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

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

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More from @Teri_Kanefield

13 Jan
"Working relationship" means "repeat his lies."

That's Trump's role. He signals the lies and the entire right-wing falls in line.

The latest lie is that the J6 committee is illegitimate.

Now Kevin McCarthy is repeating that lie, even though he knows it's a lie.

1/
In his executive privilege lawsuit, made the [bogus] argument that the J6 committee is illegitimate.

It doesn't matter that the lie lost in court: Trump succeeded in signaled the lie.

Now Kevin McCarthy is repeating the lie.

2/

Now we the argument that the committee is illegitimate repeated in all the challenges to the J6 subpoenas and other lawsuits.

In his testimony before Congress and his book, @MichaelCohen212 explained how Trump signals the lie people are supposed to tell.

3/
Read 17 tweets
11 Jan
Check this out.

#1: "Criminal investigators" in Georgia were "working to build a line of communication with congressional investigators."
cnn.com/2021/09/17/pol…

#2 is from the select committee website.
january6th.house.gov/about

1/
I read these as saying that the select committee is working with anyone else investigating the January 6 attack so that the work can build on one another to avoid duplication of effort.

2/
DOJ lawyers represented the National Archives in Trump's executive privilege lawsuilt, arguing alongside the select committee lawyers.

See where I am going with this?

Yes, it's 3 separate investigations.
But they're coordinating to avoid duplication of effort.

3/
Read 4 tweets
10 Jan
My latest for The Washington Post:

Perspective | The First Amendment may not help Jan. 6 defendants as much as they think it will.

Garland’s speech last week contained a warning that prosecutors will parry free-speech arguments.
washingtonpost.com/outlook/2022/0…
1/
Garland told his audience that he has his sights on all the perpetrators.

He also (interestingly) launched into a discussion about the First Amendment.

We've seen the First Amendment defense repeatedly from those fighting subpoenas or dealing with indictments.

2/
When Trump faced trial in the Senate after his second impeachment for inciting a riot, he used a First Amendment Defense.

Giuliani used a First Amendment defense against Swalwall's lawsuit accusing him of (among other things) inciting a riot.)

3/
Read 23 tweets
9 Jan
There are a few assumptions in here.

Assumptions:

(1) The DOJ is waiting for a referral
(2) The DOJ is not working in coordination with the select committee
(3) The DOJ is doing nothing

I mean, other than that . . . 🤷‍♀️

1/
While the select committee has said it will make referrals where it deems them appropriate, I haven't heard anything about the DOJ "waiting" for a referral.

The select committee has said that it is working in coordination with other agencies to avoid duplication of effort.

2/
We know that the Georgia DA is coordinating with the select committee. Why not the DOJ also?

We also know that the DOJ lawyers represented the National Archives in Trump's executive privilege lawsuit.

3/
Read 19 tweets
6 Jan
This is also Merrick Garland's argument and approach: Fight authoritarianism with rule of law, not more authoritarianism.

Save democracy with more democracy, not less.

h/t @TWLadyGrey

1/
From @magi_jay's essay ⤵️

Some of Garland's critics see rule of law and commitment to the slow, grinding proceduralism of democracy as weakness.

Some can conceive of no possible motive other than corruption. "Garland must be bought off! Nobody can be so weak."

2/
It is also the approach of @BarackObama which makes sense because, as @magi_jay points out, this is the approach of the Democratic Party.

Obama says the cure to an ailing democracy is more democracy (by which he means civic engagement).

3/
Read 8 tweets
6 Jan
Here's why I think the answer is yes:

In its docs, the J6 committee said they're coordinating with other agencies to avoid duplication of effort.

We know they're coordinating with GA, which confirms (1).

In the exec. privilege docs, we see they have access to that evidence.
Randall also answered the question, so I'll drop his answer here:
I hesitate to speculate about the motives for some of the attacks, but I have noticed that some accounts achieved fame by attacking Trump. There is something appealing about attacking and being the "opposition" party and going after those in power.
Read 5 tweets

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