American Govt. Can Have No Credibility Unless Coup Plotters Are Expelled From House & Senate And Prosecuted

The Constitution cen­ter’s Paul T. Crane and Deborah Pearlstein on the ques­tion of “Treason.“The Constitution specif­i­cal­ly iden­ti­fies what con­sti­tutes trea­son against the United States and, impor­tant­ly, lim­its the offense of trea­son to only two types of con­duct: (1) “levy­ing war” against the United States; or (2) “adher­ing to [the] ene­mies [of the United States], giv­ing them aid and com­fort.” Although there have not been many trea­son pros­e­cu­tions in American his­to­ry — indeed, only one per­son has been indict­ed for trea­son since 1954 — the Supreme Court has had occa­sion to define fur­ther what each type of trea­son entails.
The offense of “levy­ing war” against the United States was inter­pret­ed nar­row­ly in Ex parte Bollman & Swarthout (1807), a case stem­ming from for­mer vice pres­i­dent Aaron’s infa­mous alleged plot Burr to over­throw the American gov­ern­ment in New Orleans. The Supreme Court dis­missed trea­son charges against two of Burr’s asso­ciates — Bollman and Swarthout — because their alleged con­duct did not con­sti­tute levy­ing war against the United States with­in the Treason Clause’s mean­ing. It was not enough, Chief Justice John Marshall’s opin­ion empha­sized, mere­ly to con­spire “to sub­vert by force the gov­ern­ment of our coun­try” by recruit­ing troops, procur­ing maps, and draw­ing up plans. Conspiring to levy war is dis­tinct from actu­al­ly levy­ing war. Rather, a per­son could be con­vict­ed of trea­son for levy­ing war only if there was an “actu­al assem­blage of men to exe­cute a trea­son­able design.” In so hold­ing, the Court sharply con­fined the scope of the offense of trea­son by levy­ing war against the United States.

Noose appears near Capitol; protesters seen carrying Confederate flags

Trump intend­ed that the insur­rec­tion­ist mob would kill the mem­bers of the Legislative branch who cer­ti­fy the vote for Joe Biden. He knew they would also kill his own vice pres­i­dent Mike Pence. They chant­ed it, they looked for him, they built a gallows.

Article I, Section 5, of the United States Constitution pro­vides that “Each House [of Congress] may deter­mine the Rules of its pro­ceed­ings, pun­ish its mem­bers for dis­or­der­ly behav­ior, and, with the con­cur­rence of two-thirds, expel a mem­ber.” Since 1789, the Senate has expelled only fif­teen of its entire mem­ber­ship. (the US Senate).
The House and Senate must send a mes­sage to Republicans who betrayed their oaths to the Constitution; they embraced the trai­tor­ous lies of Donald Trump, if it is left to go unpun­ished, it becomes precedent.

John Smith Resigns Under Fire

April 25, 1808

He was the first sen­a­tor to be indict­ed, and he came close to becom­ing the sec­ond sen­a­tor — after William Blount in 1797 — to be expelled on charges of trea­son. With his polit­i­cal and busi­ness careers in sham­bles, John Smith reluc­tant­ly resigned from the Senate on April 25, 1808.

One of Ohio’s first two sen­a­tors, Smith took office on October 25, 1803. Almost noth­ing is known of his ear­li­est years, includ­ing his par­ents’ names or birth­place. A large and gre­gar­i­ous man with a tal­ent for impas­sioned ora­to­ry, he estab­lished him­self as a preach­er in the 1790s. He then moved on to the greater finan­cial rewards of life as a trad­er, sup­ply­ing mil­i­tary posts near Cincinnati. He entered polit­i­cal life and won the Ohio ter­ri­to­r­i­al leg­is­la­ture, where he led a suc­cess­ful cam­paign for statehood.

