As more information is declassified and published about the actors and their intentions in the #russiacollusion conspiracy, I find myself fighting deep-seated disappointment on several fronts. I am disheartened to learn that after 244 years of peaceful transitions from one president to the next, Obama himself was involved in trying to kneecap the newly-elected president Donald Trump. That’s a historical first and a damning indictment for which he will be remembered and judged.
Just think of what it says about the man and his team of advisors. They thought so little of this country and our noble traditions that they saw their appointed (but temporary) power not as a sacred trust to responsibly use for the good of the nation, but as a weapon to advance their personal agenda. That can never be undone and it cannot be overstated.
I am also deeply disillusioned that the investigation is unlikely to result in a criminal investigation of any of the senior actors involved in carrying out the political hit jobs on LTG Michael Flynn and president Trump. Attorney General Barr said, “Now, as to President Obama and Vice President Biden, whatever their level of involvement, based on the information I have today, I don’t expect Mr. Durham’s work will lead to a criminal investigation of either man. Our concern over potential criminality is focused on others.”
Barr may be refusing to open criminal investigations into candidates for public office (read: Joe Biden and, by association, Obama) because of “a Justice Department guideline against bringing charges close to Election Day.”
Lou Dobbs and Tom Fitton (below) commiserate together that Barr is making a huge mistake in not pursuing criminal charges. But Andrew McCarthy sees Barr as being prudent, writing, “It is simply a fact that there is a salient distinction between abuses of power and penal offenses.”
Not being even an armchair lawyer, it’s not my place to argue in favor of one view as correct over the other. All I know is that there was a conspiracy, there was an abuse of power, the previous president knew it and both he and senior members of his administration were involved in it.
This all got me thinking about what legal term is appropriate for what the Obama administration did. I’ve used the terms “traitors” and “treason” when writing about this before. But when I look up “Treason,” I find that 18 U.S. Code § 2381.Treason defines it thus:
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
So it’s likely not treason. How about sedition, another word I’ve used? With my emphasis, U.S. law says:
18 U.S. Code § 2384.Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
The key phrase throughout this law is “by force.” Did Obama, Biden, Comey, Brennan, Clapper, Rice, Clinton and Steele use force in their conspiracy “to overthrow, put down, or to destroy” the government of the United States?
It all depends on the meaning of the word “force.” If by force one means “violent coercion,” then no. It wasn’t a sudden violent military or paramilitary operation.
On the other hand, if it means, “the use of power to impose one’s will on another,” I’d say we’re getting closer.
Even though Obama and his merry band of co-conspirators probably can’t be charged with treason or sedition, I do think there’s a term for what they attempted: a soft coup.
A coup d’état is a violent overthrow of a current government by a small group of malcontents. A soft or “silent” coup is a quiet, stealthy overthrow of the current government by a small group who are already part of the group in power.
In this case members of the executive branch, along with our national security services—including the CIA and the FBI—were weaponized to try and oust a newly-elected leader. If trying to unseat a current president happened in any other country, we’d call that an attempted coup.
Also, in any other country the failed conspirators would likely be arrested, tried and executed. Here in the U.S., we’re faced with an unprecedented political event that broke historic norms and (probably) many laws. More disturbing, it seems like some of the key actors may just walk away—just like Hillary Clinton did over breaking the law with her personal server and email to perform her job as Secretary of State.
If Obama and Co. do escape with zero consequences for their actions, I fear for the long-term health of our country. Many of us will shake our heads in disbelief that elected leaders at the highest levels of government—one occupying the office once held by men like George Washington, John Adams, Thomas Jefferson, Andrew Jackson and Abraham Lincoln—profaned that legacy without penalty. We’re already a deeply divided country, and such an outcome will only drive us further apart.