Thread by @Teri_Kanefield

Here's seditious conspiracy: law.cornell.edu/uscode/text/18…

🔹Two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States,

🔹Conspire to overthrow, put down, or to destroy by force the Government of the United States (OR levy war)

🔹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.

Treason is almost impossible to charge. It's defined in the Constitution as ⤵️ and the Supreme Court has said that the "enemy" must be a country in which we are at open war--meaning a war declared by Congress.

So what's going on here?

How is it that NOW we get to seditious conspiracy and move up to the level of planners?

Merrick Garland explained it in his speech. justice.gov/opa/speech/att…

Investigators work their way up the ladder.

How long does it take? Rhodes has been under investigation since last spring.

Why so long?

Read the indictment. Goodness, the work to put together all those facts.
nytimes.com/2022/01/13/us/…

I've said this before: Wanna make life easy on defense lawyers? Rush an indictment.

May as well read the indictment here.

Lots of people, lots of charges . . . all charged with seditious conspiracy.

What sets seditious conspiracy apart is the "force" element.

The indictment tells a harrowing story of what is basically a military operation.

2 days after the election, they planned for "civil war" and modeled their operation on the overthrow of Milošević.

He published his plan (screenshot #2) under the headline "WHAT THE PEOPLE MUST DO"

I really wish the "DOJ is doing nothing" people would read this entire indictment and consider the work involved in getting this info. Okay, I'll stop having little rants.

In a group chat: "It will be a bloody and desperate fight."

What did the president know and when did he know it?

(That was another digression and not in the indictment, but inspired by⤵️)

The indictment outlines the detailed planning through December.

Here we see traces of the Brooks Brothers Riot in Florida, organized by Steve Bannon (that was when a riot intimidated the vote counters and stopped the counting of votes in Florida, 2000.)

But Rhodes doesn't think the Senators will listen.

Literally planning a military operation, including a "base of operations" (the Comfort Inn in Arlington) where they stored firearms. #1

Rhodes went on a shopping spree for the occasion. #2

(Premeditated crimes are always more serious).

A "Potomac crossing," screenshot #1

Sent queries about the "ammo situation."

More shopping, screenshot #2

On Jan. 6, the conspirators "communicated and prepared to head to the Capitol."

They approached the Capitol in stack formation wearing tactical gear. #1

They're coordinating through chat messages, which I think means FBI got their phones.

Pence betrayed them and they're sticking to the plan. #2

At 2:00 they are almost to the Capitol. "I'm gonna be a little busy," Watkins warns via chat.

Rhodes entered the restricted Capitol grounds at 2:12.

They stay in stack formation in the Rotunda, and they're "rocking it." #2

While they're pushing back the police line, they're chatting about what they're doing.

Really dumb. It's like keeping a journal of all your crimes.

If you read good crime fiction, you may have the idea criminals are smart masterminds.

Generally, no.

On the evening of Jan. 6, they met in their hotel room to celebrate and plan their next steps. (#1)

They planned to return in the morning.

"We aren't quitting! We are reloading!" (#2)

Then they did more shopping for firearms and ammo. #3

Yes, getting constructing the chats required getting their phones, which started a year ago.
Thanks, @katz_mum

https://twitter.com/emptywheel/status/1482073594381410309

I still have people in my mentions who think "early indictments" (indicting before investigations are complete) would have been a good idea🤷‍♀️