seditious conspiracy and excess electors

As we have just passed the one-year anniversary of the attack on the US Capitol, we are getting more public insight into the investigations surrounding it.

In the United States, law enforcement and local, state, and federal judiciary officials do not publicly comment on ongoing investigations. They do this to avoid tipping their hand to those who might potentially be contacted to testify or who might eventually be indicted and also to not prejudice future jurors. This does, however, lead to lots of public speculation. Over 700 people had been charged in connection to the January 6th attack, many with misdemeanors but some with felonies, such as assaulting police officers.

This week, eleven members of the extremist group Oath Keepers, including their founder Stewart Rhodes, were charged with seditious conspiracy in conjunction with the attack on the Capitol. While there had been a few prior conspiracy charges, such as conspiracy to obstruct an official proceeding, this is the first instance of charges of seditious conspiracy.

The indictment is quite detailed about the weeks of planning and the actions of the Oath Keepers before, during, and after the January 6th Capitol breach. It helps explain why it took a bit over a year to issue the indictment, as it takes time to amass the evidence needed for the grand jury to charge the defendants. Now that this indictment focused on the Oath Keepers has been handed down, it’s possible that we may see other, similar indictments of members of the Proud Boys and other extremist groups. Given the way that these big investigations tend to start with lesser crimes and work their way through to more serious charges among those who engaged in orchestrating events, we may eventually see indictments of some elected officials who helped or coordinated with these groups.

It is likely that we are seeing a similar dynamic with the House select committee investigation. Investigative reporters have recently obtained copies of forged electoral college certification documents for Donald Trump from five states (Arizona, Georgia, Michigan, Nevada, and Wisconsin) that Joe Biden won, which were sent to the Congress and the National Archives. This suggest an organized attempt by Republicans to commit election fraud. Note that these materials were obtained by journalists through Freedom of Information Act requests in the states. They were not leaked from any Congressional or judicial investigations but it seems that those investigations already have these documents as part of their evidence.

Patience is required to see if this evidence will eventually result in charges but it seems that more and more evidence of conspiracy to overturn a valid presidential election is coming to light. I find it unnerving to see how close the US came to a coup but I hope that these investigations will root out all those responsible and bring them to justice before they have another chance to try again. If they do get that chance and succeed in rigging an election or overturning the results of a fair election, the United States will cease to be the oldest functioning democracy in the modern world.

We must not risk that happening.

In the United States, no one is above the law.

At least, that is what we keep telling ourselves.
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