Sedition

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The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Trump on Trial: A Model Prosecution Memo for Federal Election Interference Crimes

A bipartisan team of former federal prosecutors, defense counsel, and other legal experts drafted a "model prosecution memo" for the potential case of United States vs. Donald…
At least ten alleged members of the Oath Keepers in military fatigues are tagged in a photograph of a mob of people entering the Capitol on January 6th. The photo and tags identifying individuals are presented in an FBI Affidavit submitted by the Justice Department.

Stewart Rhodes Should Get No Leniency For Leading Anti-Government Paramilitary Group

The Oath Keepers' record of taking up arms against the government shows why Stewart Rhodes' request for leniency in sentencing should be roundly rejected.
Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC.

Do State Laws Block Insurrectionists from Office?

The next two years are likely to see a test of what may turn out to be the most legally consequential recommendation—other than the suggestion of criminal charges—made by the…

The Government Was Right to Charge Seditious Conspiracy

Former senior Justice Department official and leading expert on militias assesses Justice Department's approach to seditious conspiracy cases following Oath Keepers verdict.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump

The Justice Department’s current investigation of criminal efforts to overturn the results of the 2020 presidential election apparently is taking two paths. One investigative…
Flynn speaks to Trump supporters during a rally to overturn the election results outside the Supreme Court on December 12, 2020 in Washington, DC. The Trump supporters carry American flags, Trump flags and signs. Many take photographs or video with their phones.

Getting Real About General Flynn

At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
January 6th insurgents watch Trump on a billboard projection or television. This is a screenshot from the Parler video and shows the backs of peoples’ heads as they watch Trump.

“Fight for Trump”: Video Evidence of Incitement at the Capitol

New video footage scraped from Parler, and former federal prosecutors' reactions.
(FILES) Supporters of US President Donald Trump wear gas masks and military-style apparel as they walk around inside the Rotunda after breaching the US Capitol in Washington, DC, January 6, 2021.

Military Personnel and the Putsch at the U.S. Capitol

If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
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