“The FBI has arrested more than 700 Donald Trump supporters who unlawfully entered the Capitol grounds or the Capitol itself that day, many of whom incriminated themselves by recording and/or livestreaming their activities. On the anniversary of the riot, The New York Times reported that “a little over 300” had been charged with petty crimes such as trespassing and disorderly conduct, while “more than 225 people” were “accused of attacking or interfering with the police” and “about 275” were charged with obstructing the congressional certification of President Joe Biden’s election.
Against this backdrop, last week’s indictment of 11 Oath Keepers stands out. It was the first time that any of the rioters had been charged with sedition—specifically, using force to “prevent, hinder, or delay the execution of any law of the United States.” The conspiracy described in the indictment is notably different from the spontaneous, heat-of-the-moment crimes committed by most of the people who stormed the Capitol. Unlike the riot as a whole, which looked more like a temper tantrum than an incipient coup, the “operation” mounted by the Oath Keepers was planned well in advance. Although it is the closest thing we have seen so far to an “insurrection” (the label that Democrats routinely apply to the riot), it was still half-baked and pitifully ineffectual.”
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” The preparations for January 6 allegedly included gathering Oath Keepers from around the country; paramilitary training; “reconnaissance” of the Capitol area; multiple purchases of guns, ammunition, and firearm accessories; a stash of weapons at a hotel in Arlington; and a “quick reaction force” (QRF) that waited at the hotel, ready to act “if SHTF.” The indictment says “the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power.””
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“The Oath Keepers who went to the Capitol on January 6 evidently did not bring any firearms, although they did have “hard-knuckle tactical gloves, tactical vests, ballistic goggles, radios, chemical sprays, a paracord attachment, fatigues, goggles, scissors, a large stick,” and a German Shepherd named Warrior.”
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“According to the indictment, however, Rhodes and other Oath Keepers celebrated the riot and talked about following it up with further acts of resistance. “Thousands of ticked off patriots spontaneously marched on the Capitol,” Rhodes said that night in a Signal group chat. “You ain’t seen nothing yet.” Between January 10 and January 14, the indictment says, Rhodes spent about $18,000 on firearm parts, accessories, and ammunition. But apparently nothing came of whatever Rhodes might have been planning. He was not arrested until.. a year after the spending spree described in the indictment.”
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“On Election Day, Rhodes publicly advised Oath Keepers to “stock up on ammo” and prepare for a “full-on war in the streets” if Biden were declared the winner. A week later, Rhodes posted a “call to action” under the headline “WHAT WE THE PEOPLE MUST DO.” It described elements of the revolt against Milosevic, which included not only “peaceful protests” and “complete civil disobedience” but also “swarm[ing] the streets,” “confronting the opponents,” “storm[ing] the Parliament,” and “burn[ing] down fake state Television.”
In a December 23, 2020, message on the Oath Keepers website, Rhodes said “tens of thousands of patriot Americans, both veterans and non-veterans, will already be in Washington D.C., and many of us will have our mission-critical gear stowed nearby just outside D.C.” He warned that he and likeminded patriots might have to “take to arms in defense of our God given liberty.”
So much for staying below the radar. Rhodes’ lack of discretion was not his only problem. It remains unclear exactly how he hoped to keep Trump in power.”
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“The plan, evidently, was to “scare the shit” out of Congress with a show of force that would persuade legislators to reject electoral votes for Biden. But in the end, the Oath Keepers merely joined a riot that was already in progress, and the riot itself accomplished nothing but an interruption that delayed ratification of Biden’s victory until that night.”
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“The sedition charges do not require that the defendants had any realistic hope of success. Assuming the allegations are true, Rhodes et al. did indeed conspire to use force to “prevent, hinder, or delay” the execution of Congress’ constitutional and statutory obligations to certify the election results. And in addition to the sedition counts, which are punishable by up to 20 years in prison, the defendants face various other charges, including conspiracy to obstruct an official proceeding, assault, destruction of government property, interference with law enforcement, and tampering with evidence (mainly by erasing incriminating data on their cellphones).
The Justice Department estimates that as many as 2,500 people may ultimately face charges in connection with the Capitol riot. Most of them will be more like Gonzalez, the “Capitol Doobie Smoker,” than Rhodes and his followers, who had ambitious but inept plans that ultimately amounted to little more than a sideshow in a much broader spasm of vandalism and violence that was itself utterly futile.”
“the first seditious conspiracy charges in the investigation so far, and the first the Justice Department has brought in more than a decade. Seditious conspiracy isn’t the same as treason, but it’s also not terribly far off; as former federal prosecutor Laurence Tribe wrote for NBC News on Saturday, the “crime is, in effect, treason’s sibling.”
