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Published On: Tue, Jul 22nd, 2025

Julie Kelly: Trump DOJ Should Consider Investigating Obama and Biden For Seditious Conspiracy

Julie Kelly tells “The Benny Show” host Benny Johnson that President Donald Trump should seek seditious conspiracy charges against former Presidents Joe Biden and Barack Obama.

BENNY JOHNSON, HOST: We’ve gotten some very wildly interesting answers and divergent answers. Mike Davis says conspiracy against rights. David Schoen is saying that, you know, there are a slew of things that you could charge them with, but he’s a civil rights lawyer and he took the civil rights act that you’re depriving the people, obviously, of their vote. And then General Flynn says, you know, you put them in a military gulag and charge them with treason, right? And that’s very General Flynn. But given the fact that you’ve seen maybe all of those charges brought against President Trump by these people, where would you advise? What would you advise here as far as carving up this will? JULIE KELLY, GUEST: So I’m also working on a piece about this that I’ve got like six different articles working on. And you can imagine if you want to make them thorough, though, it takes some time. And I’ve actually been working on a seditious conspiracy article and how the DOJ might be able to apply. Now, keep in mind, this is a post-Civil War statute that the Biden DOJ dusted off to use against two dozen J6ers, January 6th defendants who were members or alleged members of the Oath Keepers and the Proud Boys. Now, this statute, seditious conspiracy, traditionally has only been used against foreign terrorists, for example, the perpetrators of the 1993 World Trade Center bombing. The DOJ brought seditious conspiracy charges against those individuals. Fine. But the DOJ watered that down, egregiously watered it down to bring this. And it is comparable to treason against two dozen J6 defendants, some of whom were not even in Washington, D.C., some of whom didn’t even go inside the Capitol. Only one had some sort of weapon. I think, you know, a pocketknife or something only. And so if you can use that against people who committed no violence, who had no plan to overthrow the government and using how the DOJ, the Biden DOJ brought those charges, what they put in their indictments and what the jury instructions were in both of those and all of those trials over three Oath Keeper trials, one Proud Boy trial, the jury instructions. It’s hard to see how the Trump, this Trump DOJ could not now pick that up where the Biden DOJ left off and use seditious conspiracy and draw this, you know, pull this thread from the Obama White House all the way through to the Biden regime and attempting to do the same thing, which is to sabotage the president and, you know, and set him up if he did win again, another illegitimate presidency. And that’s what they were trying to trying to create. BENNY JOHNSON: And they got convictions on those charges. Truly seditious conspiracy. So the question, of course, in a moment like that is, did they have the power to overthrow the U.S. government? And of course, of course, that’s laughably no. Yet these people did have the power to overthrow the government. They use the most powerful intelligence community resources known to man, and they weaponized them against Donald Trump. So it seems like a much seems like that charge might stick, Julie. JULIE KELLY: I think that it probably has. Now, Mike Davis, of course, I always defer to him as well. So conspiracy against rights is probably one of the options on the table. But I know speaking for a lot of J6ers, they would love to see seditious conspiracy thrown back. And this was also, I believe, if Donald Trump had lost the election, that Jack Smith would have brought seditious conspiracy charges in a superseding indictment against the president had he lost. I think that they were still holding that in their back pocket. I think you and I even talked about that in 2023 and 24, what they would do if Trump lost. So there is a little caveat in there in the seditious conspiracy by force. But again, and I’ll explain this in my piece and come back on and explain it even further. They said physical force wasn’t necessary, that any sort of force that they planned to use force. Well, it doesn’t have to be physical force. When you have the full force of the intelligence community, the White House, the Oval Office, the DOJ, the FBI, CIA, every single major, powerful, unaccountable government agency coming down on your head. How can you say that’s by force? That’s way worse than someone opening a door with Capitol Police standing right there going into a government building on a Wednesday afternoon. So anyway, I’ll be doing, I’m working on a deep dive there. But I do think that that should be one of the statutes on the table for the Trump DOJ to consider.


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