Darth Jello
Cheese Spelunker
Originally posted by dadudemon
Okay, cool: I'm just not aware of how it could be illegal nor do I have any legal or judicial evidence to support what you're saying.Since Focus is intent on dodging, maybe you're willing to help me out, here: how is it illegal? Use specific rulings and/or laws to support your position.
Let's forget RICO because that's a broader law and would only apply to a situation where you wanted to take down an entire organization or party.
Title I of the Smith Act basically says that it's illegal to advocate sedition or subversion of the US government by a foreign power or ideology by use of coercion, force, or violence (Titles II and III don't apply here because they mainly have to do with with registration and deportation of enemy aliens engaged in this kind of sabotage). In this case the way that many people have perceived these emails is as a coercive threat rather than a suggestion, meaning the coercion is implied rather than blatant. Now for the most part, the Smith Act has been used to prosecute Fascists, Nazis, Communists and their sympathizers. During the 40's in a multitude of cases against Nazis and fascists, notably the Crusader White Shirts case and US v. McWilliams (which ended in a mistrial due to the judge's death), it was established that the dissemination of prejudice in order to cause discord, in those cases notably blacks and Jews, in this case blacks, Hispanics, and gays by the parent party, can be used as further evidence of coercive force and violent intent. The general behavior of people with shared Republican ideology, such as voter caging, intimidation, spreading false voter information, falsifying votes via machines and purging lists can be used to further establish a pattern by advocates of the Republican ideology of disrespect for law and order and the design to subvert the government illegally.
Most cases in which Smith rulings were thrown out were against communists when the government overreached its bounds by claiming base teaching and advocacy of communism was treasonous.