South Dakota Top Blogs

News, notes, and observations from the James River Valley in northern South Dakota with special attention to reviewing the performance of the media--old and new. E-Mail to MinneKota@gmail.com

Sunday, June 27, 2021

Why the GOP doesn't want the Jan.6 insurrection investigated

In reaction to the invasion of the Capitol on Jan. 6,  Republicans have marshaled a massive resistance to any inquiry about it.  Some people may be puzzled by their obstinance, but most people recognize it as an effort to cover a lot of vulnerable ass. What is not clear to most, however, is how much ass there is to cover and how  vulnerable it is.

The first indication of what is so bothersome in the GOP mentality about the incident was the objection to calling the invasion an insurrection.  Some Republican congress people tried to gaslight Americans into thinking that what they witnessed through the video clips was just a rally of Trump supporters.  Some political scientists and Constitutional scholars  have pointed out a reason why the GOP is so desperate to misportray what happened that day.

They want to avoid the word treason at all costs. They do not want an investigation which might--most likely will--conclude that the invasion of the Capitol was an act of treason.  Some historians point out that it is the most serious internal attack against the government in the nation's history. It was not a matter of partisans squaring off in a street riot.  It was an attack on the nation itself in an attempt to overturn the  most essential function of democratic governance, the vote of the people.  The mob intended to obstruct the official tally of the vote from the 2020 election by a joint session of Congress.  

There are grades of rebellion, as will be shown below.  Treason is the most serious and is included in the Constitution.


Article III, Section 3, Clause 1:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The other forms are covered by statutes  The problem, is that the Capitol invasion can be interpreted as an act of war and there are a number of GOP members, including Donald Trump, who gave the invaders aid and comfort.  As far back as 1807, John Marshall, chief justice of the Supreme Court noted that some crimes against the state might not have "ripened into treason."  Such is the case for many who participated in the insurrection of Jan. 6, and Marshall charged the legislature with writing laws to deal with those instances.  The resulting laws are cited below.

But the hard facts surrounding the insurrection are that it was aimed at overthrowing the most essential act of our Constitutional government, registering the vote of the people for a president.  That insurrection was violent and resulted in deaths and destruction of property in acts that can easily qualify as treason.  Those people who incited and condoned the insurrection gave aid and comfort to those who committed the acts.

An intensive investigation into the insurrection could result in those implicated in it with charges of treason or the other crimes against the state.  That is why the GOP does not want a detailed investigation.  Many of their cohorts could be charged with crimes.

Here are the crimes for which they can be charged:

§2385. Advocating overthrow of Government

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.



§2384. Seditious conspiracy

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.


§2383. Rebellion or insurrection

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.


§2382. Misprision of treason

Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.


§2381. Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.







3 comments:

Jerry K. Sweeney said...

It is averred: "And you shall know the truth, and the truth shall make you free." (John 8:32) Meantime, an irrefutable circumstance may also produce indictments, trials, convictions and incarceration.

Rick Hauffe said...

Interesting. I doubt Democrats would consider a treason investigation. “Treason” is more popular as an über right dog whistle. Jim Abourezk sued a whackjob who labeled him a traitor in 2003. From Roll Call, Mike Marino, 21, operated the website ProBush.com which published a “Traitors List.” It included The Dixie Chicks, Susan Sarandon, President Jimmy Carter, a musician Noodles, former Rep. Gary Condit and Dr. Patch Adams all who opposed the Iraqi Invasion.

From Wikipedia, I’ve copied a list of those charged with treason against the U.S. or states. Only one was executed for treason against the federal government: William Mumford, hanged in 1862 for tearing down a US flag during the Civil War. Here’s the list:

Philip Vigol and John Mitchell, sentenced to hang for their roles in the Whiskey Rebellion. Pardoned by George Washington.

John Fries, leader of Fries' Rebellion, convicted in 1800. Pardoned by John Adams.

Aaron Burr was acquitted of treason. Voluntarily exiled to the UK for five years.

Governor Thomas Dorr 1844, convicted of treason against the state of Rhode Island. Released in 1845. Verdict annulled in 1854.

Abolitionist John Brown convicted in 1859 of treason against Virginia, murder, and fomenting slave insurrection in the Harpers Ferry raid, the first person executed for treason in US history.

Aaron Stevens took part in Brown's raid. Executed in 1860 for treason against Virginia.

Mary Surratt in 1865, convicted of treason. Hanged for conspiring in Lincoln’s assassination.

Walter Allen was convicted of treason in 1922 for taking part in the 1921 Miner's March in West Virginia. Sentenced to 10 years and fined. He disappeared while out on bail. United Mineworkers leader William Blizzard was acquitted of the charge of treason by a jury in 1922.

Max Stephan, German-born Detroit tavernkeeper, convicted of treason in 1942 after jury deliberated only one hour, 23 minutes. Stephan harbored a Luftwaffe pilot who escaped a Canadian POW camp. He was sentenced to death. Sentence commuted by FDR to life in prison.

Hans Max Haupt, Walter Otto Froehling and Otto Richard Wergin were convicted of treason and sentenced to death, and Erna Emma Haupt, Lucille Froehling and Kate Martha Wergin were convicted of treason and sentenced to 25 years in prison in 1942, in a joint indictment. All six were charged with treason for giving aid and comfort to executed German saboteur Herbert Hans Haupt. On appeal, judgments were reversed. Remanded for retrial. Hans Max Haupt convicted again in 1944; sentenced to life. Walter Otto Froehling and Otto Richard Wergin sentenced to 5 years in prison in 1944 as accessories to treason.

Army pilot Martin James Monti, convicted of treason for defecting in 1944. Paroled in 1960.

Max Otto Koischwitz, charged with treason for defecting to Germany in 1943, died of tuberculosis in 1944.

Edward Leo Delaney, charged with treason for defecting to Germany in 1943. Charges dropped in 1947.

Jane Anderson, US journalist indicted with treason in 1943, defected to Nazi Germany in World War II. Charges dropped in 1947.

Frederick Kaltenbach, indicted for defecting to Germany as a broadcaster in 1943, died in Soviet custody.

Douglas Chandler of National Geographic was convicted of treason in 1947 for defecting to Germany during World War II. Sentence commuted by JFK.

American foreign correspondent Robert Henry Best was convicted of treason in 1948 and served a life sentence. Defected to Nazi Germany during WWII and broadcasted Nazi propaganda.

Iva Toguri D'Aquino, a.k.a. "Tokyo Rose," convicted of treason in 1949 and pardoned by President Gerald Ford.

Mildred Gillars, "Axis Sally," convicted in 1949. She served 12 years of a 10-30-year sentence.

Herbert John Burgman, convicted of treason in 1949 for spreading Nazi propaganda and sentenced to 6–20 years.

Tomoya Kawakita was sentenced to death in 1952. Released by JFK to be deported to Japan.

David Newquist said...

When you google "Jan, 6," you come up with innumerable musings on whether it was an act of treason. Trump inspires folks to consider it.

Blog Archive

About Me

My photo
Aberdeen, South Dakota, United States

NVBBETA