Judge Says Jan. 6 Was a “Seditious Conspiracy”

The Daily Escape:

Sandhill Cranes, Monte Vista National Wildlife Refuge, CO – February 2022 photo by Rick Dunnahoo

Most of us had few expectations that the organizers of the Jan. 6 insurrection would face any legal consequences. Indeed, we’ve had almost zero confidence that the truth about what led up to that day would ever be known.

That just changed. Politico reported that:

“Joshua James, one of the 11 Oath Keepers militia affiliates indicted earlier this year on a charge of seditious conspiracy alongside the group’s founder, Stewart Rhodes, on Wednesday became the first person to plead guilty to the sedition-related charge in connection with the storming of the Capitol on Jan. 6, 2021.”

James admitted that he tried to disrupt the peaceful transfer of presidential power and that Oath Keepers leader Stewart Rhodes had a “plan” for accomplishing that disruption. The plea deal statement describes planning that occurred in November 2020 in the DC area and VA:

“On November 14 and 15, 2020, James met with Rhodes and others in the Washington, D.C., metropolitan area and at Caldwell’s Virginia farmhouse and learned about the start of their plans to oppose by force the lawful transfer of presidential power.”

The November planning meetings are important, because they suggest broader coordination with “others” at the Jan. 6 March. Perhaps the most interesting detail of the statement describes a plan to report to White House grounds and secure the perimeter:

“In the weeks leading up to January 6, 2021, Rhodes instructed James and other co-conspirators to be prepared, if called upon, to report to the White House grounds to secure the perimeter and use lethal force if necessary against anyone who tried to remove President Trump from the White House, including the National Guard or other government actors who might be sent to remove President Trump as a result of the Presidential Election.”

This begs the question of who is suicidal enough to plan to meet as an armed group at the White House grounds, unless they believed they were invited there and cleared for entry by Trump. Absent that, they should have expected to be arrested or shot on sight.

We’re looking at a plea of seditious conspiracy. From the WaPo:

“Federal law defines seditious conspiracy as two or more people who “conspire to overthrow, put down, or to destroy by force the Government of the United States,” or act “by force to prevent, hinder, or delay the execution of any law of the United States.”

This means we can now legally describe Jan. 6 as a conspiracy to commit sedition. For those among us who were wondering what Merrick Garland’s DOJ has been doing for the last year, it’s this: January 6 was officially a sedition, at least for Joshua James.

That says things are getting very interesting, particularly when we add to it this from the WaPo:

“The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.”

In a court filing in a civil case in California, the Committee’s lawyers said they had accumulated evidence demonstrating that Trump, the conservative lawyer John Eastman, and others could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people by illegally obstructing the counting of Electoral College ballots.

The Committee made the statement in a court filing to force Trump’s lawyer, John Eastman, to turn over documents to the Committee. Eastman is the attorney who advised Trump that Vice President Mike Pence could reject the electoral ballots.

The Committee also released an email written in the middle of the Jan. 6 assault on the Capitol, to Eastman from Greg Jacob, a Pence advisor:

When you read the email above, don’t gloss over this sentence: “I share your concerns about what the Democrats will do once in power.” That shows he is a hard-right partisan. But he closes with the big point:

“…thanks to your bullshit, we are now under siege”.

Short-term, despite the way the media is breathlessly talking about the Select Committee’s court filing, the Joshua James guilty plea is more interesting.

He connects the dots with the Oath Keepers’ leader, Stewart Rhodes. James was also in contact with Roger Stone, which begs the question of what Stone knew about their plans, or more troublingly, what Stone might have directed them to do.

Let’s not get too excited, but it seems that it’s now remotely possible that Trump, Roger Stone, and others will discover that in America, it’s true that no one is above the law.

Cook up some popcorn and watch the show.

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