Sedition, Treason and Threatening the President

The application of America’s laws that protect our country and its leaders has vanished. We have a long history in the law protecting our way of life. The crime of sedition originated in English law in the 1700 and 1800′s. In 1940, the Alien Registration Act, or “Smith Act,” was passed, which made it a federal crime to advocate or to teach the overthrow of our Government, or to be a member of any organization which does the same.

Think about what the Smith Act says and consider the words of Robert Reich, Labor Secretary under President Clinton and present day Democratic activist. The Washington Examiner reports Mr. Reich sent emails to supporters of MoveOn.org, a Democratic activist group.

According to the Examiner, the emails read, “The path to winning in 2018 and thereafter, begins with Democrats in Congress showing the American people that they have the courage and backbone necessary to take back our nation. It means calling for the impeachment of Trump and holding politically accountable, every single person in his administration and in the House and Senate who have enabled his disgrace of a presidency,” he wrote.

His money line: “I know that impeachment won’t happen quickly. It’s going to take a strategic, painstakingly executed campaign-hallmarks of MoveOn’s excellent organizing. Will you join me by making a donation of $5 a month to MoveOn to make this happen? It’s time to go on impeachment.” On the surface that could just be ‘politics as usual.’ Take a trip to MoveOn.org’s website, and you’ll see what he is supporting. A very organized effort to disrupt our elected government.

Outgoing President Barack Obama established his new organization, redirecting it to continue his legacy. It’s called Organizing for Action. They are training thousands of people to take to the streets and ‘organize,’ whatever that means? There is change in the air, change we have not seen since the Civil War.

Not convinced, let’s look at the crime of Treason. Title 18 U.S. Code § 2381 – Treason reads, “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”. Interesting.

Think of this law when you think of the Fort Hood massacre and Major Nidal Hasan. The Army Officer and Psychiatrist fatally shot 13 people and injured more than 30 others. The shooting was the worst mass shooting on an American military base. The Obama Administration called it ‘workplace violence’ in spite of the fact Major Hasan admitted he did it for religious reasons. Does that cause you to wonder?

And that brings to mind the actions of Army Sergeant Bowe Bergdahl. Sergeant Bergdahl first enlisted in the US Coast Guard and was quickly discharged for psychological reasons after less than a month. He then enlisted in the Army where in one year he somehow gained the rank of Sergeant. Deployed to Afghanistan, and walked off his combat base and deserted. He joined the enemy. Many members of his unit have testified of the fellow soldiers who died trying to save Bergdahl, all the while he was safe and sound. They also testified of his intent to join the enemy. His writings spoke of his hatred for America. Is that not treason? Apparently not, he is still on active duty in the United States Army.

And do not forget Ms. Manning. Bradley Manning leaked classified, highly confidential information to Wikileaks and was convicted of treason and sentenced to 35 years in prison. That’s the way the law is designed to work. Good job! Not so fast. While in Leavenworth military prison Mr. Manning became Ms. Manning, at taxpayer expense I might add. And then our outgoing President, Mr. Obama, commuted his sentence to time served, which was seven years. He was permitted to remain in the Army. Isn’t that special?

In spite of the evidence regarding sedition and treason, there are many unbelievers out there. So let’s look at another law – threatening the President of the United States. Threatening the President is a Class E felony under the United States Code Title 18, Section 871. The offense is punishable by up to 5 years in prison, a $250,000 maximum fine, a $100 special assessment, and three years of supervised release. Is anyone ever charged under this statute? Let’s take a look.

During the Presidency of Barack Obama, one Johnny Logan Spencer Jr. found out what US Code Title 18, Section 871 meant. In Louisville, Kentucky he was sentenced to 33 months in prison for posting a poem entitled “The Sniper” about the President’s assassination on a white supremacist website. Ouch!

Then there was Brian Dean Miller. He was sentenced in Texas to 27 months in prison for posting the following on Craigslist: “People, the time has come for revolution. It is time for Obama to die. I am dedicating my life to the death of Obama and every employee of the federal government. As I promised in a previous post, if the health care reform bill passed I would become a terrorist. Today I become a terrorist”.

And there was Purdue University teaching assistant, Vikram Buddhi who was convicted of posting messages to Yahoo Finance criticizing the Iraq War and stating, “Call for the assassination of GW Bush and Rape and Kill Laura Bush.” We could go on and on; the Secret Service takes this stuff seriously. Well, they sometimes do.

Everyone around the world knows about comedienne Kathy Griffin’s tasteless ‘joke’ holding the head of ‘Donald Trump.’ What was the reaction from her peers? Jim Carrey, comedienne and want to be Actor. He described a dream he’d had in which he fantasized about beating Trump to death with a golf club: “I had a dream the other night I was playing golf with Donald Trump,” he recalled. “I was standing beside him with a club in my hand, and I was considering my options when I suddenly woke up. It was one of those dreams where you just want to get back to sleep so you can finish it, you know?” Very nice Jim.

And we wouldn’t want to miss Alec Baldwin. He came to the defense of Ms. Griffin. He told her to ‘ignore’ her critics, especially that ‘senile idiot’ Donald Trump. He added a profane laced rant on Twitter. Are Entertainers exempt under the law?

But threatening President Trump has become the newest game in town. Take the words of one Michael Chabon, a Pulitzer Prize-winning American novelist who recently said his ‘hope’ was that President Donald Trump would have a ‘massive stroke’ and be ‘carted out of the White House on a gurney.’ Or the case of New Jersey Democratic strategist James Devine, who tweeted a hashtag about hunting Republican members of Congress. It read, “We are in a war with selfish, foolish & narcissistic rich people. Why is it a shock when things turn violent? #HuntRepublicanCongressmen.”

