Here’s the key statute in Rhodes’s indictment (“SEDITIOUS CONSPIRACY”: 18 U.S. Code § 2384). Note that the use of the term “force” is different in kind from the other charges against Rhodes and his co-conspirators. 1/13
Other charges include: obstruction of an official proceeding; conspiracy to prevent an officer to discharge any duties; destruction of government property; civil disorder; assaulting, resisting, or impeding certain officers; destroying documents on or after Jan 6. 2/13
All of these other federal crimes were committed *in the course of pursuing seditious conspiracy.* (Consider especially “...or by force to prevent, hinder, or delay the execution of any *law* of the United States.”) 3/13
So the question arises: was Trump aware that a seditious conspiracy was afoot by Oath Keepers and--in the words of the indictment--“other co-conspirators, known and unknown to the Grand Jury” when he sent the mob to the Capitol on Jan 6? 4/13
*Of course* he was.

*Of course* he was aware that the seditious conspiracy involved the show and use of force that at the very least would intimidate Congress and prevent the certification of Biden’s election. That was *what it was all about*! 5/13
The term “force” in the statute covers actions intended to *intimidate* Congress on Jan 6. Clearly, Trump hoped that the intimidation, if not actual violence, would do the job when he sent the mob to Capitol Hill. (It’s why it took him so long to urge his mob to “go home.”) 6/13
Read all the details in the indictments about *force* in the charges and think about the <<force INCLUDES intimidation>> equation and you will see that it is only a matter of time before Garland indicts Trump for SEDITIOUS CONSPIRACY. 7/13
To date, at least 265 individuals (besides the Oath Keepers) have been charged with obstruction of an official proceeding, and many more have been charged with trespassing, destruction of federal property etc. 8/13
Trespassing and obstruction are charges that are limited to a specific event--an official proceeding on that day. The DoJ must have decided that the individuals charged with obstruction had no plan beyond stopping the certification of Biden’s electoral win on Jan 6. 9/13
The significance of the Oath Keepers indictments is that they charge individuals with a wider plan, not just to obstruct an official proceeding, but to use force to subvert a federal *law*--in this case, the constitutional and statutory law governing a federal election. 10/13
That conspiracy began long before Jan 6, was partially executed on Jan 6, and continued until Jan 20 in an attempt to block Joe Biden’s inauguration. (In the event, it even extended beyond Jan 20 with the faux audits and other shenanigans.) 11/13
Were the Oath Keepers the only conspirators? Of course not. We see clear indications every day that the seditious conspiracy involved many others --not just Trump, but Flynn, Giuliani, Jones, Stone, Alexander, and others as well. 12/13
Expect shoes in the form of seditious conspiracy charges to start dropping on them too, in due course. 13/13

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More from @twoodiac

16 Jan
There are two passages in the Oath Keepers indictments whose significance has gone unnoticed by the commentators. These passages suggest that someone in the inner circle of the Oath Keepers has already flipped and become a DoJ informant. 1/20
Paragraph 19 of the charging document: The charging document identifies individuals Rhodes trusted as part of his inner circle, and names them. Question: why is the *operation leader* not named, and why was s/he not indicted? 2/20 Image
The above paragraph is incorporated in the part of the document (paragraphs 14 through 134) concerned with the key seditious conspiracy charge (18 USC § 2384). 3/20
Read 22 tweets
13 Jan
“The DoJ alleges the defendants conspired to forcefully oppose the transfer of power between then-President Donald Trump to Joe Biden, including by trying to take control of the U.S. Capitol.” 1/5
Let me note that the use of encrypted digital messages strongly corroborates my criticism on Jan 5 of a thread by @SethAbramson. 2/5
The same point was made recently by @glennkirschner2 3/5
Read 6 tweets
20 Dec 21
I think there is at least a 50-50 chance that Trump will be indicted and convicted for serious *federal* crimes. It is therefore highly relevant that a Republican POTUS in Jan 2025 could pardon Trump for those crimes. 1/5
That is another reason why politics is the name of the game behind Trump’s lawsuit against Letitia James.

Trump is announcing, among other things, that there will be a loyalty test for all R politicians in the midterms and in 2024. 2/5
The loyalty test is to ignore any state or federal crimes he has undoubtedly committed.

For Trump, it has always been a question about who you are for and who you are against--and certainly not the law.

And you have to be *for* him. He has always demanded complete loyalty. 3/5
Read 6 tweets
20 Dec 21
"Mr. Trump’s lawsuit comes less than two weeks after Ms. James signaled that she would seek to question Mr. Trump under oath early next month."

He's scared to death.…
He's doing this to block the subpoena to testify under oath. But it's such a flakey move it will only get him a very short delay. In the meantime, it's a bad look for Trump. It makes him look like he's running from the law, which he is. He's getting desperate.
I expect, momentarily, to see all the legal experts weighing in about what a flakey move this is by Trump. But Trump must *know* that it is a flakey *legal* move. (He isn’t that stupid.) But to understand his motive here, it is necessary to look at the *politics*.
Read 13 tweets
17 Dec 21
The federal government has *plenary* authority over interstate commerce. Consequently, Congress could simply strike down the laws in 19 states barring the transportation of abortifacient pills across state lines. For that matter, so could the Commerce Dept through regulation. 1/2
Example: a number of states have laws regulating the transport of fruits and vegetables across their state lines, but states can apply these regulations *only* because the U.S. Dept of Agriculture permits it. (The Dept also has its own regulations.) 2/2
What everyone seems to be missing is that Interstate commerce involving Mifepristone became an issue the very moment the FDA approved its use and sale. Obviously, no state can bar the importation of any legal substance or product unless the federal govt approves such a ban.
Read 11 tweets
11 Dec 21
It’s taking a long time to indict Trump b/c it’s all very complicated, involving hundreds--may thousands--of interrelated moving parts. Before indicting just one part of it effectively (e.g., obstruction of justice), one has to have pieced together all the parts of the plot. 1/6
Then one has to boil it all down to a theory of the case that is simple and compelling enough to convince a jury in real time. (Real time being trial time). 2/6
At his confirmation hearing, Garland pledged to make investigation into Jan. 6 his first priority as AG. He also said that, if confirmed, he would not rule out investigating funders, organizers, ringleaders, aiders or abettors of the assault. 3/6
Read 7 tweets

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