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The Last Word With Lawrence ODonnell

here, with these people, as glenn said, who are the footsoldiers, carrying out very much what donald trump could -- put in motion. the idea that you wouldn't charge the leader of the conspiracy is something that that question answers itself. it also takes away the argument that we saw when alvin bragg went forward, with this case being brought but for his name being donald trump. here, anybody who led this conspiracy would and should be charged. in this case, it is the former president, he had every interest and took every action and had the intent, that was necessary. i think all of that plays into how jack smith is going to reevaluate this case. >> glenn kirschner, going back to your point about enrico theriot, he was not there. on january six. i keep reading the seditious conspiracy statute, every line

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The Last Word With Lawrence ODonnell

charge the leader of the conspiracy is something that that question answers itself. it also takes away the argument that we saw when alvin bragg went forward, with this case being brought but for his name being donald trump. here, anybody who led this conspiracy would and should be charged. in this case, it is the former president, he had every interest and took every action and had the intent, that was necessary. i think all of that plays into how jack smith is going to reevaluate this case. >> glenn kirschner, going back to your point about enrico theriot, he was not there. on january six. i keep reading the seditious conspiracy statute, every line of it says, by force. by force. you cannot commit this crime unless force is involved. this conviction today, of theriot, shows as you pointed

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Deadline White House

the history in the south and other parts of the country as well has been shifting the formations of different groups, smaller groups with different goals. they seem to come together for a time, but they can be easily dissuaded from staying together. these are not brave or courageous people. they are very fearful. a successful prosecution can discourage them, can deter them from continuing with their efforts. to glenn pointed out that the sentence that stewart rhodes faces here could be decades. the seditious conspiracy statute carries a penalty of 20 years in prison. that's the statutory maximum. we know that he'll be sentenced other a vehicle called the sentencing guidelines which typically calls for a lighter sentence than the statutory maximum. but in this case i would expect those guideline ranges to be very high because of the seriousness of the crimes and some of the factors in play including the use of force and violence here.

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The Last Word With Lawrence ODonnell

other criminal defendants, are facing charges of seditious conspiracy, conspiracy to obstruct an official proceeding, assaulting, or repeating certain officers, and other crimes. so this conspiracy alone carries a potential prison sentence of 20 years. the seditious conspiracy statute is an 1861 federal law that elmer rhodes may defense against by using an 1807 law. the wall street journal reports that elmer rhodes who hates his first name so much that he uses his middle name, may be planning to mop the defense bates on the insurrection act. the wall street journal reports quote, the defense also hinges on the insurrection act, an 1807 a law that allows a president to deploy american troops inside the country. in the days before the january 6th attack on the capitol, some of mr. trump's allies urged him

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Morning Joe

what he is doing is not just beyond the pale, not just un-american, it's illegal. >> joe, let me tell you the only caveat, right? so the statute you read from, 18 us-c 2384, the seditious conspiracy statute, requires that somebody who thwarts congress or attempts to hinder the -- hinder a law or delay the vote intended, intended the use of force. now, we saw what the president did, we know what he said. you're getting close and close er, as jonathan and i discussed, but you have to intend force. that's hard to show. it's not hard to show that eastman's advice was idiotic or the president pressured mike pence. >> what about eastman when confronted about violence. yeah, violence happens in the

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Morning Joe-20220114-11:08:00

and 20th amendments of the united states. all which design to guarantee the peaceful of transfer of power. it'str overthrowing the constitution. statute goes to several things that are seditious. it goes down to not only constitutional acts. they actually came in like about as hot as you can count on statutes. george, i am just curious, i am an alabama graduate, i am curious where did this stewart rods, where did he go in law school? >> i don't know what to say to him and all his -- >> collect all six. >> jonathan lemire.

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Morning Joe-20220114-11:07:00

this is a ordinary day, one day in january. the planning that was in this indictment is astounding. they're talking about quick reaction force outside the city. they're talking about marching in stack formation and using military terminology and amassing weapons to do something of the 2020 presidential election. >> absolutely. and as joe was saying, it fits this seditious conspiracy statute. if two or more person by force or events of delaying the execution of any laws of the united states or by a force to seize or take any property like the capitol. it fits like a glove. they were trying to delay and stop hinder whatever we want to use theop execution of the 12th

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Morning Joe-20220114-13:03:00

indictment with insurrection charges, sedition charges being brought forward, with you starting to feel like justice may be served in the end after all? >> i don't know. what i know is that we have had the first seditious president in the history of the united states. jefferson davis who took the confederacy into war, was from the united states congress not the president of the united states. so we have a unique situation in which the president himself tried to stage a coup, and that's what the january 6th investigation is all about, and the amazing thing that is so different from what happened in watergate, that what happened even after the civil war is one of the two political parties, the republican party, has now committed itself to supporting really a seditious president of the united states. and will he get away with it? he has so far.

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Ask The Judge

Ask The Judge
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