General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs Trump is guilty of inciting "Rebellion or insurrection"?
18 U.S. Code § 2383.Rebellion or insurrection
U.S. Code
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.
https://www.law.cornell.edu/uscode/text/18/2383
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115
LovingA2andMI
(7,006 posts)gibraltar72
(7,503 posts)Efilroft Sul
(3,578 posts)mia
(8,360 posts)18 U.S. Code CHAPTER 115TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
U.S. Code
Notes
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§ 2381. Treason
§ 2382. Misprision of treason
§ 2383. Rebellion or insurrection
§ 2384. Seditious conspiracy
§ 2385. Advocating overthrow of Government
§ 2386. Registration of certain organizations
§ 2387. Activities affecting armed forces generally
§ 2388. Activities affecting armed forces during war
§ 2389. Recruiting for service against United States
§ 2390. Enlistment to serve against United States
[§ 2391. Repealed. Pub. L. 103322, title XXXIII, § 330004(13), Sept. 13, 1994, 108 Stat. 2142]
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115
Newest Reality
(12,712 posts)I'm game.
That means we should get right on enforcing that, huh?
The bloody tyrant does not respect the law, thinks he is not only above it but is it, and the Senate agrees, Barr's DOJ is tucked in his huge chin and the courts are being stacked with Trump Robots(tm).
We have to act quickly! Ah...
mia
(8,360 posts)marybourg
(12,618 posts)various states, rather than against the United States.
Chainfire
(17,528 posts)He is instigating rebellion against State Governments not the Federal Government. I am certainly not a lawyer, but it would seem that does not violate the Federal codes quoted. He can't be prosecuted in State courts while serving, so maybe he is smarter than we give him credit for. He is bulletproof and he knows it. To his benefit, he is scoring high with his Fascist following.
The only hope that we have is that such stupid statements will boomerang on him in Nov. (if we make it to Nov.)
Hermit-The-Prog
(33,321 posts)18 U.S. Code § 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.
Hearthrob
(84 posts)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.
Do judges determine how much money
the defendent has to in order to set the amt of the fine?
If so, his tax records will be in evidence?
Chainfire
(17,528 posts)I am sure that Barr is working up charges as we speak.......
shanti
(21,675 posts)Chump is inciting a civil war.