The Biden Administration is abusing state power to create the appearance of a conspiracy to commit an insurrection on January 6th, 2021 at the U.S. Capitol. The problem is the indictment they just filed with the Circuit Court of the District of Columbia—it proves there was no conspiracy.
The malfeasance of the FBI, the Department of Justice, and the judges involved with the arrest and incarceration without bail of many of those who participated in the riot at the Capitol have been covered brilliantly in a series of pieces by Julie Kelly. These events are abhorrent to anyone who believes in the rule of law and better suited to a totalitarian police state removing political enemies. America is not supposed to have indefinite detention based on political beliefs, and yet here we are.
This treatment is all the more heinous when compared with the near-total lack of interest in prosecuting the year plus-long violence and destruction perpetrated by Black Lives Matter (BLM) and Antifa, some of which involved the seizure and continued occupation for weeks of government buildings. This is a far step from equal treatment under the law and should bring a concerted response from all those on the right who oppose tyranny.
Many of the acts described in the indictment are Constitutionally protected, but it seems that fades away when the left doesn’t like the reason they are being exercised. They attached the term “Big Lie,” a Nazi reference, to any disputes over the 2020 elections. Now they act empowered to treat any related activities as outside the law by that fictional connection.
A RALLY GONE WRONG
The government had to present their case to prove there was an insurrection planned for January 6th. Once this indictment saw the light of day, however, it was immediately apparent there was no insurrection and no conspiracy to commit illegal acts of any kind. In fact, the indictment has numerous instances of the so-called conspirators, members of a group known and the Oath Keepers and their associates, discussing the legality of certain actions, then specifically choosing to avoid violating the laws.
Essentially, the government case uncovers a conspiracy to petition the government for redress of grievances where citizens who believed an investigation into the election was needed gathered to say so. Perfectly legal and specifically outlined in the First Amendment. This remained the entirety of the government’s case against the January 6th protesters until, in the heat of the moment, some of those involved got swept up in a mob mentality and forced their way into the Capitol.
By the end of the three-hour riot at the Capitol, a number of actual crimes were committed, and those deserve punishment:such as destruction of government property and assaulting or impeding officers. But absent a conspiracy to commit an insurrection, and given a large amount of evidence that the intentions and most of the actions were entirely legal, what’s happening now is a massive injustice. Many of these people are being held without bail based more on their usefulness as pawns in this political play, than any actual ongoing threat. Even Members of Congress who according to DOJ, were the supposed targets of this have warned of prosecutorial overreach.
That is the extent of the government’s case. They caught this group of Oath Keepers and associates planning a trip to DC for a political rally, and used the actions of a few who on the spur of the moment broke into the Capitol to dub the whole thing a conspiracy.
The only conspiracy here is by the left to deprive their political opponents of their Constitutional rights.
THE CONSPIRACY THAT WASN’T
There are thirteen separate charges in the government’s indictment; the cri de Coeur from the Democrats and their media propaganda team has been that this was an insurrection per the indictment “to corruptly obstruct, influence, and impede an official proceeding.”
In my recent book Winning the Second Civil War: Without Firing a Shot (May 2021), I examined the definitions and actions that constitute insurrection, sedition, and domestic terrorism and how they apply to the actions of BLM, Antifa, and those involved in the Capitol Riot.
Here are the legal definitions:
18 U.S. Code § 2383 defines someone guilty of the crime of insurrection
or rebellion as: Whoever incites, sets on foot, assists, or engages in any rebellion or
insurrection against the authority of the United States or the laws
18 U.S. Code § 2384 defines seditious conspiracy as:
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.
Per the FBI:
Domestic terrorism: Violent, criminal acts committed by individuals
and/or groups to further ideological goals stemming from domestic
influences, such as those of a political, religious, social, racial, or
The government must prove that the individuals charged in the indictment planned and intended to conduct one or more of these acts. All of the evidence referenced in the indictment, however, shows that contrary to planning an attack on the Capitol, these individuals made certain to avoid breaking laws. In fact, the only conflict they contemplated was defensive in nature if Antifa attacked the rally.
Of the thirteen charges, the main one related to talk of an insurrection is “Charge One: Conspiracy.”