Less than a week after President Donald Trump pardoned his former National Security Adviser Michael Flynn, a retired Army lieutenant general, several legal experts have accused Flynn of sedition for goading Trump into declaring martial law in order to overturn the results of the 2020 election.
Merriam-Webster defines sedition as an “incitement of resistance to or insurrection against lawful authority.”
On Tuesday, Flynn and Lin Wood, a Trump-supporting lawyer based out of Atlanta, Georgia, retweeted a “We the People” ad which states:
Culminating in this corrupt and provably fraudulent current election planned to illegally and unconstitutionally deny the American people their most sacred honor, right and privilege—which is the right to elect their Representatives!. There is no doubt that this attempted stealing of these elections again ‘is a case of rebellion…in fact, a clear, flagrant, and gigantic case of rebellion’ that requires exercising extraordinary authority to preserve our Union.
At least half of all Americans do not and will not accept this fraudulent election because of the eyewitness testimony, and the material, statistical and mathematical evidence of OVERWHELMING fraud. The other half will not accept the outcome if the courts see the evidence of fraud and rightfully overturn the election! The Left has literally been planning riots just for that occasion for months. We the People must not and WILL NOT cede our exclusive Constitutional right to elect our Representatives to judges, lawyers, courts, Governors, Secretary’s of State, Congress, corrupt election officials and local politicians, the corrupt media – or Leftist threats of violence! It is OUR EXCLUSIVE RIGHT to decide our Representatives not theirs! Therefore, We the People MUST demand a NEW and fair national vote, a vote that all Americans can trust and live by regardless of the winner! Without a fair vote, we fear, with good reason, the threat of a shooting civil war is imminent. Gun sales are at an all time high and 40% are first time gun owners looking to defend themselves, their property, and their rights. Therefore, Mr. President you must act now before there is no peaceful way left to preserve our Union.
When the legislators, courts and/or Congress fail to do their duty under the 12th Amendment, you must be ready Mr. President to immediately declare a limited form of Martial Law, and temporarily suspend the Constitution and civilian control of these federal elections, for the sole purpose of having the military oversee a national re-vote. A vote that assures a fair election in every jurisdiction and reflects the true will of the people. Federal candidates only. Paper ballots. No computers. Hand-counted with both parties watching every vote. Only registered voters. Photo ID to prove residence. Conducted safely with everyone wearing masks and six feet apart, just like we did in Ohio. Only then can the winning candidate be accepted as legitimate by a true majority of We the People who must give our consent to be justly governed! Unfortunately we are at a point where we can only trust our military to do this because our corrupt political class and courts have proven their inability to act fairly and within the law.
You must also act, like Lincoln did, to silence the destructive media’s one-sided propaganda designed and proven to influence the election outcome, and end the unlawful censorship of Big Tech, to restore the confidence of the American People in our electoral process or we cannot continue as a nation. Failure to do so could result in massive violence and destruction on a level not seen since the Civil War. Limited Martial Law is clearly a better option than Civil War!
Many will object to these actions, as they did in Lincoln’s day, but we assure you that We the People understand that no less action will suffice to prevent the loss of our Constitutional right to vote and preserve our Republic. It is time to honor your oath, Mr. President. It is time for you to boldly act to save our nation as Lincoln did. We the People will support a national re-vote. We will also have no other choice but to take matters into our own hands, and defend our rights on our own, if you do not act within your powers to defend us.
There is no evidence of widespread voter fraud, and idea that Trump is a modern-day Abraham Lincoln is specious, to say the least.
Nevertheless, Flynn and Wood are gung-ho for a Trump coup.
“Freedom never kneels except for God,” Flynn wrote.
Wood took it further, suggesting that a Civil War in the United States is imminent.
“Good morning. Our country is headed to civil war. A war created by 3rd party bad actors for their benefit – not for We The People. Communist China is leading the nefarious efforts to take away our freedom. @realDonaldTrump should declare martial law,” tweeted Wood.
