"Comments should get more thoughtful and substantive, not less, as a topic gets more divisive."
Given historical evidence, there's a chance it will actually be successful, as it was done in the past.
After the Oklahoma City bombing the FBI went after the far-right militia movement, and clamped down on it.
* https://www.seattletimes.com/nation-world/since-oklahoma-cit...
* https://www.vox.com/2016/1/5/10712084/oregon-militia-history...
* https://www.reuters.com/article/uk-usa-militias-timeline-idU...
How about we just clamp down on anyone doing bad things (including day-care bomber McVeigh), rather than going after people for their political beliefs. You sound like you're advocating for domestic terrorism yourself if you want people with guns to go after those of your chosen political target merely exercising 1A and 2A rights.
If they are participating in domestic terrorism, which is defined as (18 USC § 2331(5))
> activities that (A) involve acts dangerous to human life that are a violation of the criminal laws of the U.S. or of any state; (B) appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the U.S.
* https://www.law.cornell.edu/uscode/text/18/2331
I'm not aware of (m)any active (far-)left militias in recent years, though in the past there were some, e.g.:
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
Most military age males are in a militia.
>Every state has laws
Ignoring the fact that not all states have laws that specifically ban militias in general (just certain use of them), why on earth would DoJ (federal gov) be enforcing state law? What FEDERAL law bans organizations of men, already part of militia by US Code, from fraternizing together?
https://www.law.georgetown.edu/icap/wp-content/uploads/sites...
Some choice quotes:
===
Massachusetts Constitution: The Massachusetts Constitution forbids private military units from operating outside state authority, providing that “the military power shall always be held in exact subordination to the civil authority, and be governed by it.” Mass. Const. pt. I, art. XVII.
Massachusetts Statutes – Prohibition on private military units: Massachusetts law makes it illegal for groups of people to organize as private militias without permission from the state. ... Mass. Gen. Laws ch. 33 §§ 1, 130–31.
===
Phrases like "exact subordination" and "permission of the state" are not just window dressing. They're legally binding. You might consider yourself a member of such a militia, but to operate as such - notably to perform any military or law enforcement function - you must be under state or federal command.
As the above document also mentions, every state has similar restrictions. They might differ in details, but the message is the same: without state or federal command, your "sovereign militia" can do no more than cosplay (and sometimes not even that) without getting into legal trouble.
>You might consider yourself a member of such a militia
You can consider yourself in or out the militia or not. That doesn't make it fact, from a legal perspective. For government's purposes though I would use government's law, which tells us able-bodied military age males, generally, are in a militia.
> notably to perform any military or law enforcement function - you must be under state or federal command.
Um, the thread we're both replying to was about 'every state has laws making it illegal to be a member of a private armed militia.' You're arguing about something entirely different here, that is about state laws (not under purview of DoJ) that limit uses of militia.
Pedantic comment of the day, and on HN that's quite a contest. There's no functional difference between those two things.
> You're arguing about something entirely different here
No, I'm arguing the same point you were originally, until you were conclusively proven wrong and moved the goalposts.
Yes there is. If the criteria for membership in a club is that you have to be an able bodied male, that doesn't mean every able bodied male is a member of the club. It means an able bodied male could potentially choose to join the club. The US Code says they're in the club whether they want to or not.
>No, I'm arguing the same point you were originally, until you were conclusively proven wrong and moved the goalposts.
My point was never that a militia could perform same actions as military or law enforcement, YOU were the one who moved the goalposts. You didn't prove jack shit wrong.
> ICAP has categorized the relevant state laws into four groups: (1) constitutional provisions requiring the subordination of the military to civilian authorities; (2) statutes restricting unauthorized private militia activity; (3) anti-paramilitary-activity criminal laws; and (4) prohibitions on the false assumption of the uniform or duties of a peace officer or member of the military. The report describes these categories in more detail below and notes which states have statutes or constitutional provisions falling into each category. Following that summary is a chart listing each state’s relevant provisions, and finally each constitutional or statutory provision in full, organized by state. The chart also includes annotations of relevant case law.
* https://www.law.georgetown.edu/icap/wp-content/uploads/sites...
Then it goes on to cite the California misdemeanor for doing so, in state law.
Why would DoJ (feds) be investigating misdemeanor state law in California?
https://www.law.georgetown.edu/icap/wp-content/uploads/sites...
To be fair, the "global war on terror" is not even pretending to trying to tackle a problem it largely created
[0] https://constitutioncenter.org/interactive-constitution/arti...
The executive branch conducts investigations, issues subpoenas and certain agencies can directly hold you in contempt if you don't respond to a subpoena others can ask a court to find you in contempt of court. After all the FBI, DEA, ATF, CBP among many more law enforcement agencies are part of the executive branch.
> The executive branch conducts investigations,
>> Essentially, the Court held that the Constitution's text implies a power to investigate given its power to legislate.
> issues subpoenas
>> the U.S. Supreme Court clarified Congress's power to issue subpoenas in a 1917 case (Marshall v. Gordon), stating that "in virtue of the grant of legislative authority there [was] a power implied to deal with contempt."
