Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

berni_mccoy

(23,018 posts)
Mon Jul 17, 2017, 04:28 PM Jul 2017

In case anyone asks, Trump et al. are guilty of "18 U.S. Code 2384 - Seditious conspiracy"

18 U.S. Code § 2384 - Seditious conspiracy

The Law:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States,

Conspire to
- overthrow,
- put down,
- or to destroy by force the Government of the United States,
- or to levy war against them,
- or to oppose by force the authority thereof,
- or by force to prevent, hinder, or delay the execution of any law of the United States,
- or by force to seize, take, or possess any property of the United States contrary to the authority thereof,

they shall each be fined under this title or imprisoned not more than twenty years, or both.

Trump campaign et al. conspired (colluded) with Russia to take information from the DNC and Hillary's campaign (which we know from Don Jr.'s admissions and emails) as well as to disrupt election systems in several states (which we know from all the intelligence agencies) in order to gain Trump's commitment to prevent or delay the execution of Russian sanctions (which we know from Flynn's conversations with Russia)

It is that simple and there is enough evidence now IN PUBLIC to indict.

38 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
In case anyone asks, Trump et al. are guilty of "18 U.S. Code 2384 - Seditious conspiracy" (Original Post) berni_mccoy Jul 2017 OP
Seems a stretch. Goodheart Jul 2017 #1
war is only one of the list items in the law... there are many other items, including berni_mccoy Jul 2017 #3
Hillary's campaign stuff was not "taken by force" nor was it "property of the United States." n/t rzemanfl Jul 2017 #2
DNC, Podesta and Hillary's campaign all willingly gave up their protected information? berni_mccoy Jul 2017 #5
You're confusing "without consent" and "by force." If I hotwire your car and take it I didn't do it rzemanfl Jul 2017 #9
As someone who works in cybersecurity, hacking someones information is an act of force berni_mccoy Jul 2017 #12
Getting a password at gunpoint is an act of force, guessing it is not. rzemanfl Jul 2017 #16
Pentagon disagrees with you berni_mccoy Jul 2017 #18
Please just get a dictionary. n/t rzemanfl Jul 2017 #20
Please just keep up with the times. berni_mccoy Jul 2017 #22
I am about a year older than the 69 year-old law you cite. n/t rzemanfl Jul 2017 #27
Your age does not give you advantage on the current applicability of the law. berni_mccoy Jul 2017 #29
If all these messages are "property of the United States" we can let the government rzemanfl Jul 2017 #32
one does not have to have every condition listed. bench scientist Jul 2017 #7
Where is the force? n/t rzemanfl Jul 2017 #10
fair point.nt bench scientist Jul 2017 #11
It's not a fair point. Stealing information is an act of force. berni_mccoy Jul 2017 #13
What's fair isn't part of it. You are, unfortunately, wrong. rzemanfl Jul 2017 #15
What's your investment in defending Trump/Russia on this? berni_mccoy Jul 2017 #17
Good grief! What law school did you go to? rzemanfl Jul 2017 #19
What degree in Computer Science do you have? berni_mccoy Jul 2017 #21
If this thread was about computer science you might have a point. It isn't. n/t rzemanfl Jul 2017 #24
Great! I'm going to memorize that. And I disagree with the above poster that it is a stretch. Squinch Jul 2017 #4
"or by force to prevent, hinder, or delay the execution of any law of the United States, " bench scientist Jul 2017 #6
I'd even argue that it constitutes an effort to overthrow the Government of the US. Squinch Jul 2017 #8
I was addressing the argument in the OP. Again, where was the force? rzemanfl Jul 2017 #14
Breaking into email isn't force? YCHDT Jul 2017 #26
See the post below, which explains. n/t rzemanfl Jul 2017 #28
Nope. And breaking into your house isn't force onenote Jul 2017 #36
There is no taking "by force" here. Law School 101. onenote Jul 2017 #23
Thank you. Although it appears this is a discussion about computer science and cybersecurity. n/t rzemanfl Jul 2017 #25
Your ignorance of the currency of applicability to the law via a new medium is showing. berni_mccoy Jul 2017 #31
Whatever you think you're welcome to think. But you're wrong and I am tired of this. n/t rzemanfl Jul 2017 #33
I've seen the theft of information lead to people's deaths berni_mccoy Jul 2017 #30
Stuxnet was an act of sabotage. onenote Jul 2017 #35
It was an exchange, that is, a conspiracy berni_mccoy Jul 2017 #37
Not seeing the connection. jmg257 Jul 2017 #34
National sovereignty dee135 Jul 2017 #38

Goodheart

(5,307 posts)
1. Seems a stretch.
Mon Jul 17, 2017, 04:30 PM
Jul 2017

The definition of "war" would have to be interpreted by the courts to also include cyber warfare.

 

berni_mccoy

(23,018 posts)
3. war is only one of the list items in the law... there are many other items, including
Mon Jul 17, 2017, 04:33 PM
Jul 2017

taking property and disrupting systems and delaying execution of laws that are all conveniently ORed together.

 

berni_mccoy

(23,018 posts)
5. DNC, Podesta and Hillary's campaign all willingly gave up their protected information?
Mon Jul 17, 2017, 04:34 PM
Jul 2017

I don't think so.

rzemanfl

(29,554 posts)
9. You're confusing "without consent" and "by force." If I hotwire your car and take it I didn't do it
Mon Jul 17, 2017, 04:40 PM
Jul 2017

"by force" if I hit you over the head, knock you out and take the keys out of your pocket, I took it "by force." How was the DNC, Podesta and Hillary stuff "property of the United States?"