While in the Senate, Smith con­tin­ued his prof­itable trad­ing ven­tures in Louisiana and West Florida and pur­sued numer­ous land invest­ment schemes. In 1805 for­mer vice pres­i­dent Aaron Burr sought his sup­port in orga­niz­ing a mil­i­tary expe­di­tion against Spanish Florida. Although Smith claimed he had no inter­est in Burr’s plot to force seces­sion of Spanish ter­ri­to­ries, he agreed to pro­vide sup­plies for the pro­posed expe­di­tion. When President Thomas Jefferson lat­er issued an alert, charg­ing that Burr’s actu­al pur­pose was an inva­sion of Mexico, Smith respond­ed patri­ot­i­cal­ly by financ­ing weapons to defend against the Burr expe­di­tion and deliv­er­ing those weapons to New Orleans. These trav­els caused him to miss weeks of Senate ses­sions and led the Ohio leg­is­la­ture to charge him with dere­lic­tion of duty and demand his resignation.

Although Smith ignored that demand, he found his trou­bles increas­ing as a court in Richmond, Virginia, indict­ed him in mid-1807 for par­tic­i­pat­ing in Burr’s con­spir­a­cy. As he trav­eled to Richmond, he learned that the court had acquit­ted Burr on a tech­ni­cal­i­ty and had dropped his own case.

Soon after the Senate con­vened in late 1807, mem­bers opened an inves­ti­ga­tion into Smith’s con­duct. A defense team that includ­ed promi­nent Baltimore lawyer Francis Scott Key argued that Smith might have been naïve but no trai­tor. By a vote of 19 to 10 — one short of the two-thirds required for expul­sion — Smith retained his seat. Concluding that his polit­i­cal career was over, he then resigned. He moved to the Louisiana Territory, forced into bank­rupt­cy, where he lived his remain­ing years in pover­ty. (US Senate)


Ten Senators Expelled

July 11, 1861

Abraham Lincoln by Freeman Thorp

For what rea­sons should the Senate expel a mem­ber? The Constitution states that each house of Congress may “pun­ish its Members for dis­or­der­ly Behavior, and, with the Concurrence of two thirds, expel a Member.” When the Senate expelled William Blount in 1797 by a near­ly unan­i­mous vote, it had rea­son to believe he was involved in a con­spir­a­cy against the United States.

Sixty-four years lat­er, at the start of the Civil War, sen­a­tors again turned to this con­sti­tu­tion­al safe­guard. Between December 1860 and June 1861, 11 of the nation’s 34 states had vot­ed to with­draw from the Union. What was the sta­tus of their 22 sen­a­tors at the begin­ning of the 37th Congress? Some were no longer sen­a­tors because their terms had expired. Others sent a let­ter of res­ig­na­tion. Still, oth­ers, believ­ing their seats no longer exist­ed, left with­out for­mal notice. Several remained, despite their states’ departure.

During a brief spe­cial ses­sion in March 1861, weeks before the hos­til­i­ties start, the Senate decid­ed to con­sid­er these seats as vacant to avoid offi­cial­ly rec­og­niz­ing that a state could leave the Union.

On the Fourth of July 1861, with open war­fare in progress, President Abraham Lincoln con­vened Congress to deal with the emer­gency. With all hope of rec­on­cil­i­a­tion gone, the Senate took up a res­o­lu­tion of expul­sion against its 10 miss­ing mem­bers. The res­o­lu­tion’s sup­port­ers argued that the 10 were guilty, like Blount years before, of con­spir­a­cy against the gov­ern­ment. In futile oppo­si­tion, sev­er­al sen­a­tors con­tend­ed that the depart­ed south­ern­ers were mere­ly fol­low­ing their states’ dic­tates and were not guilty of per­son­al misconduct.

On July 11, 1861, the Senate quick­ly passed Senate Daniel Clark’s res­o­lu­tion, expelling all 10 south­ern sen­a­tors by a vote of 32 to 10. By the fol­low­ing February, the Senate expelled anoth­er four sen­a­tors for offer­ing aid to the Confederacy. Since 1862, despite con­sid­er­ing expul­sion in an addi­tion­al 16 instances, the Senate has removed no mem­ber under this pro­vi­sion. (US Senate)

Friendship or Treason?

