You, and every other US citizen, are witnessing a flagrant attempt to negate Article II of the US Constitution, the section that enumerates the powers of the Executive Branch of our government; and supplant it with an oligarchy of career diplomatic and intelligence community bureaucrats known as the Deep State. The key question will come down to whether this blatant attempt to abet an outright overthrow the Executive Branch may be a felony under 18 U.S.C.A. § 2384, Seditious Conspiracy.
Before we go to the current attempts to overthrow President Trump, lets look back at how the “deep state” was created.
- Congressional Abdication of Duty: Over the years, Congress has passed more and more laws that have allowed, ironically, the Executive Branch to “flesh” out, expand, and self-interpret laws by creating regulations that ostensibly define the implementation of the legislative intent. In reality, the Executive Departments have used this unconstitutional legislative editing to formulate politically biased regulations of duly enacted legislation. Ostensibly, Congress is supposed to use its oversight powers to regulate the regulators but this rarely if ever happens. Do you really think that any Congress member actually reads all of the federal regulations that are created? So, while the US Constitution, in Article I, grants all legislative powers to Congress, Congress has allowed the Executive Branch bureaucrats to usurp this power and twist legislation into their political will. When was the last time you saw Congress sue the Executive Branch over regulatory overreach? Never.
- Executive Department Bureaucratic Legislation: With a license to steal from Congress in interpreting, then regulating, legislation, including how money is spent or not spent, the Executive Branch bureaucracy soon became the true power within the US Government even though they have no Constitutional authority to do so. JUST THINK, THEY REPLACED ARTICLE I AND ARTICLE II OF THE US CONSTITUTION WITH THEIR OWN SELF GRANTED AUTHORITY! To make matters worse from a conservative constitutional perspective, leftist Presidents have hired their political appoints as full time bureaucrats within these executive branch departments before they leave office. This creates a permanent, left-leaning if not outright leftist, permanent bureaucracy that grows and infects more and more as time goes on.
- Enter the Intelligence Communities: Over time, due to foreign entanglements, wars, and cold wars, the American people were fed numerous justifications for building up both domestic and foreign spying capabilities. Lets not even use the word, “intelligence”. Bill Barr was right, lets just call it SPYING. In sprite of congressional attempts to place controls over the Intelligence Community, (IC), Congress once again failed to perform oversight over the vast capabilities of these 17 or so agencies. Following 9-11 and the birth of the Patriot Act, coupled with Orwellian advances in technology, electronic and visual spying on US citizens and foreigners, the IC became the ultimate political weapon to be used against its own government. The IC learned quickly that by scaring citizens with threats of terrorism they could pressure congress to hand over more and more unfettered power to the IC. One of the most scary tools that came out of this overreach was the Foreign Intelligence Surveillance Act. This allows the executive branch to literally spy on US citizens and foreigners as long as they get the approval of the FISA courts. How hard is this to obtain? Between 1979 through 2015, only 12 of 38,169 spying requests were denied by the FISA courts. Remember, only the IC investigators/prosecutors are a party to the application. Their is no due process for the target! The 4th Amendment was suspended for this process!
- Lets Not Forget the Pentagon: I am extremely pro military and believe to my core that our service men and women are truly honorable and put country before themselves. But, I do not extend this same belief to the Generals and civilians who run the Pentagon and especially Generals who have retired. You have witnessed time and time again generals giving interviews, writing op-eds, or even testifying before biased Congressional committees condemning, criticizing, or betraying their Commander in Chief while they are in uniform, some not, over policy differences. Our founders specifically created a CIVILIAN led military with the President as its Commander-In-Chief in order to keep a check and balance on the most lethal military force on earth! While the Pentagon has not yet totally bought into a full membership in the deep state as has the State Department, the CIA, the DOJ, the FBI and the other alphabet IC agencies, they have proven to be less than loyal to their CIC and have overtly thwarted or watered down policy decisions that were not in their power to make. While the first amendment protects retired generals from voicing their opinions on current foreign policy decisions, they need to look themselves in the mirror and ask themselves whether they would, or could, have voiced those criticisms while on active-duty. If not, then they should keep quiet for the good of the country. If the US Military leadership teams up with the deep state regulatory, diplomatic, and IC oligarchy, the US Constitutional Republic is over, PERIOD.