Specifically, seditious conspiracy occurs when two or more people work together to plan to overthrow the government or prevent the execution of its laws.
In the case against Rhodes and his alleged co-conspirators, the government presented evidence in the charging documents that shortly after the November 3, 2020, election, Rhodes told his followers, “Prepare your mind, body, and spirit” because, “We aren’t getting through this without a civil war.” In December, Rhodes promised a “bloody, massively bloody revolution” should a peaceful transfer of power occur, and in the lead-up to the Capitol riot purchased thousands of dollars’ worth of weapons, ammunition, and related tactical gear.
Other defendants in the case are alleged to have set up paramilitary training groups and created private Signal groups to discuss their operations, including procuring weapons and establishing a quick reaction force outside the DC area to bring in additional insurrectionists and weapons.”
“A team of researchers found in a 2021 paper that an anti-establishment dimension would explain some of the more worrying extremes in American politics — things like support for conspiracy theories, endorsement of anti-expertise opinions and seeing politics as a battle between good and evil — better than the left-right dimension of our politics. One of those researchers, University of Miami political science professor Joseph Uscinski, found no difference in the prevalence of anti-establishment beliefs between Democrats and Republicans, using survey data collected in October 2020. What’s more, Uscinski found that anti-establishment ideologies better predicted belief in the conspiracies of QAnon and Trump’s claims of voter fraud than did left-right orientations.
What happened on Jan. 6 aimed to put a Republican president back in power — but Republican ideology might not be the best way to understand where the fear and anger on display at the Capitol came from.
So what do we lose if our polling and research analyses aren’t set up to see that?
Plenty, according to Wilson. Political parties benefit from stoking and promoting partisan polarization because it sparks more activism on their behalf. And an academia and a media that buy into that division as a primary explanation for American political violence risk creating the sort of false partisan polarization that leads us to believe the other side wants things they don’t really want.
But even more concerning is the fact that anti-establishment ideologies don’t vanish or become irrelevant when we don’t look at them. The beliefs are there, waiting for someone to pick up and use. A politician could come along and harness anti-establishment ideologues into his or her political caucus. That politician could then convince those Americans that they are the only trustworthy part of the political world. And that politician could convince Americans with an anti-establishment ideology to fight for him or her. You could argue this is exactly what Trump did, and the Republican Party has more politicians who have gone this route — but it’s an option open to either party. Ignoring anti-establishment ideologies means ignoring how political partisans might turn them into weapons, just as they did on the steps of the Capitol.”
“The evolution of the Big Lie was the product of a vast catalog of politicians, pundits, true believers and benefactors financing and promoting claims of voter fraud and efforts to overturn the election. This includes lawyers like Lin Wood and Sidney Powell who filed pro-Trump lawsuits, Republican politicians who actively embraced the Big Lie like Georgia Rep. Jody Hice (whom Trump has endorsed in the race for Georgia secretary of state) and others who, while not embracing the Big Lie, refused to condemn it. It included political action committees and conservative groups that financed these efforts. And it included alt-right personalities like Steve Bannon and Mike Lindell, who have amassed huge audiences as they continue to promote the Big Lie.”
“A study published last September in the Proceedings of the National Academy of Sciences challenges the notion that a substantial minority of Americans—more than two-fifths, according to some reports—condone political violence. The Dartmouth political scientist Sean
Westwood and his co-authors argue that “documented support for political violence is illusory, a product of ambiguous questions, conflated definitions, and disengaged respondents.”
Westwood et al. acknowledge that partisan animosity, a.k.a. “affective polarization,” has “increased significantly” during the last few decades. “While Americans are arguably no more ideologically polarized than in the recent past,” they say, “they hold more negative views toward the political opposition and more positive views toward members of their own party.” But at the same time, “evidence suggests that affective polarization is not related to and does not cause increases in support for political violence and is generally unrelated to political outcomes.” So what are we to make of claims that more than a third of Americans believe political violence is justified?
“Despite media attention,” Westwood et al. note, “political violence is rare, amounting to a little more than 1% of violent hate crimes in the United States.” They argue that “self-reported attitudes on political violence are biased upwards because of disengaged respondents, differing interpretations about questions relating to political violence, and personal dispositions towards violence that are unrelated to politics.”
Westwood et al. estimate that, “depending on how the question is asked, existing estimates of support for partisan violence are 30-900% too large.” In their study, “nearly all respondents support[ed] charging suspects who commit acts of political violence with a crime.” These findings, they say, “suggest that although recent acts of political violence dominate the news, they do not portend a new era of violent conflict.”