February 5, 1862

Photo of Jesse Bright of Indiana

He was a large man who walked with a swag­ger. Despite his lim­it­ed for­mal edu­ca­tion, he built a flour­ish­ing law prac­tice and rose rapid­ly in the world of Indiana Democratic pol­i­tics. Abrupt and hot-tem­pered, he was among the shrewdest of his state’s polit­i­cal figures.

By 1845, Jesse Bright had become pres­i­dent of the Indiana state sen­ate. Capitalizing on an oppor­tu­ni­ty to break a tied vote on select­ing a United States sen­a­tor, he engi­neered his own elec­tion to that office.

In the Senate, Bright’s knowl­edge of the cham­ber’s rules and prece­dents won him the post of pres­i­dent pro tem­pore on sev­er­al occa­sions. In the 1850s, how­ev­er, he lost many of his nat­ur­al polit­i­cal allies who were uncom­fort­able with his increas­ing sup­port of leg­is­la­tion to pro­tect slav­ery in the nation’s ter­ri­to­ries. By 1860, his own­er­ship of a Kentucky farm and 20 slaves led anti­slav­ery Indiana leg­is­la­tors to con­sid­er ask­ing the Senate to declare his seat vacant. As south­ern states began to leave the Union, Bright opposed the use of force against them because he believed they would soon return.

The July 1861 Battle of Bull Run proved a dis­as­ter for Union troops — and Jesse Bright. During the bat­tle, Union forces cap­tured an arms mer­chant as he attempt­ed to cross into Confederate ter­ri­to­ry. They dis­cov­ered that he car­ried a let­ter of intro­duc­tion to Confederate pres­i­dent Jefferson Davis. The let­ter, high­ly def­er­en­tial in tone, was signed by the United States Senator Jesse Bright.

When the Senate took up the mat­ter in January 1862, Bright explained that the cap­tured arms sup­pli­er was a for­mer client of his law prac­tice. Although he claimed not to remem­ber writ­ing the let­ter, he assert­ed that it was only nat­ur­al to intro­duce a friend to Davis, until recent­ly a Senate col­league. Finally, Bright not­ed that the let­ter was dat­ed March 1 — before any fight­ing began. Aware that the Senate’s Republican major­i­ty cau­cus had already deter­mined his fate, Bright took the Senate floor on February 5, 1862, to state his case, if only “for pos­ter­i­ty.” He then gath­ered his belong­ings and walked solemn­ly from the cham­ber. Moments lat­er, by a vote of 32 to 14, Bright became the 14th and final sen­a­tor expelled by the Senate dur­ing the Civil War. No sen­a­tor has been expelled since his time.

After a doomed Senate reelec­tion bid, Bright served in the Kentucky leg­is­la­ture and went on to earn a for­tune from his invest­ments in West Virginia coal mines. (US Senate).

Here are the United States Senators who betrayed their oaths and object­ed to Joe Biden’s win To facil­i­tate Donald Trump’s cor­nu­copia of lies.

Some Senate Republicans sold their souls to Donald Trump, not just by repeat­ing his lies, but by tak­ing steps to over­turn the American peo­ple’s will. They are no less trai­tor­ous than Jesse Bright. An even larg­er num­ber in the US House, more than half of the cau­cus, did the same thing.
What they are, is of worse char­ac­ter. Not a sin­gle one of them will vol­un­tar­i­ly walk away as Jesse Bright did 159 years ago.
It is for those rea­sons that the Senate [must] act to expel them from the Senate. The House [must] also act to expel the entire list of trai­tor­ous House mem­bers, includ­ing Kevin McCarthy, their leader, who clear­ly knew that what Trump was prop­a­gat­ing was lies, but he expect­ed to be a major play­er in an auto­crat­ic Trump régime, so he sup­port­ed the lies.\