> certain agencies can directly hold you in contempt
>> The authority of Congress to cite an individual with criminal contempt is found in Title 2, Section 192 of the U.S. Code.
> others can ask a court to find you in contempt of court
>> Either chamber of Congress may start the process in a committee (such as the House Judiciary Committee) and may rely on the legislative counsel's office like the Office of Senate Legal Counsel for help drafting a contempt resolution. Once the resolution is drafted and voted out of committee, it then goes to the full House or Senate (depending on where it originates) for a simple majority vote.
https://www.findlaw.com/litigation/legal-system/contempt-of-...
The entire campaign/programming around "protecting our democracy" was the precursor psychological operation so the population goes along with single party rule.
NBC News was running this last year (more priming): https://ww3.bongino.com/wp-content/uploads/2021/08/dhsadviso.... It's all clever wordplay designed to manipulate the public into thinking people who disagree politically are terrorists (absent any actual proof that they have intent/motive/etc to commit acts of terror). It's the same logic that's held people from January 6th in solitary confinement without charges of insurrection (despite the media parroting/programming that it was an insurrection).
This new unit is just a way to flush out the straggler dissidents who will get in the way.
One person’s terrorist is another’s freedom fighter, especially domestically. Nelson Mandela is a fine example of one of the greatest humans in history who was defined by the South African government as a domestic terrorist during apartheid.
no, we didn't. there's no plausible way the people there would have seized power.
According to that logic, does any sort of protest outside the capitol = "coup attempt"? After all, you don't need to actually need people breaking in to cite "anger of the people outside".
The rally was organized under the headline "Stop the Steal." It was very explicitly the intent to prevent the peaceful transition of power.
No, because other types of protests outside the Capitol (i.e. over abortion, environmental issues, civil rights, war), and their related tactics within Congress are not aimed at stopping the constitutional process of certifying a lawful election.
That's is quite literally what differentiates a coup from the others: A coup uses force and threat to unlawfully take control of the government.
Normal protests outside the Capitol are about influencing the legislative process, which is a completely different function of Congress. But even then, it would be unlawful to influence the legislative process by threat or use of force.
responding to your edits:
>That's is quite literally what differentiates a coup from the others: A coup uses force and threat to unlawfully take control of the government.
But using force to prevent the legislature from functioning when they're not certifying elections is fine?
>Normal protests outside the Capitol are about influencing the legislative process, which is a completely different function of Congress. But even then, it would be unlawful to influence the legislative process by threat or use of force.
I'm specifically talking about protests that involve denying access to the legislature, not just a bunch of people protesting in the free speech zone.
Correct. A coup is by definition an illegal attempt to take control of government. In a democracy, attempting to prevent a lawful election from being certified is a type of coup.
> Why is the "constitutional process of" passing bills not protected?
It is protected. If an insurrection invaded the Capitol to influence the legislative process, that would be illegal. Anyone involved in organizing or carrying that out would be charged with crimes.
You're losing track of the thread. A few comments up we were discussing whether violent action was needed at all, because the parent poster was talking about "trying to reject the vote certification by using the anger of the people", which could plausibly be achieved without any violent action (eg. a bunch of angry protesters).
> Anyone involved in organizing or carrying that out would be charged with crimes.
but not "insurrection", apparently?
Coups enacted by politicians are facilitated by the breakdown of law and order and loss of security around the processes of power in government, the most delicate of those being lawful transitions of power. Violence assists by removing security and law and order.
> which could plausibly be achieved without any violent action (eg. a bunch of angry protesters).
A bunch of angry protesters shouting in the demonstration area have no leverage beyond drawing media attention to their cause.
People physically invading the halls of Congress and threatening lawmakers are doing something fundamentally more powerful, and also illegal.
> but not "insurrection", apparently?
I didn't say which crimes. Prosecutorial strategy is a real thing and the bread and butter of the Dept of Justice. It makes far more sense to roll up low-level offenders with lesser offenses to build cases against higher level conspirators. This is, for example, how organized crime has been successfully prosecuted.
>People physically invading the halls of Congress and threatening lawmakers are doing something fundamentally more powerful, and also illegal.
So the insurrection-ness of a protest/riot increases during "lawful transitions of power"? Suppose this premise was true, does that mean something like this[1] is also an insurrection (or "almost [...] a coup"), because it happened during a "lawful transitions of power" for a supreme court justice?
[1] https://www.usatoday.com/story/news/2018/09/28/brett-kavanau...
>A bunch of angry protesters shouting in the demonstration area have no leverage beyond drawing media attention to their cause.
Sounds like you're agreeing with me. ie. you can't cite "anger of the people outside" as a potential reason for "reject the vote certification".
>People physically invading the halls of Congress and threatening lawmakers are doing something fundamentally more powerful, and also illegal.
Not disputing it's illegal, just that it's not an "insurrection".
>I didn't say which crimes. It makes far more sense to roll up low-level offenders with lesser offenses to build cases against higher level conspirators.
