Opinion: The DOJ Must Prosecute Trump’s Cabal for Seditious Conspiracy

After Senate Republicans blocked a bipartisan commission to investigate the events leading up to and surrounding the Trump-directed deadly insurrection on January 6, there was gnashing of teeth and outrage from Democrats in Congress.

However, there was, and still is, little consternation that the one federal agency tasked with investigating and prosecuting the obvious seditious conspiracy against the United States is doing nothing leading one to believe the Biden Department of Justice is protecting the insurrection’s leadership much like former Attorney General Willian Barr protected Trump..

In case there is any confusion regarding exactly what constitutes “seditious conspiracy,” 18 U.S. Code § 2384 – Seditious conspiracy clears up any confusion:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.” (author bold)

And in case there is any misunderstanding about what “sedition” entails, the legal definition is thus

Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws.

Only fools reject the idea that Trump and his fascist cabal were inciting “discontent toward and insurrection against” the established government authority. For dog’s sake, even “Moscow” Mitch McConnell acknowledged that Trump was behind the attempted coup and cited the criminal and civil recourse for holding him responsible. But apparently that Republican leader’s indictment isn’t enough for the Biden Department of Justice to act.

It is true that the Justice Department is prosecuting the individuals directly involved in attacking the Capitol, but they are not pursuing Trump and his cabal who used “speech and organization” to incite the insurrectionists to action. In fact, the Trump Operation spent over $3.5 million to organize the rally that Trump and his seditionist cabal used to incite the militants to action.

As of late, Trump’s allies have ramped up their rhetoric supporting taking up arms, including a military coup, against the government with veritable impunity.

A former general and current member of Congress are speaking directly to the same class of malcontents who attacked the Capitol and there is no action from the Department of Justice. And no, all speech is not protected according to two Supreme Court rulings including one specifically based on the prohibition on inciting sedition against the government.

The inherent danger in allowing the continued incitement to violence and calls for armed rebellion to go unpunished is that traitors like Michael Flynn and Matt Gaetz are speaking directly to the 28% of Republicans who believe “true American patriots may have to resort to violence to save the country, sweep away the elites in power, and restore the rightful leader.“

No matter how outraged congressional Democrats and a couple of Republicans are about the real threat of Trump’s acolytes taking up arms against the government and anyone they perceive as enemies, it is not Congress’ job to shut down the people driving the seditious conspiracy. That task falls to the Department of Justice that appears to be disinterested in anything challenging Trump.

Former Assistant FBI Director Frank Figliuzzi spoke the absolute truth about the only means of heading off an armed rebellion against the government – what 28% of Republicans say is necessary to save America and a Q-Anon mindset being embraced by extremist evangelical fanatics.  Mr. Figliuzzi said:

It has gotten worse and emboldened Trump and those around him who is talking about coming back into power magically in August. They think [it] can happen, we better pay attention. Chris Wray said what happened was domestic terrorism. 25 years in FBI, here’s how you deal with domestic terrorism threat, any terrorism threat.

They have to dismantle the leadership structure, if that means sitting members of congress or people in Trump’s circle like Rudy Giuliani or Trump himself, so be it. It will not go away if they keep inspiring and mentoring others.

The sad truth is that no matter how much Democrats feign outrage at the sedition being incited by Trump’s sycophants, they are powerless to do anything but wring their hands and threaten to investigate the traitors. The Department of Justice must act and instead of waiting for another attack on America, perhaps President Biden can summon his Attorney General to the White House and kick his frightened ass into gear before there is an even bloodier attack on America.