- The Press Was the Last Straw: The main stream media has always had a “left” bent to their reporting. As we approached the new century, they had become a not so subtle Democrat Party advocate that has morphed into a unabashed left-wing advocacy that is joined at the hip with the left wing of the Democrat Party and global elitist. They provide cover, or create it, to the endless attacks against a sitting Republican President and even work with the Deep State actors to skew stories in favor of the Deep State and the Democrat Party to work to destroy anyone who challenges their agenda. With few exceptions today, we do not have a free press. We have a large population of the press who are merely Democrat leftist propaganda organizations that are joined at the hip wiht multi-national globalist organizations.
So, the Executive Branch bureaucracy has been allowed to grow almost unchecked to the point they function on their own and adhere to policies they think are best for America. This includes all facets of government including foreign policy, domestic welfare policy, immigration policy, certainly environmental policy, energy policy, fiscal policy, abortion policy, social engineering policy, education policy and certainly military engagement policy. You almost cannot fire them, remove them, or punish them for misconduct. They are protected by public sector unions and civil service laws and regulations that shield the deep state almost to the point of impunity.
As we stated before, the Democrats have learned that before one of their Presidents leave office, they “hire” all of their political appointments into career positions so it is difficult if not impossible for a Republican successor to replace these political appointed deep state employees! Republicans need to employ the same tactics or change the laws so it is easier to replace employees who hold disdain for the new incumbent.
The Deep State knows that every 4 or 8 years the will get another political hack to lead their agency that they can ignore and thwart any efforts to curtail their power or implement policies that they disagree with! They are in their jobs until they want to retire and are rewarded for their loyalty to the deep state, and not the current or even past administration. Something you should understand is that cabinet and other administrative heads that are appointed by the President, have few if any direct reports other than the person right under them such as the Deputy Attorney General. All of the department heads in the Department of Justice report to the Deputy and not the actual Attorney General. The Deputy is usually a “career deep state person” who understands the deep state rules and objectives.
2016, Turning Point,
Covert Deep State, Led By The IC,
Turns into an Overt Sedition Conspiracy Against a Sitting President
During the 2016 Trump Campaign, the media, the deep state, the Democrat Party and the Clinton campaign took off their masks and came out full on against the Trump Candidacy. They were not even sneaky about it! The DOJ/FBI initiated a “Counter Intelligence” investigation that bypasses the normal checks and balances and allows investigations, leaks and seditious activities to go on below the radar.
This effort was aided by the Democrat Party and the Clinton campaign who funded the creation of the Steele Dossier that really should be called the “Nellie Orr” dossier as she was the primary contributor to its creation. This coup even enlisted the help of foreign intelligence agencies from at least Australia, Italy, the UK and Italy. The entire Obama administration from the head of the DOJ, FBI, NSC, Ambassador to the UN, the Head of the CIA and other IC members flagrantly unmasked conversations by members of the Trump Team in total violation of the safeguards that are in place to protect such invasions of privacy by members of the administration and the deep state.
But, this Seditious Conspiracy continued virtually unchecked up through today and continues as it morphed into the current “Impeachment” investigations into President Trump!
This effort is the very definition of Deep State Sedition against the United States. Make no mistake, this is not against Donald J. Trump! It is against the United States of America as a Constitutional Republic. Donald J. Trump is merely the first officeholder to challenge the Deep State and the Leftist agenda head on and to challenge their very existence in our Republic!
Members of the State Department, the CIA, the NSC, the Military, and even members of the President’s staff continue to leak to their compliant and complicit media to create justifications as to why Trump should be thrown out of office. They even “attach” these “news” articles, created by their own leaks, as corroborating evidence to support a FISA Warrant application or renewal! This is a full on assault by the Deep State in all of its ugly glory.
But, what if the impeachment and removal fails and Donald Trump is re-elected for another 4 years? Trump’s investigations into the Deep State will continue and like an exorcized evil spirit the Deep State will fight back with all of their ugliness.
How Bad Could It Get?
