Oath Keepers leader, 10 others charged with seditious conspiracy in Jan. 6 Capitol riot

Actually, it falls under
18 U.S. Code § 2383 - Rebellion or insurrection.
18 U.S. Code § 2383 - Rebellion or insurrection | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

 

Dont worry there will be plenty of room for those insurrectionists.

 

That is LITERALLY the fallacious argument that's being used against both person Donald Trump and the criminal defendants in this case. So now the argument that's being used against Trump and these defendants, don't fit for Epps? This is precisely what I mean in that we have become the Democratic Republic of North Korea. Political show trials, the attempts to attain documents from sitting members of the legislature without a crime!(Which in my view is one step short of the 'honor duels' that marred Congress a century prior)

Under Biden in less than one year, America lost the prestige that made her the beacon of the free world.

 

Hey man at least we aren't Australia!

 

Show Indictments:

"The charge is the wrong one because the defendants were acting in a belief that they were protecting the country, not waging war against it:"

"Two elements are indispensable to the crime of seditious conspiracy. First, there must be an agreement to use force, as opposed to protesting peacefully — even if rambunctiously. Second is the concept of levying war against the United States or opposing the lawful authority of the United States. Both elements will pose insuperable challenges to the case."

"Stewart Rhodes, the founder of the Oath Keepers militia, and 10 other people were charged Thursday with seditious conspiracy, which is defined as meaning "to overthrow, put down the government", but, the Oath Keepers were actually trying to uphold the Constitution, based on" their understanding of the 12th amendment.

"Nearly 30 years ago, I prosecuted the last major, successful case of this kind," he writes, explaining at that time, jihadists who wanted to stage attacks on Americans were under trial. "Thankfully, people in the United States do not often try to make war on their fellow Americans, violently overthrow the government, or otherwise forcibly attack facilities and officials specifically because they are part of the government."

"The events of Jan. 6 are "complicated" said McCarthy, but they involve protesters who believed they were saving the country, not waging war. The Justice Department's charges against the Oath Keepers tell just half a story and that to prove they were conspiring to stop the transfer of the presidency would mean" that they thought Biden had won, which clearly was not their belief at all.

"The Oath Keepers alleged actions took place" because they suspected "foreign interference, voting-machine manipulation, and counterfeit-ballot stuffing — that the election had been stolen, and that only by" demanding legislative investigation of "that outcome could the country be saved."

"Trump emphasized the use of peaceful protest so many times that he could never be" reasonably suspected "of seditious conspiracy" He never "conspired with others to use force."

"And as a result, Trump's supporters never intended to levy war against the United States."

"They thought they were defending the country, the Constitution, and the government."

If "the Oath Keepers" broke laws they should be "prosecuted, but seditious conspiracy is the wrong charge."

"For political reasons, Democrats and Trump opponents want to brand January 6 as sedition, since sedition is the closest thing to insurrection," said McCarthy. "But it is not good law enforcement to infuse a prosecution with complications that needlessly risk acquittal, especially when more fitting charges would provide for the lengthy sentences that the most culpable rioters richly deserve."

https://www.newsmax.com/politics/andrew-mccarthy-oath-keepers-jan-6-trump/2022/01/15/id/1052557/

Yup. They'll not be convicted, because they are not guilty of this charge, not because they are not possibly guilty of charges that actually fit their actions.

Politicalization of criminal prosecution never furthers the goals of ordered liberty.