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Eyeball_Kid

(7,430 posts)
Sun Oct 10, 2021, 01:25 PM Oct 2021

The GOP is trying to run away from this US Code:

18 U.S. Code § 2383 - Rebellion or insurrection

They can't really escape. Even the DOJ must know. And that's likely why they've been so silent. Because the implications are catastrophic for the GOP. Hundreds of GOPers are implicit in the violation of this US Code. All of those who voted to deny the certification of the 2020 vote can be ineligible to hold office, according to this code. IF ENFORCED, the GOP would be decimated.

So why isn't the DOJ enforcing its own federal code? Is it due to the enormity of the consequences of enforcing the code?

My answer to that question is: YES.

Comments?

28 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The GOP is trying to run away from this US Code: (Original Post) Eyeball_Kid Oct 2021 OP
This message was self-deleted by its author Chin music Oct 2021 #1
Mostly agree. triron Oct 2021 #4
This message was self-deleted by its author Chin music Oct 2021 #6
How can you run away from something that isn't pursuing you? dem4decades Oct 2021 #2
My comment is the media is trying to bury it and as a nation the leadership and population is in no ShazamIam Oct 2021 #3
Yep burying their collective heads in the sand (like 1930s Germans). triron Oct 2021 #5
Bury your head in the sand..... Traildogbob Oct 2021 #11
We have to overcome the fear of what they'll think... lame54 Oct 2021 #7
This message was self-deleted by its author Chin music Oct 2021 #8
Objecting to the certification isn't anywhere close to this code Sympthsical Oct 2021 #9
The peaceful transfer of power. Justice matters. Oct 2021 #10
But that's not what the OP is about Sympthsical Oct 2021 #12
Do I need to underline the part? " Gives aid or comfort" rgbecker Oct 2021 #15
Voting against certification is a statutorily protected act. onenote Oct 2021 #19
Internet lawyer is not an actual degree Sympthsical Oct 2021 #20
Yes. Well phrased. Eyeball_Kid Oct 2021 #23
Yes, the DOJ must be worried about starting a new assault. flying_wahini Oct 2021 #13
GOP, thug gangs... lambchopp59 Oct 2021 #14
My answer is that praxEs Oct 2021 #16
They don't need to run away from it if none are actually charged with it. NullTuples Oct 2021 #17
There's plenty of legal expertise among those in the GOP. Eyeball_Kid Oct 2021 #24
Unless Garland grows a pair of balls, unless Trumpers are kicked from the DOJ... NotHardly Oct 2021 #18
Feels like 1935 all over again Ponietz Oct 2021 #21
Don't like (D)? Igel Oct 2021 #22
That was amazing. n/t Eyeball_Kid Oct 2021 #25
I forgot about posting this thread until today. Eyeball_Kid Oct 2021 #26
I think we have to deal with reality. kentuck Oct 2021 #27
"sets on foot" -- in other words, what Trump did Bucky Oct 2021 #28

Response to Eyeball_Kid (Original post)

triron

(21,994 posts)
4. Mostly agree.
Sun Oct 10, 2021, 02:06 PM
Oct 2021

I am frustrated and despondent even that there are even DUers still defending the Garland DOJ.
Something is very wrong and if nothing is done then democracy is surely done in the US (unless some liberal
states split off and form a new one).

Response to triron (Reply #4)

ShazamIam

(2,570 posts)
3. My comment is the media is trying to bury it and as a nation the leadership and population is in no
Sun Oct 10, 2021, 02:00 PM
Oct 2021

way ready to discuss the reality that the Republican political party has morphed itself into, an updated version of the Confederacy and are engaged in a rebellion against the U.S. Constitution and the Nation so governed.

We need a way to bring the rebels to justice free of an actual shooting war.

The reality is barely mentioned and the focus is kept on personalities and re-direction of the narrative.

Traildogbob

(8,709 posts)
11. Bury your head in the sand.....
Sun Oct 10, 2021, 03:01 PM
Oct 2021

Your asshole becomes an easy bulls eye. And those looking to fuck over the country, are on the hunt for easy targets.

Response to lame54 (Reply #7)

Sympthsical

(9,067 posts)
9. Objecting to the certification isn't anywhere close to this code
Sun Oct 10, 2021, 02:25 PM
Oct 2021

It's a right they have. The reason we see it so rarely is because most Congresses accept elections, and the acceptance of that election is one of those "more a formality" things we do to reinforce democracy in tradition and institutions.

However.

The power to object to certification is there in case there really is some crazy, corrupt situation in a state where the electoral votes are suspect. It's intended to be a safeguard rarely used.

Here, they used it for political opportunism. It's a complete misuse of the power, but it's not rebellion or insurrection.

