one was charged with “insurrection”—even though several have now been convicted of seditious conspiracy—proves there was no insurrection. What it actually proves, however, is how stupid they are!
And Mark in Kansas, who called SiriusXM program, thought he was engaging in a gotcha moment when he actually was showing his ignorance.
Insurrection is simply the act of overthrowing the government, even if spontaneously, while the charge of seditious conspiracy involved, well, a planned out conspiracy that is premeditated.
Q2: Is it a federal crime to commit “sedition” and “insurrection”?
A2: It is a serious federal crime to commit seditious conspiracy or to participate in an insurrection against the government.
Under 18 U.S.C. § 2384, “seditious conspiracy” occurs when two or more persons:
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.
Individuals charged with seditious conspiracy can be fined and could serve up to 20 years in prison.
It’s the part about preventing or hindering the execution of any law—in this case the certification of an election—that is also a serious part. Seditious conspiracy includes insurrection, but conspiring to do it.
Insurrection alone, however, is a lessor offense:
Insurrection is captured by 18 U.S.C. § 2383 and applies to “[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the law there, or gives aid or comfort thereto.” Charges of insurrection, or the incitement of insurrection, involves fines and imprisonment of up to 10 years. Individuals charged with insurrection are also ineligible to hold public office in the United States.
Anyway, listen to MAGA Mark and my response and let me know your thoughts!