When the FBI Comes Calling…®

When the FBI Comes Calling…^®

You may be charged with:

Subversion
There exist numerous forms of subversive activities present within the federal criminal code, though the six primary statutes include: (1) Advocating the Overthrow of the Government, (2) Seditious Conspiracy, (3) Inciting Civil Disorder, and (4) Rebellion and Insurrection, (5) Coercion of Political Activity, and (6) Recruiting for Service Against the United States.

Advocating the Overthrow of the Government - Smith Act - and other Seditious Conspiracy (18 U.S.C. §§ 2384-2385)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant advocated, aided in, or otherwise incites the desire to overthrow the federal government, or of any state, territory, district or possession thereof, by force;
2. That the defendant acted knowingly and willfully, which requires him to have clear and specific intent to commit or advocate the commission of an overt act in furtherance of the scheme.

So how have the courts interpreted these statutes?

A. The statutes do not prohibit one from teaching or advocating the forcible overthrow of the government in abstract principle, in so far as such advocacy or teaching is not tied to malicious intent. Yates et al. v. United States, 354 U.S. 298 (1957).
B. Though it has been disputed in the courts, it is most widely held that knowingly and willfully obtaining membership in an organization which actively violates these statutes is to be considered criminal violation itself. Scales v. United States, 367 U.S. 203 (1961).
C. Law enforcement is not required to release records relating to an investigation of any violation of these statutes via the Freedom of Information Act (FOIA). Lamont v. Department of Justice, 475 F. Supp. 761 (S.D.N.Y. 1979).

Potential Punishment:
One may be convicted of a felony punishable by fine, up to 20 years imprisonment, and revocation of the right to work for the federal government.

Inciting Civil Disorder (18 U.S.C. § 231)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant taught or demonstrated the use of any firearm, explosive, or incendiary device capable of causing injury or death or any person; or
2. That the defendant transported, or assisted in the transport, any such weapon; or
3. That the defendant committed or attempted to commit any act to interfere with any fireman or law enforcement officer lawfully acting in his official capacities incident to and during a state of a civil disorder;
4. That the defendant acted with the belief that such actions might be used in furtherance of any civil disorder;
5. That the act of civil disorder engaged in or furthered by the defendant was aimed at obstructing the functions of the federal government or interstate commerce.

So how have the courts interpreted this statute?

A. An African American militant group which trained its members in explosives and incendiary devices, with the knowledge that they were to stand ready to strike transportation, communication, or law enforcement facilities at will, violated the statute, though there existed no clear and specific knowledge of any individual future event. United States v. Featherston , 461 F.2d 1119 (5th Cir. 1972).
B. When an individual is impeding the functions of legally protected persons (law enforcement, emergency response teams, etc.), he need not know that they are legally protected persons acting in the official positions to have violated the statute. United States v. Mechanic, 454 F.2d 849 (8th Cir. 1971).
C. A defendant who establishes bunkers, roadblocks, trenches, and the like, teaming with armed personnel in preparation for the inciting or assisting in civil disorder, has violated the statute, because the statute does not require actual interference, only the requisite intent.

Potential Punishment:
Anyone convicted under this statute may be liable for fine and imprisoned for up to 5 years.

Rebellion and Insurrection (18 U.S.C. § 2383)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant, or provided material support for one who, incited, assisted, or engaged in any rebellion or insurrection against the federal government or its laws;
2. That the defendant act knowingly and willingly.

So how have the courts interpreted this statute?

A. Sending off a ship from an American port with the intent of taking cargo to run a blockade imposed by the government amounted to material support for rebellion, and thus would qualify for prosecution under this statute. 10 Op. Atty. Gen. 513 (U.S. AG, 1863).
B. An acquittal before a court martial for providing intelligence information to a known enemy, in violation of the Articles of War, in no way bars prosecution in a civilian court for providing material support to a rebellion. United States v. Cashiel 25 Fed. Cas. 318, No. 14,744 (1863).

Potential Punishment:
Anyone convicted under this statute may be liable for fine and imprisoned for up to 10 years, and shall be banned from employment by the federal government.

Coercion of Political Activity (18 U.S.C. § 610)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant did or attempted to intimidate, threaten, or coerce any employee of the federal government in order for them to engage in specified political activity;
2. That the defendant acted knowingly and willingly.

Potential Punishment:
Anyone convicted under this statute may be liable for fine and imprisoned for up to 3 years.

Recruiting for Service Against the United States (18 U.S.C. § 2389)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant recruited soldiers or sailors in any territory under the control of the federal government to engage in armed hostility against the United States; or
2. That the defendant opened a recruiting station for the enlistment of such soldiers to survive in any capacity to rise in armed hostility against the United States;
3. That the defendant acted knowingly and willingly.

Potential Punishment:
One may be convicted of a felony punishable by fine, and up to 5 years imprisonment.

When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges under other federal statutes, like Terrorism, Treason, NBC Weapons, or Subversion, and is likely to couple those charges with lesser included offenses such as False Statements or Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.