Thread by @ThatShockratees

I hear talk about "sedition," which is a criminal offense prosecuted only by prosecutors who choose to do so.

Query who might have standing to sue under related CIVIL statute 5 USC 7311 "Loyalty and Striking."

Sec. 7311 is mostly known as the anti-federal-strike statute, because it prohibits labor strikes against the federal government. But it also bars any person who "advocates the overthrow of our constitutional form of government" from holding a position in the US government.

I'd argue Trump's approaches to various governors and officials, demanding they discard the duly chosen electors and replace them with a slate friendly to Trump, are square within the definition of "advocacy of overthrow."

This should (at least) be a basis for civil suit by any elector or state election official potentially affected. Question of mootness arises bc his efforts appear futile. It might still be useful for ethics watchdogs to consider suing Trump.

It would also be a basis to sue if Trump or anyone associated with his overthrow efforts sought office in the future. Being a member of an organization that advocates overthrow is also barred. I think you could clear ripeness if Trump was actively campaigning.

To be clear, my organization argument pertains to Trump's "campaign" grift, not GOP as a whole. Republican governors resisted his overtures.

But could you sue to deem Trump unqualified to campaign? Seems like it. It's only unprecedented because no one's pulled this crap before.