Thursday, November 15, 2012

Conservatism: Treasonous Or Seditious?

From "Mrs. Facts," a new Facebook page, created on October 26, 2012.  Mrs. Facts declares herself to be a "Fictional Character," stating, "I'm here to attempt to debunk myths and lies with facts. *** Even though I myself won't be using "foul language" (I hold myself to the standards I require of people I discuss with), anyone here is welcome to use any language they see fit."

(Although Mrs. Facts terminates her parenthetical statement with a preposition, I subscribe to the view of Winston Churchill regarding this so-called grammatical crime, that "that is the sort of errant pedentary that I shall not up with put.")

And now from Mrs. Facts, an analysis of the recent criminality of the Conservative leadership in Congress as discussed at this site repeatedly:

"Facters, please share this, far and wide:

"On January 20th, 2009, the very day that President Barack Obama was sworn in, a group of men held a meeting in which they made a pact to violate their oath of office.

"The participants were the following:

  • Frank Luntz, Republican Party strategist
  • Newt Gingrich, former Speaker of the House

  • Rep. Eric Cantor (R-VA)
  • Rep. Jeb Hensarling (R-TX)
  • Rep. Pete Hoekstra (R-MI)
  • Rep. Dan Lungren (R-CA)
  • Rep. Kevin McCarthy (R-CA)
  • Rep. Paul Ryan (R-WI)
  • Rep. Pete Sessions (R-TX)

  • Sen. Tom Coburn (R-OK)
  • Sen. Bob Corker (R-TN)
  • Sen. Jim DeMint (R-SC)
  • Sen. John Ensign (R-NV)
  • Sen. Jon Kyl (R-AZ)

"These men pledged to block and obstruct President Obama on any and all legislation, and this has been confirmed – by some of the participants themselves – on numerous occasions. (See - Joyce, Jnr.)

"Now, the oath of office for federal officials reads as follows:

“'I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, WITHOUT ANY MENTAL RESERVATION or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.' [capslock mine]

"Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement.

"5 U.S.C. 3331 provides the text of the actual oath of office members of Congress are required to take before assuming office.

"5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331, and have not or will not violate that oath of office during their tenure of office, as defined by the third part of the law, 5 U.S.C 7311.

"In order to instruct investigating federal officials as to what is a violation of the oath of office under 5 U.S.C 3331 and 5 U.S.C. 7311, Executive Order 10450 was issued.

"Executive Order 10450 states (in part): “Whereas the interest of the national security require that all persons privileged to be employed in ... the Government shall be reliable, trustworthy, of good conduct and character, and OF COMPLETE AND UNSWERVING LOYALTY TO THE UNITED STATES...” [capslock mine]

"Federal criminal law is explicit and direct regarding a violation of oath of office by federal officials which includes all members of Congress. The law requires the removal of the office holder as well as a prison term or fine for the offender.

"The key sentences here are the ones I capslocked: 'without any mental reservation', and 'of complete and unswerving loyalty to the United States'.

"When these men pledged to oppose your head of state, uncritically, regardless of the nature and intent of the legislation, regardless of whether or not it would be better for the United States, they were *not* 'of complete and unswerving loyalty to the United States', and they were *not* 'without any mental reservation'. These men violated federal law, and some of them already pleaded guilty – in public – by admitting they took that pledge, and Congressional records will show that they kept it.

"Furthermore, any member of Congress who has signed Grover Norquist’s Taxpayer Protection Pledge is also in violation of their oath of office, because they *had* “a mental reservation” when they took or affirmed that oath.

"I’m asking you all to please do whatever you can to teach these people that there are consequences of their actions, actions that in my opinion are almost equal to seditious conspiracy.

"I rest my case."

To repeat: "The law requires the removal of the office holder as well as a prison term or fine for the offender."

Mrs. Fact's observation, that the actions of the Conservative leadership "are almost equal to seditious conspiracy," are close to the mark.


"Sedition may be the more proper definition of Norquist's action than treason, but sedition is a also a crime.

"Under 18 U.S.C.A. § 2384 (2000), a federal statute punishes seditious conspiracy, and 18 U.S.C.A. § 2385 (2000), outlaws advocating the overthrow of the federal government by force and a person may be punished for sedition when he or she makes statements that create a Clear and Present Danger to rights that the government may lawfully protect (Schenck v. United States, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).

"Congress enacted the Smith Act (18 U.S.C.A. §§ 2385, 2387), which outlawed sedition and seditious conspiracy. The Supreme Court upheld the constitutionality of the act in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951)."

"Sedition prosecutions are extremely rare, but they do occur. Shortly after the 1993 bombing of the World Trade Center in New York City, the federal government prosecuted Sheik Omar Abdel Rahman, a blind Egyptian cleric living in New Jersey, and nine co-defendants on charges of seditious conspiracy. Rahman and the other defendants were convicted of violating the seditious conspiracy statute by engaging in an extensive plot to wage a war of Terrorism against the United States. With the exception of Rahman, they all were arrested while mixing explosives in a garage in Queens, New York, on June 24, 1993.

"The defendants committed no overt acts of war, but all were found to have taken substantial steps toward carrying out a plot to levy war against the United States. The government did not have sufficient evidence that Rahman participated in the actual plotting against the government or any other activities to prepare for terrorism. He was instead prosecuted for providing religious encouragement to his co-conspirators. Rahman, like Limbaugh who argues that he is "only an entertainer," argued that he only performed the function of a cleric and advised followers about the rules of Islam. He and the others were convicted, and on January 17, 1996, Rahman was sentenced to life imprisonment by Judge Michael Mukasey.

"Following the September 11th Attacks of 2001, the federal government feared that terrorist networks were very real threats, and that if left unchecked, would lead to further insurrection. As a result, Congress enacted the Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. Among other things, the act increases the president's authority to seize the property of individuals and organizations that the president determines have planned, authorized, aided, or engaged in hostilities or attacks against the United States.

"The events of September 11 also led to the conviction of at least one American. In 2001, U.S. officials captured John Philip Walker Lindh, a U.S. citizen who had trained with terrorist organizations in Pakistan and Afghanistan. Lindh, who became known as the 'American Taliban,' was indicted on ten counts, including conspiracy to murder U.S. nationals. In October 2002, he was sentenced to 20 years in prison." (

"Conservatives have insisted that life imprisonment and other lengthy sentence and rehabilitation programs are too costly for the taxpayer, so in the interest of fairness the debate over capital punishment for Conservative criminals will certainly continue in these pages."


"I'm completely in favor of the separation of Church and State. My idea is that these two
institutions screw us up enough on their own, so both of them together is certain death."

George Carlin


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