This week, the Department of Justice (DOJ) filed charges of conspiracy to commit sedition against 11 members of the paramilitary group that calls itself the Oath Keepers. Given what we now know, it should be an open and shut case. The real question is: When will those who inspired and directed the insurrectionists of January 6, 2021, also be charged?
Lest you think that question is little more than partisan hyperbole, consider the following list of documented attempts by Donald J. Trump and his allies to subvert our democracy and to undermine our government:
1 – Prior to the election, Trump says it will be rigged if he doesn’t win while he and his allies deliberately try to rig the election themselves.
2 – GOP-controlled states attempt to limit or ban mail-in ballots despite the pandemic.
3 – Trump appoints Louis DeJoy to the position of Postmaster General, and DeJoy sets about creating mail delays in order to prevent many mail-in ballots from arriving on time.
4 – Trump calls for his armed supporters to go to the polls to “protect the sanctity of the election” with the intent of intimidating voters.
5 – Having encouraged his supporters to vote in person and knowing that those ballots will be counted more quickly than mail-in ballots, Trump states that whoever is ahead in the ballot counting at midnight should be declared the winner.
6 – As heavily populated precincts continue to count ballots into the next day, Trump tries to stop the count.
7 – Armed Trump supporters surround the Maricopa County Arizona counting center and threaten election workers.
8 – Trump is furious when Biden is legitimately declared the winner and claims the election was stolen.
9 – Trump calls state election officials, threatens them, and demands they find enough votes for him to win. One of those officials, Georgia Secretary of State Brad Raffensperger, a Republican, has the foresight to make an audio recording of Trump’s call.
10 – Trump and his allies file more than 40 lawsuits claiming, among other things, that the electronic voting machines were corrupted. All of the lawsuits fail.
11 – Trump, his legal team, and his supporters claim that Dominion voting machines deleted 2.7 million votes, and that China had dumped millions of paper ballots into ballot boxes in place of Trump ballots that were shredded and fed to chickens.
12 – Trump refuses to permit his administration officials to meet with Biden’s transition team.
13 – Trump pressures his Attorney General William Barr to declare the election fraudulent, and to call for a new election.
14 – When Barr insists there was no widespread fraud, Trump attempts to name his attorney Sydney Powell as special prosecutor to declare the election was fraudulent and to use martial law to keep Trump in power.
15 – Conservative attorney, John Eastman, creates a plan that calls for Trump’s allies in Congress to challenge the electors and for Pence to invoke the 12th Amendment by declaring the election “contested” and calling for a House vote by state delegations. Since Republicans controlled more states than Democrats, the House vote would likely give Trump the presidency.
16 – To continue the fight to overturn the election results, Trump’s associates create a “War Room” in the Willard Hotel with Oath Keepers acting as bodyguards for Roger Stone and other Trump associates.
17 – Trump continues to put enormous pressure on Pence to stop the certification of election results. But, after discussing the matter with former Vice-President Dan Quayle, Pence responds that doing so would be unconstitutional.
18 – Trump, his associates and their propaganda networks continue to claim the election was stolen, inciting Trump supporters to act.
19 – When Attorney General Barr resigns, Trump threatens to replace acting Attorney General Jeffrey Rosen unless he declares the election fraudulent. And Jeffrey Clark, a Trump-appointed environment law chief at the DOJ, tries to coerce Rosen into signing a letter declaring the election results invalid.
20 – When “Stop the Steal” organizers receive permits for the January 5 and 6 rallies, the Trump administration and Capitol Police decide to limit the number and duties of National Guard members. They seem to be worried only about the safety of Trump protestors.
21 – GOP legislators in seven states send forged documents to the National Archives and the President of the Senate (VP Mike Pence) with phony lists of Trump electors.
22 – The Oath Keepers, Proud Boys and other rightwing Trump supporters call for everyone to go to Washington on January 6. Trump advisor, Steve Bannon, is reported to have said, “We’re going to bury Biden on January 6th, (expletive) bury him.”
23 – Days before January 6, it appears that some Trump supporters in Congress gave tours of the Capitol building for reconnaissance. Indeed, it appeared that some insurrectionists had maps of the building.
24 – In advance of January 6, the Oath Keepers begin to execute a plan to invade the Capitol. They store weapons in Arlington, VA hotels and establish a Quick Reaction Force to deliver the weapons to Capitol grounds if needed.
25 – In the early morning hours of January 6, pipe bombs are left in front of the RNC and DNC buildings as an apparent diversionary tactic.
26 – On January 6, as Trump and his supporters are riling up the “Stop the Steal” crowd, Oath Keepers and others in tactical gear create diversions at the Washington Monument and the Lincoln Memorial which draw a police response.
27 – As Trump’s GOP congressmen are objecting to the electoral count certification, Trump calls for the crowd to march up Pennsylvania Avenue to the Capitol and “fight like hell for their country.” He says he will go with them. Instead, he goes to watch the events unfold on TV in the White House dining room.
28 – Trump watches as the insurrectionists break into the Capitol and stop the certification of the electoral vote. The insurrectionists erect gallows and search the building for Pence, Pelosi, and others.
29 – Hours into the assault on the Capitol, Trump’s children and others reportedly beg him to call it off. He continues to watch the insurrection on TV.
30 – It takes nearly 2 hours for the acting Secretary of Defense and Trump officials to approve calling out the National Guard in support of the Capitol police. Only then does Trump record a video message to his supporters to go home, saying “We love you.”
31 – After the Capitol is finally cleared, Congress returns to finish the job of certifying Biden as President of the United States of America. In the hallways and Rotunda, they walk past broken doors, glass, and statues that have been smeared with feces and blood.
32 – Trump, his supporters, and his propaganda networks decry news coverage of the events saying that the insurrectionists were no different than typical tourists.
33 – Trump tries to block or delay the release of his administration’s files leading up to and following the insurrection.
34 – Officials from the Trump administration and his allies refuse to respond to requests and subpoenas from the House January 6 Committee.
35 – Despite all evidence to the contrary, Trump and his allies continue to claim the election was stolen.
From all of this, it should be easy to reach a conclusion that Donald J. Trump and his allies inspired and incited an insurrection designed to prevent the winner of the 2020 presidential election from taking office then tried to cover up their actions. At very least, they and their supporters conspired to obstruct a legitimate government function. That charge alone can result in a sentence of 30 days to two years imprisonment. But if they are found guilty of willfully trying to overthrow our government by force (And how else could you describe an armed insurrection to prevent a duly elected president from taking office?), the perpetrators can be fined and sentenced to 20 years in prison.
With either charge, it should be simple for an independent jury of their peers to reach a guilty verdict. After all, they didn’t commit those crimes in secret. They did it openly and in full view of the public.