As an advocate and journalist for the January 6ers and other politically persecuted Americans, I find myself learning about our founders and our government with every patriot I meet or interview. I sat down recently with David Moerschel and received an amazing history lesson I never got in school. He asked me to share how history truly repeats itself and provides the answers.
The accusation of Sedition against the Oath Keepers and the Proud Boys, from the first, was seen as a stretch of the law. Immediately after the charges were filed, people began noting that “The First Amendment also may pose a significant hurdle for prosecutors trying to prove seditious conspiracy.” (The Conversation, Jan 14, 2022)
President Trump commuted the sentences of those who went to trial for Sedition. (He pardoned those who pleaded guilty to Sedition.) He promised to look into these commuted cases more closely.
As the Oath Keeper and Proud Boys trials unfolded, it became clear that there was no evidence of Sedition. Historically, Sedition has been weaponized against political opponents for over 300 years.
Sedition Laws Weaponized Against Oath Keepers and Proud Boys
David Moerschel was an Oath Keeper convicted of sedition. He lost a good job in the medical field. He was in custody for 2 years. He has firsthand knowledge of how Sedition was weaponized against him.
Help David fight for this pardon and get on his feet again. Donate HERE (www.givesendgo.com/davidlegalfund)
David and I sat down together, and he explained how going back over 300 years, Benjamin Franklin warned about how important free speech was to liberty. In the next paragraph, Franklin warns of how tyrannical leaders use the accusation of sedition to stifle free speech.
John Adams Indicted Many Opponents of Sedition for Speaking Out
John Adams was one such tyrannical leader. In spite of Franklin’s warnings, Adams passed the Sedition Act of 1798. Immediately after passing the law, he indicted Benjamin Franklin Bache, Benjamin Franklin’s grandson, on Sedition. This was only the beginning of the many people Adams would arrest and imprison for sedition. What was their crime? They simply spoke out against Adams.
Elements of Sedition Not Proved in Oath Keeper Trial
David Moerschel broke down the Oath Keeper trial for me. He showed how, the government’s own witnesses proved there was no Sedition. Watch the full video below!
There are two elements that are required to prove Sedition. Number one: there must be conspiracy or agreement to commit some crime. The government’s own witnesses denied that the Oath Keepers had a plan. (See Trial 2 Transcript, pgs 1666, 3887, 3921, 3922.) Number two: there must be some use of force. It’s on video. They simply never used force. It is almost comical when you look at the actual trial.
I had to include an excerpt from the trial showing there was no use of force, because it is so funny. Here is a defense attorney cross-examining an Oath Keeper that took a plea deal and testified on behalf of the Government:
Q: So, this document that you had to sign as part of your plea agreement says you, in fact, used force, right?
A: Yeah.
Q: But as you sit here today, you didn’t use any force, did you?
A: Well, I was saying I didn’t use force against any specific individuals.
Q: Well, in what way did you use force?
A: Well, my presence being in there was hindering —
Q: Standing still is the use of force? (Trial 2 Transcript, pg 3895)
The Prosecution’s idea of using force to overthrow the Government is one’s mere presence in a building during a protest. Let that sink in. If it were not so serious, it would be laughable! So that anyone who attends a protest or rally to exercise their First Amendment rights could be indicted on Sedition – for your mere presence. This kind of abuse is nothing new, as I noted in the story of John Adams and the Sedition Trials.
Oath Keeper’s Fundamental Crime? Hyperbolic Speech
So, if the Oath Keepers had no plan, and if there was no force, then what was the fundamental crime? David argues that the politically charged, hyperbolic, speech of the group was the actual crime. The whole country was ablaze with politically charged speech after the 2020 election. Except, the Constitution protects the freedom of speech Even the Associated Press admitted, “anti-government sentiment or general calls to “action” against purported “tyrants” – or statements of that nature – don’t rise to the level of a seditious conspiracy.”
To prove that the accusation of Sedition for the Oath Keepers (and by extension the Proud Boys too) was an attack on Free Speech, look at how the Government treated the Oath Keepers.
At every turn, the government tried to stop them from exercising free speech. They put draconian restrictions on them:
1. Pretrial: David was not allowed to have computers or internet in the house. Even his children’s tablet was taken away. Only his wife was allowed to have a smart phone. David had to have a flip phone.
2. In Prison: All David’s phone calls and emails were monitored. That is not normal. He was under extra scrutiny in prison.
3. At the halfway house: David was on social medial restriction. His phone was regularly searched.
4. If he was put on probation: David would have been subjected to computer and network monitoring, social media and email restrictions.
5. Even now that he was commuted, he is experiencing free speech infringements. For the third time, X/Twitter suspended his accounts. X/Twitter also suspended Stewart Rhodes and Joseph Biggs, to name a few.
Truly, the accusation of Sedition for the Oath Keepers (and Proud Boys) centered on an attack on free speech.
President Trump Can Be Like Thomas Jefferson.
Thomas Jefferson was a champion for Free Speech and for those targeted by the tyrant John Adams. Thomas Jefferson pardoned all those accused of Sedition by John Adams.
Thomas Jefferson wrote, “I discharge [by Pardon or dropping the charges] every person under punishment or prosecution under the Sedition Law, because I considered, and now consider, that law to be a nullity as absolute and palpable as if Congress had ordered us to fall down and worship a golden image.” Letter to Abigail Adams, 22 July 1804 http://libertytree.ca/quotes/Thomas.Jefferson.Quote.A0A9
Joseph Biden Was Like John Adams. Will Trump Be Our Thomas Jefferson?
We are asking Trump to pardon the remaining 12 of the 14 accused of Sedition by the tyrant Joseph Biden and restore their rights. On January 20th, Trump only commuted their sentences with a promise to examine their cases and possibly grant the pardon. You can help them get the pardon! Go to www.PardonThe14.com and request a post card and mail it to the White House. Simply put your name and address and drop it in the mail.
We’re at it again! Our motto has not changed, No Patriot Left Behind! Please help us share this far and wide and get this message to President Trump to Pardon the 14! Please watch this short video for your marching orders: https://t.co/cfW00aqBJ1
— MAGA Mouse (@MAGAMouse1621) April 9, 2025
Help David get on his feet and fund his fight for the pardon
More information about David’s case is available on www.Davidisinnocent.com
The post J6 Sedition Cases Actually Attack On Free Speech – Trump Can Be Like Thomas Jefferson appeared first on The Gateway Pundit.