1. If Trump's mob attacks with firearms, @SenateGOP @HouseGOP will either have to condemn them in unqualified terms or risk arrest on charges that could carry 50 years in prison. They might survive if they never talk again. But if they do and don't distance themselves from
2. the terrorists they can be charged for these crimes and murder conspiracy:

18 U.S. Code § 2383 - Rebellion or insurrection 10 years
18 U.S. Code § 2384 - Seditious conspiracy 20 years
18 U.S. Code § 2385 - Advocating overthrow Gov 20 years
@tedcruz @HawleyMO @laurenboebert
3. These crimes are special. @HouseGOP @SenateGOP should be aware that their spouses now have a good reason to rat them out to keep their pensions:

"Under provisions of current law, when a Member of Congress or other federal officer or employee forfeits his or her federal
4. annuity/pension because of a conviction for one of the offenses covered under the Hiss Act provisions of federal retirement law, that pension is not paid even to an “innocent” spouse or dependent of the Member, officer, or
5. employee, except under special circumstances for a “cooperating spouse.” @maddow @Lawrence @MaddowBlog


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More from @TimInHonolulu

13 Jan
1. Federal law contemplates charging members of Congress with Title 18 Chapter 115 disloyalty crimes and the Hiss Act provides for terminating Congressional pensions & benefits. IMO level of support for Trump will be inversely proportionate to the length of service. Just watch.
2. So members like @laurenboebert @mtgreenee and @HawleyMO have less economic motivation to avoid being charged. People like @RepMoBrooks @replouiegohmert may decide to save their pensions. If you look at the #SeditiousSeven @HawleyMO @tedcruz @SenHydeSmith @ScottforFlorida
3. @CynthiaMLummis @RogerMarshallMD @TTuberville only Cruz has any significant seniority. Rest are less than 3 years of service. So Cruz, who may still be able to think like a lawyer, will be viewing his options. He's already looking at a possible ban from office for his conduct
Read 7 tweets
13 Jan
1. Is @FoxNews" giving aid and comfort" to insurrectionists? Can the sponsors, hosts, directors, producers, writers, managers, and directors be charged under 18 U.S. Code § 2383 - Rebellion or insurrection?
2. "Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be
3. incapable of holding any office under the United States."

What have courts defined to constitute "aid and comfort?" The crime is also part of the treason statute and is addressed in cases of people charged with treason. Words alone can constitute aid and comfort.
Read 11 tweets
13 Jan
1. I'd love to have a spreadsheet of cash on-hand held by @GOP members. If McConnell is signaling that Koch's ecosystem is shutting off pro-Trump @SenateGOP from funding in this environment, they'd be starved for funds in 2022. That would impact these 18 Senators in running 2022:
3. This is where I stop and ask myself, what would I do if I were McConnell's puppeteer Charles Koch? And then I remembered that Koch is likely culpable starting in the armed astroturfing that also involved violation of the same crimes committed on 1/6.
Read 8 tweets
13 Jan
1. One reason why I am least worried about most members of military:

Code of Military Justice. 10 U.S. Code § 894 - Art. 94. Mutiny or sedition
(a)Any person subject to this chapter who—
. . .
(2)with intent to cause the overthrow or destruction of
2. lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

(3)fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to
3. take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
Read 5 tweets
12 Jan
1. The framers made a special rule for a traitors' children and grandchildren. Insurrection, that turns to violence like the #CapitolAttack was charged as treason during and after the Civil War. Why did framers make it constitutional to punish a traitor's descendants?
2. Here it is:
"The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted." III, 2, 2.
3. Have you folks discussed your decision with your children? Their children? Their children's' children? @HawleyMO @tedcruz @SenHydeSmith @ScottforFlorida @CynthiaMLummis @RogerMarshallMD @TTuberville @mobrooks @laurenboebert @mtgreenee @replouiegohmert

How about your staff?
Read 6 tweets
11 Jan
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
Read 10 tweets

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