Tag Archives: January 6 prosecutions

What Happens When the Government Breaks Its Own Laws? By Andrew Napolitano

When the answer is nothing, the nation collapses. From Andrew Napolitano at lewrockwell.com:

Five members of the Proud Boys are currently on trial for sedition in federal court in Washington, D.C. Sedition is a conspiracy to overthrow the federal government by the use of force. This case stems from the events of Jan. 6, 2021 at the U.S. Capitol. During the trial, an FBI agent inadvertently admitted that she was asked to doctor and to destroy evidence, and that her colleagues have spied on defense lawyers in the case.

The Department of Justice has pursued the defendants in Jan. 6-related matters with much zeal. The current Proud Boys trial, however, exceeds anything that has recently been revealed.

Here is the backstory.

A conspiracy is an agreement by two or more persons to commit a crime that they are able to commit in which at least one of those who embraced the agreement took at least one step in furtherance of it.

Prosecutors love conspiracy cases because they are easy to prove. Yet, every modern definition of crime includes an element of harm. Since conspiracy is essentially a thought crime, the courts have dispensed with the element of harm. Stated differently, the government needs only prove the existence of the agreement and the single step in furtherance of its consummation. The government need not prove harm.

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Jan 6: The End of the Rule of Law, by Gregory Hood

When it takes over two years for exculpatory evidence to see the light of day, and even with its release there are no assurances that the railroaded defendants will see their unjust convictions reversed, then yes, we’ve seen the end of the rule of law. From Gregory Hood at unz.com:

January 6, 2021, was a disaster for the American Right. Despite the emotional satisfaction some felt, the riot at the Capitol discredited President Donald Trump, allowed the Left to call conservatives rioters, justified yet more repression, and forced Republicans who had been investigating the 2020 election into full retreat.

It would have been far better if the activists had done nothing, and if President had Trump urged demonstrators — unequivocally — to be peaceful. In the chaos that did follow, what was the rioters’ plan? There probably wasn’t one.

Congress impeached the President for supposedly starting an insurrection, but if he had wanted a coup, he could have called on the crowd to take the Capitol. Instead, in addition to warning them, “If you don’t fight like hell, you’re not going to have a country anymore,” he told them to “please support our Capitol Police and Law Enforcement,” “stay peaceful,” and then, finally, “go home with love & in peace.” Social media banned him, convicting him of the very charges for which the Senate acquitted him.

Was this an insurrection? We have prosecutions and even a few convictions for “seditious conspiracy,” but no level-headed person can possibly believe that the rioters who broke into the Capitol were part of plan to overthrow the United States government.

The seeming desperation of government officials, journalists, and politicians to make the January 6 riot seem like a fundamental threat to the republic have led some to suggest the entire thing was a hoax — an inside job by intelligence services. The truth is much more banal: It was a protest that got out of control. But no one seems to want to know what really happened and understand what went wrong: Why was there such poor security? Did the Capitol Police handle the crowd badly? What were the intent and motives of the people in the crowd? Were federal agents involved in any way?

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