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Posts Tagged ‘Seditious Conspiracy’

Seditious Conspiracy: A Fake Crime and a Danger to Free Speech

Posted by M. C. on April 22, 2024

Contrary to what a naïve reading of the First Amendment might suggest, the federal government has never been especially keen on respecting the right to free speech.

In real life, people can be found guilty of conspiring with people with whom they have never been in the same room, or with whom the “conspirator” expressed any actual violent intent.

https://mises.org/podcasts/censorship-and-official-lies-end-truth-america/seditious-conspiracy-fake-crime-and-danger-free-speech

Ryan McMaken

A presentation from “Censorship and Official Lies: The End of Truth in America?” This event was co-hosted by the Mises Institute and the Ron Paul Institute, and recorded in Lake Jackson, Texas, on April 13, 2024.

Full Written Text (Audio link is above): 

Over the past three years, the word “sedition” has again become popular among regime agents and their friends in the media. It’s certainly not the first time the word has enjoyed a renaissance. It’s frequently employed whenever the ruling class wishes us to become hysterical about various real and imagined enemies, both domestic and foreign.

This time, the regime’s paranoia about sedition was prompted by the Capitol Riot in January 2021, when we were told that Trump supporters nearly carried out a coup d’etat. Since then, regime operatives have frequently referred to Trump supporters and Trump himself as seditionists.

Yet, out of the approximately 850 people charged with crimes of various sorts, only a very small number have been charged with anything even close to treason or insurrection. Rather, most charges are various forms of infractions related to vandalism and trespassing. However, because these charges have to do with the regime’s sacred office buildings, the penalties are outrageously harsh compared to similar acts, were they to occur on private property.

For a small handful of defendants, however—the ones the Justice Department has most enthusiastically targeted—the federal prosecutors have brought the charge of “seditious conspiracy.”

Why not charges of treason, rebellion or insurrection? Well, if federal prosecutors though they could get a conviction for actual rebellion, insurrection, or treason for the January 6 riot, they would have brought those charges.

But they didn’t.

What they did do is turn to seditious conspiracy, which is far easier to prove in court, and is—like all conspiracy charges in American law—essentially a thought crime and a speech crime. Seditious conspiracy is not actual sedition, or rebellion, or insurrection. That is, there is no overt act necessary, nor is it necessary that the alleged sedition or insurrection actually take place or be executed. What really matters is that two or more people said things that prosecutors could later claim were part of a conspiracy to do something that may or may not have ever happened.

Moreover, the regime now routinely employs other types of conspiracy charges for prosecuting Americans supposedly guilty for various crimes against the state. At the moment, for example, Donald Trump faces three different conspiracy charges for saying that the 2020 election was illegitimate.

As we shall see, purported crimes like seditious conspiracy are crimes based largely on things people have said. They are a type of speech crime.  

Now, some may ask how that is even possible if there is freedom of speech in this country.

Contrary to what a naïve reading of the First Amendment might suggest, the federal government has never been especially keen on respecting the right to free speech.

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Seditious Conspiracy Is Not a Real Crime | Mises Institute

Posted by M. C. on May 9, 2023

Of course, as we’ve noted here at mises.org before, the very idea of treason is itself problematic, since it assumes that violence against a government agent is somehow worse than a crime against a private citizen. Governments love this double standard because it reinforces the idea that the regime is more important than the voluntary private sector. 

https://mises.org/power-market/seditious-conspiracy-not-real-crime

Ryan McMaken

Last Thursday, Enrique Tarrio, a reputed national leader of the Proud Boys organization was convicted in federal court of seditious conspiracy along with three-co-defendants. This conviction in a District of Columbia court represents a victory for the Justice Department which has now charged more than a thousand people with “crimes” related to the January 6 riot at the US capitol. Most of the charges related to the riot have been for small-time offenses that amount to vandalism and trespassing. A handful of those allegedly involved in the riot, however, have been convicted of seditious conspiracy.

Notably, Tarrio wasn’t even in Washington, DC on the day of the riot, and thus could not have engaged in any violent acts against Capitol personnel. Yet, he has nonetheless been convicted on grounds that he was involved in some sort of “agreement” to “hinder” federal laws, and thus is guilty of saying things that allegedly led to the riot. The Tarrio case is an excellent example of how federal “crimes” can be spun by federal prosecutors from actions that are neither violence, nor fraud, nor any other act that a normal person would recognize as a real crime. 

Seditious Conspiracy Was Invented to Get Around Limitations on Treason Prosecutions 

Seditious conspiracy must not be confused with the act of treason legally defined in the US Constitution, however. Generally speaking, while treason requires an overt act of some kind, seditious conspiracy is a charge that a person has said things designed to undermine government authority. In other words, it is a “crime” of intent as interpreted by state authorities. This is fundamentally different from picking up a weapon and using it against agents of a government.

Of course, as we’ve noted here at mises.org before, the very idea of treason is itself problematic, since it assumes that violence against a government agent is somehow worse than a crime against a private citizen. Governments love this double standard because it reinforces the idea that the regime is more important than the voluntary private sector. Ultimately, however, violence against a person or property should be prosecuted as exactly that, and not as some separate category of crime against the “special” human beings who work for a regime.

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