We could go off into all kinds of conspiracy theories but let is suffice to say that the onslaught will continue as it did during the 2nd Reagan term. The left tried to use the Iran-Contra “scandal” to hamstring the 2nd Reagan term.
If the Republicans do not shoot themselves in the foot and take back the House and hold the Senate, the Left will have to use external pressure to try to stop Trump. The Deep State will have to use leaks, made up scandals, and international incidents to try to kill Trump’s support. Inside, agencies, including the Pentagon will continue to thwart the implementation of Trump’s agenda. He will probably win 80% of the battles which is actually good. You will probably see the White House staff reduced to a skeleton crew of loyalist.
If the Republicans do shoot themselves in the foot and fail to take back the House but hold the Senate, you will see a re-run of the current impeachment charade. Worse yet, Trump will not be able to move his agenda forward as Pelosi will continue to stalemate any meaningful Trump agenda efforts. The courts will continue to be deluged with leftist lawsuits to stop any executive actions by the President. Healthcare, immigration, tax cuts, military budget increases, and many other Trump cards will be hard fought at best. The country will suffer by the left does not care as long as they stop Trump from eroding their ill got gains even farther.
If the Republicans do shoot themselves in the foot and fail to take back the House and lose the Senate, Trump will be in for a constant barrage of impeachment inquiries and trials in the Senate. The leftist may not be able to remove him from office but their end game is to stop his agenda from moving forward. They will have to fight Trump’s prolific use of his Veto Powers and hopefully they will not be able to get RINOs to vote with them to override. They can wait 4 years to take back the Presidency as long as they stop Trump! What a way to run a car wash, let alone the largest and most powerful nation in the world.
Regardless of the scenario, the President will continue to go directly to the American people via social media and public appearances. He will use whatever tools he can to move his agenda forward and fight it out in court for almost every move he makes. The good news is that by then he will have appointed about 200 of the 875 Article III federal judges. He will also most likely appoint another Supreme Court Judge by the end of his 2nd term which will give him a leg up ultimately when battling the left in court.
18 U.S.C.A. § 2384, Seditious Conspiracy.
As I mentioned the crime of “Seditious Conspiracy” at the beginning of this article, I would like to take a moment to elaborate. First of all, the Supreme Court has ruled against most efforts to create laws against sedition. Why? Sedition is typically viewed as a free speech issue where the offending party attacks the current government over policy. Thus voicing opposition to policy is a constitutionally protected right. Some then conclude that Sedition is thus Constitutional…
But, would prior Supreme Court decisions apply when government officials, elected, appointed, and career, collude, not lobby against using their speech, to prohibit a political candidate from being elected; and worse, attempt to frame a sitting President in order to impeach him or her and “overthrow” that administration and thus the Government, by using existing executive branch employees, civilian and military, to accomplish that goal? In the Supreme Court case of Yates V the United States, the court ruled that citizens could advocate for the forceful overthrow of the US Government as long as long as these EFFORTS WERE PASSIVE AN NOT ACTED UPON. The current Deep State efforts are anything but passive.
One other wrinkle, the actual text of the Seditious Conspiracy statute:
“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.”
I highlighted the words “by force” as it may be construed as a “limiting” factor when considering this law in the context of the Deep State attempting to fraudulently removing a sitting President/Government. The Law Dictionary defines force as:
“Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word occurs in such connections as to show that unlawful or wrongful action is meant.”
I do believe that the Supreme Court may be faced with deciding whether the Trump Administration’s Justice Department can charge members of the Obama Administration and the Deep State with Seditious Conspiracy in attempting to remove President Trump from office. It may also apply to the Trump candidacy as well.
There is no doubt that members of the Obama Administration conspired and acted to stop the Trump candidacy, then to set up felonious charges to use to impeach the President. The use of a Constitutional process, Impeachment, does not excuse or justify the conspiracy. Sedition is the crime of revolting or inciting revolt against the government. Speech alone is not enough to charge sedition but when actions are taken, force, the term applies to the Statute.
If the DOJ does not charge and ultimately convict the perpetrators, no matter how high up this goes, then our Constitutional Republic will have been nullified. Article I and Article II of the US Constitution will have been replaced by a Deep State coup d’état.