These conclusions are based on three surveys in which Westwood et al. presented respondents with specific scenarios involving different kinds of violence, varying in severity and motivation. “Ambiguous survey questions cause overestimates of support for violence,” they write. “Prior studies ask about general support for violence without offering context, leaving the respondent to infer what ‘violence’ means.” They also note that “prior work fails to distinguish between support for violence generally and support for political violence,” which “makes it seem like political violence is novel and unique.”
A third problem they identify is that “prior survey questions force respondents to select a response without providing a neutral midpoint or a ‘don’t know’ option,” which “causes disengaged respondents…to select an arbitrary or random response.” Since “current violence-support scales are coded such that four of five choices indicate acceptance of violence,” those arbitrary or random responses tend to “overstate support for violence.”
What happens when researchers try to address those weaknesses? In all three surveys that Westwood et al. conducted, “respondents overwhelmingly reject[ed] both political and non-political violence.” And while a substantial minority disagreed, that number was inflated by respondents who were classified as “disengaged” based on their failure to retain information from the brief scenarios they read.”
“there is a big difference between reckless rhetoric, which is protected by the First Amendment, and the criminal conspiracy described in lawsuits filed by Rep. Eric Swalwell (D‒Calif.), other House Democrats, and two Capitol Police officers. All three complaints allege that Trump violated the Ku Klux Klan Act of 1871 by conspiring to use threats, force, and intimidation to stop government officials from carrying out their duties.
To prove that claim, the plaintiffs must do more than show that Trump ginned up his supporters’ outrage with false election fraud claims, or even that he did so in circumstances where he should have known violence was likely. They have to show that the Capitol riot was the culmination of a plan to violently disrupt the ratification of Joe Biden’s victory, a scheme in which Trump himself intentionally participated.
Capitol Police officers James Blassingame and Sidney Hemby also claim that Trump violated a provision of the D.C. Code that “makes it a criminal offense to willfully incite or urge other persons to engage in a riot.” In addition to the requirement that the offense be committed “willfully,” prosecution for incitement is constrained by the First Amendment.”
“In front of judges and in court filings, the Justice Department is engaged in a delicate rhetorical dance on the domestic terrorism issue. Seeking to satisfy a large swath of the public outraged by the Jan. 6 riot, prosecutors have declared that the event “certainly” qualifies as domestic terrorism. But they’ve kept their powder dry thus far on invoking the terrorism sentencing boost — potentially because its impact can be so severe.”
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“Invoking the terrorism enhancement typically adds about 15 years in prison to a defendant’s recommended sentence, sets the minimum calculation at 17 and a half years, and also flips the person charged into the criminal-history category used for serial offenders.”
“Rather than a spate of attacks by organized groups — largely what the Biden administration has prepared for — instead we have seen a massive expansion of the broader ecosystem of far-right extremism. I study terrorism and regularly monitor the rhetoric traversing Telegram and other platforms frequented by far-right extremists. Over the past year, it’s become clear that the violence underpinning the Capitol rioters’ ideology has seeped into mainstream culture and politics. As a result, many more people can — and do — engage in extremist thoughts and actions, not just members of groups like the Proud Boys and Oath Keepers. This raises risks of violence by radicalized “lone wolves,” who are much harder to track and thwart.”
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“Remarkably for a year that started off with an unprecedented display of political violence, 2021 saw zero major terrorist attacks on U.S. soil, nor did we experience anything resembling the 2017 Unite the Right rally in Charlottesville, Va. One reason is that the ongoing Covid-19 pandemic has artificially suppressed terrorism plots and attacks that we might have seen otherwise. At the same time, lockdowns, isolation and stress have exacerbated many of the underlying factors that contribute to extremism, while also making mental health matters more acute. Meanwhile, 2020 and 2021 were record years for the sale of weapons and ammunition. Americans are anxious, angry and well-armed — a combustible combination.
Another reason for fewer incidents of domestic terrorism during 2021 is that far-right extremists, both individuals and formal organizations, have likely been cowed by an aggressive law enforcement response to Jan. 6. To date, more than 700 individuals have been charged with federal crimes for their role in the insurrection. The city of Washington, D.C., has sued the Proud Boys and the Oath Keepers, seeking severe financial penalties. Given how paranoid many far-right extremist groups are about being infiltrated by law enforcement, many have gone underground and attempted to drop off the grid to avoid further entanglement with the authorities.
However, it would be a mistake to conclude that the problem has faded away. Though we haven’t seen the most visible signs of growing extremism, a more extreme climate is permeating our society, culture and politics. Far-right talking points about election interference and comparisons of public health officials to Nazis are now part of mainstream political dialogue among Republicans.”
