https://www.nysun.com/editorials/treasons-sibling/91966/
If we were President Trump’s lawyers — a stretch to be sure — we would be reading up on a Supreme Court case called Ex Parte Bollman. It centers on a conspiracy of treason in respect of Aaron Burr. A United States magistrate will today weigh whether to deny bail to the leader of the Oath Keepers, Elmer Stewart Rhodes III, on a charge — seditious conspiracy — that Harvard’s Laurence Tribe calls “treason’s sibling.”
Which is where Bollman comes in. It was the first treason ruling by the Supreme Court. Sedition is a lesser crime than treason, which the Constitution confines to levying war against the United States or adhering to their enemies, giving them aid and comfort. Yet if Mr. Rhodes et al are convicted, they could spend decades in prison. And so, Bollman warns, could Mr. Trump.
Prosecutors’ intentions to ensnare Mr. Trump in seditious conspiracy charges emerged in court filings for a defendant named Brandon Straka. In Justice Department interviews with Mr. Straka, his lawyer says, “the government was focused on establishing an organized conspiracy” between Mr. Straka, “President Donald J. Trump, and allies of the former president to disrupt the joint session of Congress on Jan. 6.”
This suggests the intention of prosecutors to “reach beyond those who took part in the melee on Jan. 6 and seek to build a case against Mr. Trump,” along with “his allies who helped inspire the violence that day,” the New York Times last week observed. If so, prosecutorial efforts to prove that Mr. Rhodes committed seditious conspiracy will serve as a preview of coming attractions for Mr. Trump.