What are you saying here, that the lack of prosecution for insurrection is totally consistent with an "insurrection" taking place, because they'll eventually work their way up to the real conspirators and charge them with insurrection? Well, it's been a year now, and nothing resembling an insurrection charge has surfaced.
No. For one, that protest was during the nomination debate, not the actual swearing in by the Chief Justice, so not a transition of power. It was also not a violent mob.
It absolutely a differentiator that the Jan 6 scenario was a violent mob forcing their way into the Capitol to overturn an election. No amount of semantic judo or whataboutism will make the utter brutality of that mob equivalent to a nonviolent protest.
Finally, the Supreme Court nomination protesters were arrested for when they tried to block lawmakers from getting to their offices. They are no different in their manner of protest than nonviolent pro-life/anti-abortion protesters who have obstructed members of Congress at the Capitol, and neither are like the Jan 6 perpetrators.
If you watch the most violent parts of all of those protests, it's hard to understand how smashing a police officer's face in a door and beating another with a fire extinguisher can be considered equivalent to holding open an elevator and shouting "shame" at a Senator.
A very cogent question. The answer is no. Originally the plan was for Mike Pence to unilaterally decertify various states. This version of the coup would have required no violence.
But Pence refused to decertify the election, because he recognized he did not have the power to do so. He communicated this intention to Trump the morning of Jan 6. At this point, violence was the last resort to delay the certification on Jan 6.
The sitting President was the one who attempted the coup. He didn't need to seize power -- he already held power. The objective of the insurrection on Jan 6 was to prevent the transfer of power, which they absolutely almost did.
It’s about making ground, inch by inch.
If it's irrelevant as to their chances of success, it certainly seems like that's a coup.
Also why would you even bother doing it that way? You could use far fewer people who are coordinated and go after the politicians at their homes where there is much less security.
>[...] Admitting you’re trying to stop the process is an act of resistance against the government.
So you're saying resisting the government = insurrection? Is picketing outside of government offices (ie. the kind where you block people/cars from entering/leaving a building) an "insurrection"? Or does it only apply to capitols? Suppose you got a bunch of picketers to surround your state capitol, and representatives couldn't enter, would that be an insurrection?
So, yes, you can picket government buildings all you want, but the moment you start killing security and seeking to kill representatives, you've insurrected or are a party to an insurrection.
> Insurrection - a violent uprising against an authority or government.
BLM protests can get pretty violent. Are they insurrections?
> a violent uprising against an authority or government.
2 elements needed to be insurrection, Violence, and against authority or government.
BLM riots are violent, but not targeted at the government.
The Jan 6 insurrection was both violent and against the government. They disrupted government operations to try and change the results of an election. Can you find a definition of insurrection that wouldn't include the Jan 6 riots?
Can you name a BLM riot which was targeted at the government?
In fact, wouldn't all of the BLM movements accurately be described as targeted at the government because they were explicitly aimed at enacting change in government institutions like the police?
In another post you say that "until a BLM protest attempts to use force to overthrow a city, state, or federal government, it's a riot at best when violence is involved." But how do you classify the CHAZ in Seattle, where force was used to overthrow city and state governments and establish an "autonomous" zone where guns and violence were the only recognized power by the occupiers?
It’s literally the definition: https://www.dictionary.com/browse/insurrection
I've not seen anyone having a problem calling BLM riots riots when they happen. I've seen a lot of people struggle to call Jan 6 a riot or insurrection.
This isn't some new information.
We call that a riot.
https://apnews.com/article/politics-government-and-politics-...
Mike Pence did what he was supposed to, under severe pressure to do otherwise. The country (especially the left) owes him a huge debt of gratitude.
2. Live fire was way more than these guys bargained for. If they heard gunshots, even just pistol fire, and saw bodies dropping they would have scattered.
guns would have upped the ante on the core organizers and resulted in their decimation at the hands of local federal forces. This was just the beginning. from the angry anti government comments in this thread, their effort looks to be succeeding.
Page 12.
The only disingenuousness here is the attempt to manufacture an insurrection out of a riot.
To minimize the chances they got shot at by police (only 1 person was). They wanted to overturn the election, not die.
But just in case they needed it, this group had an armed backup force waiting at a hotel in VA:
https://www.washingtonpost.com/local/legal-issues/quick-reac...
Sure, there is. Make Pence incapable of presiding, convince (this may not be necessary if the person is already a sympathizer), by inducements or threats, the person acting as President of the Senate to act in the manner Trump and various political allies had encouraged Pence to and which Pence had refused and simply decline to present certain state electoral votes, denying an immediate majority and either requesting friendly state legislatures to send alternate ballots, or preceding to vote by states in each house in the absence of a majority.
The “they couldn't have seized power” argument only works when you consider the people physically inside the Capitol as a separate force completely unrelated to the people that set out the goals in writing, the people that—publicly and unambiguously—told the people to go to the Capitol to get Congress to follow the goals set out in writing, and the people in State legislatures and in Congress who had publicly backed the goals set out in writing.
Which is a bizarre level of willful blindness.
...