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“Trump’s unique role in sending extremism mainstream helps explain the most salient domestic terrorism we face in 2022: political violence by those who are convinced the 2020 election was stolen. Many of the calls for violence I’ve observed denigrate Biden’s presidency as illegitimate and refer directly to the falsehood that his victory was “rigged.” A University of Massachusetts Amherst poll revealed that nearly 71 percent of Republican voters still contest the 2020 election results, falling victim to Trump’s “Big Lie.” When almost three-quarters of a political party believe an election was stolen, and that party’s leader continuously reinforces the belief, it lowers the bar for violence.”
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“To date, the vast majority of those charged with crimes stemming from the Jan. 6 insurrection, approximately 87 percent, do not belong to formal organizations. In fact, although these groups were busy organizing in the weeks before Jan. 6, the makeup of the rioters on the actual day was far broader. This means there is a massive throng of “free agents,” the most radicalized of whom have the potential to become “lone wolves,” while others may seek to join existing groups or opt to form new ones.”
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“Perhaps the most notorious lone wolf terrorist is Timothy McVeigh, who was responsible for the 1995 Oklahoma City bombing that killed 168 people. McVeigh was the product of the far-right ecosystem of the 1990s, which was far smaller and less radicalized than the equivalent today. It’s certainly plausible that the next McVeigh (or McVeighs) could emerge from the murky online extremist landscape that is increasingly blending with mainstream politics.”
“That’s not just Twitter trolling. It’s not just posturing online anymore. It’s the logic of a movement centered around aggression divorced from virtue that indulges in apocalyptic rhetoric. It’s heading exactly where such movements head, and everyone who in 2015 or 2016 was dismissing the alt-right and Trump’s Twitter trolls says, “Oh, that’s just Twitter. That’s just Twitter.” There was an inexorable moral logic that was going to lead to action in the streets.
I’ve been a pessimist about this for some time. I’ve been warning about violence for some time. In December, I was jumping up and down on The Dispatch saying violence is a real threat. Even as a pessimist, I didn’t imagine the capital being overrun on January 6.
To argue that, “Well, that was a one-time thing. Everybody got carried away” — no. No, no, no. That was the result of rhetoric and conduct that put a specific group of people together on January 6 to provide cover for an attempted coup. Many of the architects of that exact plan are still some of the most revered figures in Republican life right now.
So when you tell people their country is at stake, when you tell people the other side hates them, wants to see you dead, hates you, puts you in camps, then some people are going to believe that, and act accordingly.”
“Text messages to Trump’s chief of staff Mark Meadows indicate that Trump allies in Congress such as Rep. Jim Jordan (R-Ohio) pushed plans to set aside the election results and subvert the democratic process before Jan. 6. And when the insurrection started, the messages also reveal that members of Congress, Trump’s media allies and his own son pleaded unsuccessfully with Meadows to get the president to call off his supporters.
That evidence — not to mention the earlier revelation of a PowerPoint presentation circulating in the Trump White House about how to block the electoral vote certification — led members of the committee to question whether the president might be in legal jeopardy. Rep. Liz Cheney (R-Wyo.), the vice chair of the committee, gained particular attention for a question she posed that went so far as to paraphrase the language of 18 U.S.C. § 1512, which makes it a felony to attempt to “corruptly obstruct, influence, or impede any official proceeding.”
But while the committee may ultimately uncover sufficient evidence to indict Trump, it does not appear that they have done so thus far. Rather than using the exact language of the statute, she inserted four words that reveal the scope of the committee’s investigation but also suggest that the committee knows it might fall short of the bar for criminal prosecution. “Did Donald Trump, through action or inaction [emphasis added], corruptly seek to obstruct or impede Congress’ official proceeding to count electoral votes?” Cheney asked as she urged colleagues to hold Meadows in contempt of Congress for refusing to be deposed.
The key word used by Cheney is “inaction.” Thus far the evidence made public by the committee indicates that in the face of a violent attack on the U.S. Capitol, Trump did nothing. Cheney and others argue that Trump violated his oath of office, in which he swore to “preserve, protect and defend the Constitution,” which requires him to “take care that the laws be faithfully executed.” There can be little dispute that Trump failed to do so. But a president violating his oath of office, in itself, does not constitute a federal crime.
In fact, our criminal laws rarely punish people for not taking action, and with good reason. Our criminal laws were designed to punish people who knowingly engage in wrongdoing, not to punish people who showed mere indifference or inadvertence when others were engaged in wrongdoing.”