In his book A Promised Land, President Obama describes his lament about the absence of criminal laws designed to prosecute the individual bankers responsible for the financial crisis. His inability to do so in no small part fueled the public anger and lack of passion by progressives that resulted in the Tea Party sweep in 2010. When it comes to the insurrection against the Capitol on January 6, the current frustration is that it is only the Visigoths involved who will endure prosecutions (and generally on the terms of white privilege); the bigger fish, and indeed Trump himself, will escape repercussions.
One step in the right direction to demonstrate our justice system applies to all would be to apply anti-terrorism statutes to those who funded the “Stop the Steal” rally: Alex Jones ($50,000) and Julie Jenkins Fancelli who contributed $300,000. The means to do so is 18 USC 2339A — Providing material support to terrorists.
The relevant text of the material support statute says:
Whoever provides
material support or resources or conceals or disguises the nature, location, source, or ownership of
material support or resources knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 229,
351, 831, 842(m) or (n),
844(f) or (i), 930(c), 956, 1091,
1114, 1116, 1203,
1361, 1362, 1363, 1366,
1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, 2340A, or 2442 of this title, section 236 of the
Atomic Energy Act of 1954..., section 46502 or 60123(b) of title 49, or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and,
if the death of any person results, shall be imprisoned for any term of years or for life. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.
(b) Definitions.—As used in this section—
(1)
the term “material support or resources” means any property, tangible or intangible, or service, including
currency or monetary instruments or financial securities, financial services, lodging,
training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
(bold mine; linked statutes are relevant and discussed here)
So IAAL who did some pro bono work pertaining to the terrorism statutes in immigration cases. Let’s take a look at the relevant components. The first is “knowing or intending.” This is the scienter or mens rea component—the mental element of criminal intent. All that must be proved is that Jones and Fancell knew that the Save the Steal rally would carry out any of the offenses linked above. One by one, they are:
18 USC 351: Attempted murder or kidnapping of a Member of Congress. Subsection (d) applies this to conspiracy. “Bullet in the brain” of Speaker Pelosi, anyone?
18 USC 244(f): Attempting to damage government property with explosives. Pipe bombs found among the insurrectionists.
18 USC 1114: Homicide or attempted homicide of officers and employees of the United States. The murder of a Capitol policeman satisfies this requirement.
18 USC 1204: Attempt or conspiracy for hostage taking seeking to compel action by the US government. The insurrection itself satisfies this underlying charge.
18 USC 1361: Damage to government property. We’re still cleaning it up.
18 USC 1751: Attempt or conspiracy to assassinate the Vice President.
To those seditionists—Cruz, Rubio, Hawley, Paul, et al—saying to “move on,” this is for you. In fact, let’s not limit application of the material support statute to Jones and Fancelli. The acting DoD secretary, who hamstrung the National Guard’s response—he gave material support to the domestic terrorists. Greene and Boebert—providing maps, info, etc—they gave material support to the terrorists—and are perhaps even easier to convict because they did so while the insurrection was going on. Feel free to add your own thoughts in the comments.
Publix—I’ll be happy to shop in your stores again when your favorite daughter goes to Federal prison for a long, long time.