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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumsemptywheel: Reuters Doesn't Mention Terrorism When Claiming DOJ Won't Charge Serious Offenses
Link to tweet
https://www.emptywheel.net/2021/08/20/reuters-doesnt-mention-terrorism-when-discussing-the-january-6-investigation/
*snip*
Not once does the story mention obstruction, which also carries a maximum sentence of 20 years. If you dont mention obstruction and your sources dont explain that obstruction will get you to precisely where youd get with a sedition charge, but with a lot more flexibility to distinguish between defendants and a far lower bar of proof (unless and until judges decide it has been misapplied) then your sources are not describing what is going on with the investigation.
Furthermore, Reuters purports to rule out more serious, politically-loaded charges, but it never mentions terrorism.
One reason it wouldnt, though, is because for domestic terrorists, you dont charge terrorism, you charge crimes of terrorism or you argue for an enhancement under U.S.S.G. §3A1.4 at sentencing. And that has and will continue to happen. For example, both the Oath Keepers and Proud Boys conspiracies include 18 USC 1361 charges (damage to a government building exceeding $1,000, a charge that is a bit of a stretch for the Oath Keepers) that constitutes a crime of terrorism, and the government has raised that and noted it is a crime of terrorism in a number of bail disputes. Effectively, DOJ has already called the leaders of the militia conspiracies terrorists. But Reuters doesnt think thats worth noting.
Similarly, for both the assault pleas DOJ has obtained thus far, the government has reserved the right to invoke a terrorism enhancement at sentencing. In the case of Scott Fairlamb, who also pled guilty to obstruction, which effectively amounts to pleading guilty to having a political purpose for his assault, I suspect such an enhancement is likely.
Somehow this entire story got written without mentioning what DOJ is using instead of seditious conspiracy: obstruction (which has been charged against over 200 defendants) and terrorism enhancements; civil disorder is likewise not mentioned, but has been charged against around 150 defendants. DOJ isnt using seditious conspiracy because it doesnt need it (again, unless and until the courts reject this use of obstruction).
*snip*
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emptywheel: Reuters Doesn't Mention Terrorism When Claiming DOJ Won't Charge Serious Offenses (Original Post)
Nevilledog
Aug 2021
OP
reality1
(123 posts)1. Reuters
is connected to TASS. no bueno
muriel_volestrangler
(101,322 posts)2. Huh?
Reuters is a 170-year old news agency, head office in London, now owned by a Canadian corporation. It's always been very much a commercially-oriented agency, with businesses as major customers.
https://en.wikipedia.org/wiki/Reuters
TASS is a Russian government news agency.