The events that came to a head, on January 6th, 2021, did not start when Joe Biden and Kamala Harris were declared the win­ner of the 202 0 Presidential elec­tions. It start­ed when Barack Obama was elect­ed President of the United States in 2008.
On the day that the first African-American President was being inau­gu­rat­ed, many Republicans met sur­rep­ti­tious­ly in a DC restau­rant to chart a course to ensure the fail­ure of the new pres­i­dent. Ask your­selves whether that was a polit­i­cal move or whether it was a bla­tant­ly un-American conspiracy?
Mitch McConnell declared then that [his] only goal, was to ensure that the new President is a one-term pres­i­dent. Pretty amaz­ing, but not out of the ordi­nary; that was politics.
However, the sad real­i­ty is that a sew­er pipe of nas­ti­ness was opened into the aque­duct of polit­i­cal dis­course, con­t­a­m­i­nat­ing the nar­ra­tive in ways none of us have seen in our lifetimes.
That sew­er pipe was Sarah Palin. Palin was anoth­er insuf­fer­able igno­ra­mus that was wel­comed into the sew­er swamp of Republican pol­i­tics. She is the same une­d­u­cat­ed dunce that Donald Trump is; through bro­ken English and folks embar­rass­ing flubs, she was glo­ri­fied as a real American, stu­pid­i­ty, and igno­rance were cel­e­brat­ed as American, while intel­lec­tu­al­ism and the belief in sci­ence were ridiculed on right-wing media, fur­ther prop­a­gat­ing igno­rance and broad­en­ing the swamp.
None of it occurred in a vac­u­um. A dumb igno­ra­mus, Sarah Palin, became a right-wing star because she was unabashed in the insid­i­ous racist invec­tives she unleashed into the polit­i­cal bloodstream.
Palin became the most caus­tic and insid­i­ous against Brack Obama; Sarah Palin helped with embold­en­ing anoth­er igno­rant Moron, the one who now sits in the White House.

If you had any doubt about what it was about this should leave no doubt in your mind.

On November 3rd, 2020, African-American wom­en’s pow­er became clear in its man­i­fes­ta­tion across the vast plains of America. It was not the begin­ning of their cohe­sive­ness as a polit­i­cal force; it was only one iter­a­tion of their polit­i­cal effectiveness.
From their deci­sion to bring Joe Biden back from polit­i­cal obliv­ion in South Carolina, Stacy Abrams’ her­culean effort to reg­is­ter more vot­ers after being the vic­tim of Republican vot­er fraud in Georgia, black women showed who the boss was.
Some black men were on social media demon­strat­ing their lack of depth, shame­less­ly sup­port­ing Donald Trump because he dan­gled giv­ing tax-pay­ers mon­ey to them.
How utter­ly dis­gust­ing are these men who would sell their souls, much less for a one-time pit­tance from a racist sociopath?
At the same time, African-American women were orga­niz­ing, reg­is­ter­ing, encour­ag­ing, and get­ting oth­ers to the polls.
These women did not only save America from the hordes who turned out to vote for Trump in larg­er num­bers than they did in 2016, but they also did it in elect­ing an African-American preach­er and a Jew to the US Senate in the state of Georgia for the very first time in history.
You have seen the Confederate flag in the Capitol build­ing, that is what it was about.
Trump and his Republican allies want­ed the votes thrown out because they knew that African-Americans had stood up and repu­di­at­ed them.
Donald Trump ful­ly expect­ed that the Government would be over­thrown, his plan also includ­ed poten­tial­ly throw­ing the coun­try into anoth­er civ­il war, one from which he would emerge pres­i­dent for life.
That is what it has always been about. It hap­pened before and we will be bring­ing those facts to you in our next article.




Mike Beckles is a for­mer Police Detective, busi­ness­man, free­lance writer, a black achiev­er hon­oree, and pub­lish­er of the blog mike​beck​les​.com. 
He’s con­tributed to sev­er­al websites.
You may sub­scribe to his blogs, or sub­scribe to his Youtube chan­nel @chatt-a-box, for the lat­est videos.

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