On Wednesday morning, four prominent legal minds responded, saying that former military officers such as Flynn who are openly threatening armed insurrection because they dislike the results of an election is the truly seditious behavior.
“The Uniform Code of Military Justice defines as ‘sedition’ one who, ‘with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or *other disturbance* against that authority,'” wrote Steve Vladeck, a law professor at the University of Texas.
“To be sure, there is an open question as to whether *retired* servicemembers like @genflynn can constitutionally remain subject to the UCMJ (and my own view is that the answer should be no). But the government’s consistent position has been—and remains—that the answer is ‘yes,'” he added.
To be sure, there is an open question as to whether *retired* servicemembers like @genflynn can constitutionally remain subject to the UCMJ (and my own view is that the answer should be no).
But the government’s consistent position has been—and remains—that the answer is “yes.”
— Steve Vladeck (@steve_vladeck) December 2, 2020
Former US Attorney Harry Litman, a law professor at the University of California Los Angeles, wrote that “no sane cogent person” could buy into what “We the People” is peddling.
“This simply was not written by a sane cogent person,” Litman said. “Imagine if he had remained as national security adviser. And now compare him in judgment and experience to @jakesullivann,” President-Elect Joe Biden’s choice for national security adviser. “Foreign countries’, especially allies’, long nightmare also ending,” Litman said.
This simply was not written by a sane cogent person. Imagine if he had remained as national security adviser. And now compare him in judgment and experience to @jakejsullivan . Foreign countries’, especially allies’, long nightmare also ending. https://t.co/Jhm1pYwE6V
— Harry Litman (@harrylitman) December 2, 2020
The Popehat Report, a newsletter published by former US Attorney Kenneth White, wrote that “Flynn and Wood, by endorsing this, are calling for mass arrests of political enemies and military force used to silence dissent. It’s breathtakingly morally treasonous to American values.”
Flynn and Wood, by endorsing this, are calling for mass arrests of political enemies and military force used to silence dissent. It’s breathtakingly morally treasonous to American values. pic.twitter.com/A1VwjlY2N0
— TryingToHelpHat (@Popehat) December 2, 2020
Reuters lawyer and columnist Brad Heath pointed out that Flynn is far from the only person within Trump’s ranks calling for a suspension of democracy.
“Big pro-authoritarian energy in Trumpland today: The president’s (recently pardoned) former national security adviser, Mike Flynn, shared a message encouraging President Trump to ‘temporarily suspend the Constitution,; impose martial law and ‘silence the destructive media,'” Heath wrote.
Big pro-authoritarian energy in Trumpland today:
The president's (recently pardoned) former national security adviser, Mike Flynn, shared a message encouraging President Trump to "temporarily suspend the Constitution," impose martial law and "silence the destructive media." pic.twitter.com/cQh0wl7oWw
— Brad Heath (@bradheath) December 2, 2020
“The statement cheers Lincoln for trying to arrest a Supreme Court justice who disagreed with him (which many historians say never happened). And it says violence by Antifa and BLM – including haranguing people as they eat – means ‘we are literally under attack from within,'” Heath continued. “There’s lots of this stuff — calls for martial law, etc. — floating around on the very-MAGA end of the internet. This one seems notable because it’s being endorsed by a former general who once held one of the top national security jobs in President Trump’s administration.”
There's lots of this stuff — calls for martial law, etc. — floating around on the very-MAGA end of the internet. This one seems notable because it's being endorsed by a former general who once held one of the top national security jobs in President Trump's administration.
— Brad Heath (@bradheath) December 2, 2020
But above all other things, the cux of Trump’s crusade against the Constitution is, of course, money.
You can get Mike Flynn merch now. pic.twitter.com/ZcM19wLFSo
— Brad Heath (@bradheath) December 2, 2020
Forty-nine days until the inauguration.
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Brandon is a political writer for the Hill Reporter specializing in current events, breaking news, and scientific discovery. Brandon holds a Bachelor of Music degree from Indiana University. He lives in New York City.