Trial of Oath Keepers Will Turn On Two Old Laws

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Curiously, two very old laws (if the D.C. jury is fair) will decide the January 6 trial of the Oath Keepers.  The trial is the leading edge and center of gravity of the entire January 6 McCarthyist campaign.  Prosecutors have treated this least-guilty group of demonstrators as the lynch-pin of their efforts.   Switching to a “seditious conspiracy” framework disconnected January 6 from events geographically focused on the U.S. Capitol so that the Merrick Garland Department of Justice can now prosecute anyone they don’t like.  The main goal of prosecuting the innocent Oath Keepers – and urgently prior to the mid-term -- is to justify an indictment of Donald Trump, perhaps before November 8.  The Oath Keepers are currently on trial this month, charged with a seditious conspiracy under 18 U.S. Code § 2384 from 1861.  However, the Oath Keepers have raised as their primary defense that they petitioned the Commander in Chief Donald Trump to invoke the “Insurrection Act” of 1807 under 10 U.S. Code Chapter 13.  Both statutes trace back to the early years of our Republic, although they have been amended over the decades. Related: Trial of Oath Keepers Founders on Two Old, Dusty Laws -- Part I Trial of Oath Keepers Founders on Two Old, Dusty Laws -- Part II