Since the Jan. 6 chaotic and criminal invasion of the halls of Congress in our nation's Capitol, the FBI has been diligently and properly investigating who was responsible for the criminal activity.
What bothers me is that other activity over the last couple years has denied other Americans' rights guaranteed to them by our U. S. Constitution's Bill of Rights, and the FBI and Department of Justice have turned a blind eye.
Where are the conspiracy prosecution of groups who have gone about in uniforms and masks on the public streets and highways, destroying, burning and looting businesses and shops and depriving the owners and leaseholders of those entities of their rights under the Fifth Amendment to own property?
Where are the conspiracy prosecutions against Silicon Valley billionaires and their minions who, under the guise of shutting down "unfactual" and/or "untruthful" speech, have taken it upon themselves on Twitter, Facebook and like sites, to police and censor the speech of their fellow Americans, and to deny them the right to exercise their First Amendment rights of free speech and free press on those alleged common carrier public forums?
On the FBI's website, the FBI states that it investigates violations of Title 18, U.S.C., Section 241 - Conspiracy Against Rights.
That statute provides:
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
"If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
"They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
In U.S. v. Guest, the U.S. Supreme Court held that a violation of 18 U.S.C. Section 241 requires proof of "specific intent" to deprive the victim of a constitutional right. But "specific intent" can be inferred from the surrounding circumstances.
A "conspiracy" is an agreement between two or more persona to do an illegal act. That conspiracy becomes criminal when any member of the group does an overt act in furtherance of the conspiracy. Given the agreement, the act of one becomes the act of all. And that agreement — like specific intent — can be proved by circumstantial evidence — circumstances tending to show there was an agreement.
Now consider the language of Section 241: "If two or more persons conspire to ... oppress, ... any person in any State ... in the free exercise or enjoyment of any right ... secured to him by the Constitution ... of the United States ...."
So when an order comes from on high at Twitter to block speech of an American who states an opinion that Covid-19 shut downs are "insane, unconstitutional and based on false science," and that that directive is executed by low-echelon employees, or by an algorithm created by them, why isn't this a Section 241 violation?
There is an "agreement" between the party who issues the order, and the lackeys who execute it, there is a specific intent to limit free speech rights guaranteed by the First Amendment, and there is an "overt act" in furtherance of the agreement/conspiracy. Result: an American citizen is denied his First Amendment rights to speak freely.
Now consider paragraph 2 of Section 24: "If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right ... so secured ...."
How can there be no conspiracy when a gang of thugs gets into "black uniforms," puts on matching masks, and takes to the streets after arranging for the delivery of rocks or incendiary materials to the location of the "protest," and when the weapons are used then by one or more of the similarly attired thugs to destroy property, commit arson, or loot businesses.
The jerks who broke into the Capitol, and wrecked it, richly deserve prosecution. But jerks who conspire to deprive ordinary Americans of their constitutional rights deserve the same attention from the FBI and Department of Justice. Or in America, does only Congress get protection?
First Published in the Moline Dispatch and Rock Island Argus on March 26, 2021
Copyright 2021
John Donald O'Shea