If it were this heinous, unconstitutional thing, why weren't the Democrats who objected to Ohio in 2004 hauled off to jail?

Justice matters.

(6,925 posts)
10. The peaceful transfer of power.
Sun Oct 10, 2021, 02:47 PM
Oct 2021
1- When a candidate loses, he/she accepts the will of the voters, concedes and tries again next election cycle.

2- If suspicions of irregularities in the results come up, he/she addresses them through the courts up to the SC based on credible evidence.

3- After all the court cases have been judged moot (but one pertaining to the distance of observers), discarded by the SC and the EC certified the winner, he/she must concede and try to appeal to voters again next election cycle.

All the criminal activity that follows those 3-point route should be codified and enforced to save Democracy.


Sympthsical

(9,067 posts)
12. But that's not what the OP is about
Sun Oct 10, 2021, 03:04 PM
Oct 2021

They seem to think objecting to certification is criminal rebellion or insurrection.

If that were so, why not the Democrats after the 2004 election?

rgbecker

(4,823 posts)
15. Do I need to underline the part? " Gives aid or comfort"
Sun Oct 10, 2021, 03:35 PM
Oct 2021

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.

Those who spoke at the Rally before the riot at the Capital fall into this category in my opinion.

onenote

(42,680 posts)
19. Voting against certification is a statutorily protected act.
Sun Oct 10, 2021, 04:04 PM
Oct 2021

DOJ isn't going to treat it as giving "aid or comfort" to insurrection.

Sympthsical

(9,067 posts)
20. Internet lawyer is not an actual degree
Sun Oct 10, 2021, 04:06 PM
Oct 2021

A congressional power is not rebellion or insurrection.

The end.

Eyeball_Kid

(7,430 posts)
23. Yes. Well phrased.
Wed Oct 13, 2021, 12:54 AM
Oct 2021

It was and is political opportunism and a misuse of power.

And because it's a complete misuse of power, it is anti-Constitutional.

Does it matter if the flooding of states' (administration of) elections positions with known insurrectionists is "legal"?

flying_wahini

(6,588 posts)
13. Yes, the DOJ must be worried about starting a new assault.
Sun Oct 10, 2021, 03:07 PM
Oct 2021

The GOP knows it better than anyone.
The DOJ had had enough proof and now looks like they won’t push for arrests for those failing to report EVEN after defying subpoenas. ?

This is why the first Insurrectionists should have been punished more severely.
Now they will think it’s no biggie if the GOP will cover for them.
We are in deep trouble.

praxEs

(56 posts)
16. My answer is that
Sun Oct 10, 2021, 03:36 PM
Oct 2021

the investigations necessary to bring such charges are clearly underway. Whether there is sufficient evidence under the law to convict remains to be seen because the details are not now entirely public, except for places like Emptywheel and Above the Law.

Eyeball_Kid

(7,430 posts)
24. There's plenty of legal expertise among those in the GOP.
Wed Oct 13, 2021, 12:58 AM
Oct 2021

They know the law. Their concern is to stay clear of any demand by the press or any other segment of society that highlights this statute and prods the DOJ into doing something about it. Prosecutorial strategies would include an alleged violaton of this statute. If that were to happen the "dominoes" are set in motion.

NotHardly

(1,062 posts)
18. Unless Garland grows a pair of balls, unless Trumpers are kicked from the DOJ...
Sun Oct 10, 2021, 04:03 PM
Oct 2021

... DOJ and the AG will continue to carry water for Trump by continuing these obstructionist bullshit, mealy mouthed, whining lies.

Biden needs to tell the AG to act like a damn AG for the country and its citizens instead of Trump apologists.

Ponietz

(2,957 posts)
21. Feels like 1935 all over again
Sun Oct 10, 2021, 04:24 PM
Oct 2021

But for the virulent racism here, the situation resembles the conditions of Spain prior to its Civil War. Flynn and Franco have much in common, but Flynn doesn’t measure up. General Milley’s unequivocal statement was reassuring.

Eyeball_Kid

(7,430 posts)
26. I forgot about posting this thread until today.
Wed Oct 13, 2021, 01:08 AM
Oct 2021

I'm relieved to know that there are a handful of folks who expressed similar concerns.

But I'm also gratified that the post was viewed by over 2800. The US Code that was cited should be (and has been) read by more than 2800. It's a good start.

kentuck

(111,074 posts)
27. I think we have to deal with reality.
Wed Oct 13, 2021, 06:36 AM
Oct 2021

We cannot go after a national political Party and expect to succeed.

We have to go after them one at a time. (Perhaps starting with Steve Bannon)

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