 

berni_mccoy

(23,018 posts)
12. As someone who works in cybersecurity, hacking someones information is an act of force
Mon Jul 17, 2017, 04:44 PM
Jul 2017

And it is what Russia did in exchange for getting the promise of lifting sanctions by the Trump administration.

Furthermore, Property of the US would involve the networks that these information systems ran on. Nearly all information traveling across networks in this country flows through government owned infrastructure.

rzemanfl

(29,554 posts)
16. Getting a password at gunpoint is an act of force, guessing it is not.
Mon Jul 17, 2017, 04:59 PM
Jul 2017

So everything on the Internet, DU, the porn, eBay, Amazon, my emails and yours are "property of the United States?" Give me a break.

bench scientist

(1,107 posts)
7. one does not have to have every condition listed.
Mon Jul 17, 2017, 04:36 PM
Jul 2017

the "or by force to prevent, hinder, or delay the execution of any law of the United States, " seems the strongest.

rzemanfl

(29,554 posts)
15. What's fair isn't part of it. You are, unfortunately, wrong.
Mon Jul 17, 2017, 04:53 PM
Jul 2017

If someone stole my wife's panties off the clothesline it would not be an act of force and computer hacking isn't either.

bench scientist

(1,107 posts)
6. "or by force to prevent, hinder, or delay the execution of any law of the United States, "
Mon Jul 17, 2017, 04:34 PM
Jul 2017

seems like a good case for this.

Squinch

(50,901 posts)
8. I'd even argue that it constitutes an effort to overthrow the Government of the US.
Mon Jul 17, 2017, 04:38 PM
Jul 2017

The legitimate government was not allowed to be elected and this sham piece of shit government was put in its place.

rzemanfl

(29,554 posts)
14. I was addressing the argument in the OP. Again, where was the force?
Mon Jul 17, 2017, 04:46 PM
Jul 2017

In this instance if ICE has a warrant for someone I know and I lie and say he left the country, I hindered without force. If I knock the ICE guy on his ass so my acquaintance can make a break for it, that would be hindering with force.

onenote

(42,531 posts)
36. Nope. And breaking into your house isn't force
Mon Jul 17, 2017, 06:04 PM
Jul 2017

Breaking into your house is burglary, which is category of theft that is distinct from robbery, which is the category that involves taking property by physical force or threat of force.

onenote

(42,531 posts)
23. There is no taking "by force" here. Law School 101.
Mon Jul 17, 2017, 05:24 PM
Jul 2017

The law distinguishes between different types of misappropriation of property.

"Theft" (or sometimes "larceny" or "stealing&quot is the term commonly used broadly to refer to the unauthorized taking of personal property with the intent not to return it.

"Robbery" is the term used to distinguish simple theft or larceny from theft that is accomplished through the use of physical force or fear of physical force (e.g., intimidation).

When the law talks about taking property by force, it is referring to physical force committed in the presence or near presence of the person whose property is misappropriated.

Sorry, but the OP's theory won't fly.

rzemanfl

(29,554 posts)
25. Thank you. Although it appears this is a discussion about computer science and cybersecurity. n/t
Mon Jul 17, 2017, 05:26 PM
Jul 2017
 

berni_mccoy

(23,018 posts)
30. I've seen the theft of information lead to people's deaths
Mon Jul 17, 2017, 05:37 PM
Jul 2017

The UN considers cyberattacks "use of force". Refer to stuxnet.

Ask Skinner of the election night hack on DU was a use of force.

Just because the means of force change over time, doesn't mean the law doesn't apply.

onenote

(42,531 posts)
35. Stuxnet was an act of sabotage.
Mon Jul 17, 2017, 06:01 PM
Jul 2017

The reason that some legal experts consider the use of the stuxnet virus to attack Iran's nuclear program to be an act of "force" was that it was an attack designed to destroy or damage property. A cyberattack that kills or injures someone or destroys or damages property can be considered an act of force.

But that's a different situation from cybertheft that does not in a proximate way endanger life or property, but rather misappropriates it (and does so, unlike traditional theft, in a way that doesn't deprive the owner of the property of that property).

 

berni_mccoy

(23,018 posts)
37. It was an exchange, that is, a conspiracy
Mon Jul 17, 2017, 06:11 PM
Jul 2017

Russia hacked the election and in return for the promise to lift sanctions. Stuxnet also needed to infiltrate systems before it could do damage. We do not yet know the full damage to our election system but we do not information was purged and/or modified.

jmg257

(11,996 posts)
34. Not seeing the connection.
Mon Jul 17, 2017, 05:52 PM
Jul 2017

Winning an elections as a goal doesn't seem to fit any of the charges listed.

Winning by affecting the opinions of voters doesn't seem to fit.

dee135

(4 posts)
38. National sovereignty
Tue Jul 18, 2017, 03:39 PM
Jul 2017

Our national sovereignty is something that we ask young men and woman to give their lives to preserve and protect. For President Trump to dismiss his (and his family) conspiring with a foreign nation as an acceptable political practice is an insult to all those serving in the military and their families!

Latest Discussions»General Discussion»In case anyone asks, Trum...