Did you know that incitement to riot is illegal under U.S. federal law? And so is an incitement to violence. Title 18 U.S.C. § 2332b(c)(1)(g) makes it a class C felony, punishable by 10 years imprisonment, for someone to willfully threaten to commit a crime that will result in death or great bodily harm; the threat is made with the specific intent that it be taken as a threat; the threat is so unequivocal, unconditional, and specific as to convey a gravity of purpose and immediate prospect of execution; the threat actually causes fear in the victim; and the fear is reasonable. Where are our Prosecutors?

Consider Syracuse University Professor Dana Cloud. There was an anti-Sharia event taking place with Antifa protesting. Professor Cloud tweeted, “We almost have the fascists in on the run. Syracuse people come down to the federal building to finish them off.” Nice, eh? Then there’s more Hollywood when the creator of HBO’s famed crime drama The Wire, David Simon, called for political violence if President Trump fires Special Counsel Robert Mueller. He said, “If Donald Trump fires Robert Mueller and is allowed to do so, pick up a goddamn brick,” Simon tweeted. “That’s all that’s left to you.” Sure sounds like incitement to riot and threats to me.

Then comes the actual violence when Republican Representative, Steve Scalise is shot one morning on a baseball field full of his peers and others. The shooting of a member of Congress would surely touch the hearts of the Left. Now they would surely have some sympathy for Scalise? But, we rush to judgment. Actor Johnny Depp recently said at a concert, “When was the last time an actor assassinated a president?” he asked, seeming to reference the assassination of Abraham Lincoln by actor John Wilkes Booth. “Now, I want to clarify, I am not an actor. I lie for a living. However, it has been a while, and maybe it is time.” Of course, he later said he was just kidding. Maybe Johnny Logan Spencer Jr. and Brian Dean Miller should have expressed their sorrow?

Or how about the millennial news website Fusion, when writer Anne Branigan called Scalise, who is in critical condition at this point, a ‘bigoted homophobe.’ She went on to say, “it’s a point of especially delicious irony that Scalise, who survived the attack, may owe his life to a queer black woman.” Nice.

The Hartford Courant reported on Facebook right after the shooting of Scalise that Trinity College Associate Professor of Sociology, Johnny Eric Williams, posted “it is past time for the racially oppressed to do what people who believe themselves to be ‘white’ will not do, put an end to the vectors of their destructive mythology of whiteness and their white supremacy system.” He added a hashtag, #LetThemF-ingDie.” Not finished yet he said, “I’m fed the f- up, with self-identified ‘white’s’ daily violence directed at immigrants, Muslim, and sexual and racially oppressed people. The time is now to confront these inhuman a-holes and end this now.” Those words appear incendiary to me?

Shortly after the shooting of Scalise, Republican Congresswoman Claudia Tenney received an email that read, “One down 216 to go. Did you NOT expect this? When you take away ordinary peoples very lives in order to pay off the wealthiest among us; your own lives are forfeit. Certainly, your souls and morality were lost long before. Good riddance.” More fuel to the fire of revolution.

It’s interesting, that according to the U.S. Attorney’s Manual, “Of the individuals who come to the Secret Service’s attention as creating a possible danger to one of their protectees approximately 75 percent are mentally ill.” Makes sense. Yet, we have once respected newsman Dan Rather, saying, “Trump is psychologically troubled.” Who are the ‘psychologically troubled’ ones?

Sedition, treason and threatening the President… is that all? Actually, no. We have a reaction to President Trump’s decision to pull out of the Paris Climate agreement. A move he has the power to do. Yet, New York Governor Cuomo says, “New York State is committed to meeting the standards set forth in the Paris Accord regardless of Washington’s irresponsible actions.” Cuomo’s statement conveniently comes in French, Chinese and Russian translations. And of course New York City Mayor, Bill De Blasio stated that NYC will defy Trump, stick to Climate Agreement.

On the left coast, we have Governor Brown of California saying, “It is a little bold to talk about the China-California partnership as though we were a separate nation, but we are a separate nation.” More out of California from former Governor Arnold Schwarzenegger called for a ‘Grassroots Revolution’ against Trump’s Paris Decision.

I’m no lawyer, but I do know the Constitution is very clear about this. “No state shall enter into any treaty.” We have cities declaring themselves ‘sanctuary cities’ in clear violation of federal laws. We have the Left organizing an open resistance to bring down a sitting President. America, we have a problem. The very evil so many young Americans gave their lives fighting is inside the wire as we used to say in my Vietnam days. And when they get ‘inside the wire’ the fighting, I can attest to personally, gets very ugly. It’s a fight for survival.

We live in a land that stands for free speech, and that very principle is being used to destroy our once great nation. The First Amendment of our Constitution guarantees our right to free speech. The degree to which incitement is protected speech is determined by the imminent lawless action test introduced by the 1969 Supreme Court decision in the case Brandenburg v. Ohio. The court ruled that incitement of events in the indefinite future was protected, but the encouragement of “imminent” illegal acts were not protected.

We are fast becoming a modern day ‘Banana Republic’. Complete with riots in the streets, resistance movements, an inability to control our borders and enforce our laws, topped off by the head of our own FBI, James Comey, admitting to Congress he was the source of leaked documents damaging to our President. Can chaos be far behind? I think not.

Our ‘greatest generation’ is pretty old these days. What will it take to wake us ‘baby boomers’ from our retirement? What will it take for our young, the millennials, to get off their video games and cell phones long enough to see the very liberty that enables them to live the way they do is eroding as fast as Al Gore says our glaciers are? What will it take? I don’t know but the battle has begun, and life, liberty and the pursuit of happiness are losing.

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