Posted on Jun 9, 2022
5 key questions the Jan. 6 committee will tackle in its hearings
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PO1 William "Chip" Nagel good morning, thank you for the solid read/share of the most informational good buddy.
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Federal Criminal Law: January 6, 2021, Unrest at the Capitol
SOURCE :
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim
18 U.S.C. 2385 - Advocating overthrow of Government
SOURCE :
https://www.govinfo.gov/app/details/USCODE-2011-title18/USCODE-2011-title18-partI-chap115-sec2385
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
https://crsreports.congress.gov/product/pdf/LSB/LSB10564
Treason, Sedition, And Subversive Activities
* 2383 – Rebellion or insurrection. Inciting or assisting a rebellion against the United States, or giving comfort to those who insight an insurrection, can be imprisoned for up to 10 years under this statute.
* § 2384 – Seditious conspiracy. If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.
* § 2385 – Advocating overthrow of Government. Knowingly and willfully advocating the overthrow of the U.S. government or the government of any states or territories can result in a fine and up to 20 years of imprisonment. Organizing groups to overthrow the government or circulating materials aimed at overthrowing the government can also result in charges under this statute, as can conspiring to commit any of the offenses listed in 18 U.S. Code section 2385.
SOURCE :
https://www.lvcriminaldefense.com/usc/treason-sedition-and-subversive-activities/
SOURCE :
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim
18 U.S.C. 2385 - Advocating overthrow of Government
SOURCE :
https://www.govinfo.gov/app/details/USCODE-2011-title18/USCODE-2011-title18-partI-chap115-sec2385
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
https://crsreports.congress.gov/product/pdf/LSB/LSB10564
Treason, Sedition, And Subversive Activities
* 2383 – Rebellion or insurrection. Inciting or assisting a rebellion against the United States, or giving comfort to those who insight an insurrection, can be imprisoned for up to 10 years under this statute.
* § 2384 – Seditious conspiracy. If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.
* § 2385 – Advocating overthrow of Government. Knowingly and willfully advocating the overthrow of the U.S. government or the government of any states or territories can result in a fine and up to 20 years of imprisonment. Organizing groups to overthrow the government or circulating materials aimed at overthrowing the government can also result in charges under this statute, as can conspiring to commit any of the offenses listed in 18 U.S. Code section 2385.
SOURCE :
https://www.lvcriminaldefense.com/usc/treason-sedition-and-subversive-activities/
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1.) This is American fascism
Like Mussolini’s March on Rome and Hitler’s Beer Hall Putsch, Donald Trump’s Insurrection is the beginning of years of street violence.
Louie Dean Valencia-García
14 January 2021, 12.00am
SOURCE :
https://www.opendemocracy.net/en/countering-radical-right/american-fascism/
2.) The far right
America is now in fascism’s legal phase
The history of racism in the US is fertile ground for fascism. Attacks on the courts, education, the right to vote and women’s rights are further steps on the path to toppling democracy
Jason Stanley
Wed 22 Dec 2021 05.00 EST
SOURCE :
https://amp.theguardian.com/world/2021/dec/22/america-fascism-legal-phase
3.) The Five Stages of Fascism*
Robert O. Paxton
Columbia University
SOURCE :
https://www.journals.uchicago.edu/doi/10.1086/235001
Like Mussolini’s March on Rome and Hitler’s Beer Hall Putsch, Donald Trump’s Insurrection is the beginning of years of street violence.
Louie Dean Valencia-García
14 January 2021, 12.00am
SOURCE :
https://www.opendemocracy.net/en/countering-radical-right/american-fascism/
2.) The far right
America is now in fascism’s legal phase
The history of racism in the US is fertile ground for fascism. Attacks on the courts, education, the right to vote and women’s rights are further steps on the path to toppling democracy
Jason Stanley
Wed 22 Dec 2021 05.00 EST
SOURCE :
https://amp.theguardian.com/world/2021/dec/22/america-fascism-legal-phase
3.) The Five Stages of Fascism*
Robert O. Paxton
Columbia University
SOURCE :
https://www.journals.uchicago.edu/doi/10.1086/235001
Like Mussolini’s March on Rome and Hitler’s Beer Hall Putsch, Donald Trump’s Insurrection is the beginning of years of street violence.
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