Sunday, January 3, 2016
You Can Prosecute Animal Rights Activists But Not a Right-Wing Militia for "Terrorism" - Opinio Juris
These flag wavers by some convoluted logic have seized a federal facility - an act of sedition. But if you asked they would assure you that they are strict constitutionalists. This is a disorder that infects white men almost exclusively. - gwc
You Can Prosecute Animal Rights Activists But Not a Right-Wing Militia for "Terrorism" - Opinio Juris
by Kevin Jon Heller
There is little question that the militia’s actions qualify as seditious conspiracy. 18 USC 2384specifically criminalizes “two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspir[ing]… to seize, take, or possess any property of the United States contrary to the authority thereof.” Seditious conspiracy is a very serious crime, one that carries a maximum sentence of 20 years imprisonment.
But what about domestic terrorism? Could the members of the militia be prosecuted as domestic terrorists once the siege is over?It defies logic that there is a substantive federal terrorism offence covering non-violent activists who open mink cages but not one covering a right-wing militia that forcibly seizes a federal building, demands the release of prisoners, and threatens to kill anyone who tries to intervene. But there you have it....
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