1. Chapter 115 of Title 18 contains the disloyalty crimes. The first and mother of all disloyalty crimes is Treason. It has rarely been charged & has Constitutional requirement of two witnesses and involves joining an enemy during declared war or being part of armed rebellion.
2. The federal penalty includes a minimum of 5 years, and it can carry the death penalty. A conviction bans the defendant from ever holding office. Several states have treason statutes that mostly track the US statute.
3. The next one, 18 U.S. Code § 2382 - Misprision of treason, may be relevant to a lot of people around the folks planning to attack. "Having knowledge of any treason" you must report it or you can be charged with a crime that carries up to 7 years. So if you know someone is
4. about to attack DC or a state house and don't report it, you can be charged with this felony. Members of Congress who are getting information from their supporters that include these threats should be aware that they have no immunity.
5. Next is 18 U.S. Code § 2383 - Rebellion or insurrection. This is the offense likely to be charged in the Capitol attack. It makes it a 10 year felony and ban from office for anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the
6. authority of the United States or the laws thereof, or gives aid or comfort thereto." This statute covers a broad spectrum of conduct that come from the fact that one challenges the authority of the US even if it is just from words. A classic prior restraint. IMO members of
7. Congress, Trump, Giuliani, Fox News and others have violated this and can and should be charged.
Next, 18 U.S. Code § 2384 - Seditious conspiracy, involves several types of conduct. First it involves two or more people who conspire to us force against the govt.
Next, 18 U.S. Code § 2384 - Seditious conspiracy, involves several types of conduct. First it involves two or more people who conspire to us force against the govt.
8. It carries up to 20 years.
Finally, 18 U.S. Code § 2385 - Advocating overthrow of Government is also a pure prior restraint that criminalizes the knowing advocacy of overthrow by force OR violence. So violence is not necessary. Use of Trump's power in the final days of his
Finally, 18 U.S. Code § 2385 - Advocating overthrow of Government is also a pure prior restraint that criminalizes the knowing advocacy of overthrow by force OR violence. So violence is not necessary. Use of Trump's power in the final days of his
9. administration IMO would be sufficient "force" even if it lacked violence. This crime carries a maximum penalty of 20 years and oddly bans from office for 5 years after conviction.
IMO the members of Congress who advocated the attack and/or assisted it can and should be
IMO the members of Congress who advocated the attack and/or assisted it can and should be
10. be charged under these statutes. For @FBIWFO @FBI dealing with the threats being brought, having a clear understanding of what is needed to make an arrest under these statutes is critical. I refer it as the "magic words." Anyone who says them should immediately be charged.
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