The evidence is mounting that what we witnessed yesterday was an attempted coup (related terms are “insurrection” and “sedition”). 1/10

But it is important to note that the bad actors involved in the events can be sent to jail (for up to twenty years) for something that falls short of an attempted coup and is easier to prove in court: obstruction of justice. 2/10
The relevant federal statute is 18 U.S.C. § 1512--a statute, you might recall, that figures prominently in the Mueller Report. 3/10
Bill Barr, who wanted to construe the statute narrowly, contested Mueller’s interpretation of the statute. There is a lengthy reply to Barr’s construction (which I think might have been written by Michael Dreeben) in the Report. 4/10
The Report establishes conclusively that Barr’s interpretation violates every known principle of statutory construction, and it is fun to read the Report and see Barr get *destroyed* on this point. 5/10
That is relevant and important here because under the terms of the statute (construed as it must be), the plotters and actors in the assault on the Capitol yesterday committed OBSTRUCTION OF JUSTICE, 6/10
because it is abundantly clear that the purpose of the assault was to disrupt, delay, and otherwise prevent the certification of the Electoral College ballots by Congress. Anyone intending to accomplish that can be charged and convicted for up to 20 years in prison. 7/10
Prosecutors shouldn’t have any difficulty showing that Giuliani (probably with the full awareness of Trump, which would make him an accessory to the crime) and bad actors in the Capitol Police and House “Freedom” Caucus are legally liable under the OOJ statute. 8/10
Here is the statute in relevant part: 9/10
Immediately prosecute, impeach, and remove under 18 U.S.C. § 1512, where the violation is easier to prove. Prosecuting all the plotters and actors for an attempted coup is also essential, but it can come later. 10/10

More from Thomas Wood 🌊

It was a foregone conclusion that Trump would lose the TX case, but why did he say “This is the big one?” 1/9


Because the TX case rested on the proposition that a national election can be nullified and “overturned” (a term Trump actually used in a tweet) on the grounds that it does not satisfy conditions determined by the incumbent president 2/9

and the states governed by that president’s political party--
(e..g., no votes by voters receiving mail-in ballots who do not request those ballots shall be deemed legitimate.) 3/9

This litigation was intended to nullify all the votes in all 50 states, and would have called for a new election. It challenged election procedures, not just election results. And it did not require any proof of fraud or undercounts or overcounts. 4/9

In other words, no national election can be legitimate that fails to reelect the incumbent president--in this case of course, Donald J. Trump, the Supreme Leader of the *real* America. 5/9

More from For later read

The common understanding of propaganda is that it is intended to brainwash the masses. Supposedly, people get exposed to the same message repeatedly and over time come to believe in whatever nonsense authoritarians want them to believe /1

And yet authoritarians often broadcast silly, unpersuasive propaganda.

Political scientist Haifeng Huang writes that the purpose of propaganda is not to brainwash people, but to instill fear in them /2


When people are bombarded with propaganda everywhere they look, they are reminded of the strength of the regime.

The vast amount of resources authoritarians spend to display their message in every corner of the public square is a costly demonstration of their power /3

In fact, the overt silliness of authoritarian propaganda is part of the point. Propaganda is designed to be silly so that people can instantly recognize it when they see it


Propaganda is intended to instill fear in people, not brainwash them.

The message is: You might not believe in pro-regime values or attitudes. But we will make sure you are too frightened to do anything about it.

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