Donald Trump can walk in the footsteps of Thomas Jefferson How? By pardoning the remaining 12 of the 14 that were accused of Sedition and given only a commutation on Jan 20, 2025.
History is repeating itself. David knows all too well. He was a medic for the Oath Keepers on January 6th, 2021. He was pushed into the Capitol and left after just 11 minutes. For that, he was convicted of Sedition and three other thought crimes and sentenced to 3 years in prison. He was locked away from his wife and three small children. He was in custody for 2 years. Lately, his sentence was only commuted. He is still fighting for his freedom and for the pardon.
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The history of Sedition as an attack on free speech as far back as the 1700’s is strikingly similar to what happened to David Moerschel, the Oath Keepers, and the Proud Boys over January 6th.
The accusation of Sedition is historically tied to attacks on free speech
As early as 1722, Ben Franklin, in a Silence Dogood letter, warns of attack on free speech and the connection to Sedition.
First Ben Franklin emphasizes the necessity of Free Speech, "This sacred Privilege [free speech] is so essential to free Governments, that the Security of Property, and the Freedom of Speech always go together...Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech." (Silence Dogood, No. 8, 9 July 1722)
In the next paragraph, Ben Franklin warned of how England used the accusation of Sedition to stifle free speech, "This Secret was so well known to the Court of King Charles the First, that his wicked Ministry procured a Proclamation, to forbid the People to talk of Parliaments…and punished as Sedition. …Men were fined, imprisoned and undone, for saying [the King] was a Papist." (Silence Dogood, No. 8, 9 July 1722)
In spite of these warnings, the Sedition Act of 1798 was passed by John Adams. As a president, John Adams became a tyrant and like a monarchist. He used the Sedition act to imprison those that spoke out against him. The charge of Sedition, just like in England, became an attack on free speech in the USA.
John Adams had many people indicted for Sedition, which led to what is known as the Sedition Act Trials for example:
1. Benjamin Franklin Bache was Ben Franklin's grandson. He was a printer like his grandfather. He was indicted on Sedition for publishing other people’s statements opposing John Adams.
2. Thomas Cooper: Said "John Adams was a power mad despot." He was indicted and convicted of Sedition for that statement. Then he went to prison.
3. James Callender said John Adams will "destroy every man who differs from his opinions." He was convicted of Sedition and put in prison.
The parallels are striking! The Biden Administration was like the tyrant John Adams. In the words of Senator Eric Schmitt (R-MO) on Fox News (March 24, 2025)
"The Biden Administration created a vast censorship enterprise, comprised of a sprawling network of federal agencies and NGOs that have been working overtime to censor Americans’ speech. From special reporting portals to the White House press secretary admitting at the podium that they were flagging posts to be taken down, the level of coordination to subvert the First Amendment and remove disfavored speech was beyond what most imagined,"
Remember also the Twitter files where Elon Musk exposed the coordination of the Government and censorship on Twitter. Later, Zuckerberg complained on Joe Rogan that Biden’s administration asked him to censor content on Facebook.
But the Biden administration didn’t stop at censorship. They took it a step further. They accused David, the Oath Keepers and Proud Boys of sedition.
The Biden administration accused Oath Keepers and Proud Boys of Sedition in a grand plan to implicate Trump in an insurrection. They destroyed these people’s lives in an attempt to keep Trump out of the White House. It didn’t work. Trump is back in. But these Oath Keepers and Proud Boys lives are still in ruins. And they don’t even have the benefit of a pardon – yet!
Help David get the pardon by sending a letter to Trump at the White House. Click here to help!
The Government never proved conspiracy in the Oath Keeper trial. They just had a complicit Jury.
The Oath Keeper case is fundamentally an attack on Free Speech. Modern Day Sedition requires 2 components: (1) Conspiracy or Agreement, (2) Use of Force.
The Government’s own witnesses said there was no plan, conspiracy, or agreement. Here is an excerpt from the trial transcripts:
Q When you came to Washington, D.C., you had no plan to try to stop the certification, correct?
A No.
Q And you had no plan to try to violently or forcibly keep Joe Biden out of the White House, right?
A No.
(Trial 2 Transcript, pg 3921)
Without conspiracy, there is no Sedition. In 2010 the Government brought charges against “members of a Michigan militia, but two years later they were acquitted by a judge who said their hateful diatribes didn’t prove they ever had detailed plans for a rebellion." https://theconversation.com/seditious-conspiracy-charge-against-oath-keepers-founder-and-others-in-jan-6-riot-faces-first-amendment-hurdle-174958
As to the second component of Sedition, there was also no use of force. The law requires a component of force to prevent or delay the execution of any law. It is pathetic what the Government presented as “force” in the 2nd Oath Keeper trial. Essentially, the Government argued that a person’s mere presence is the “force” component of Sedition. This is an exchange between a defense attorney and a former Oath Keeper turned Government witness.
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)
Four men, including David, in the second Oath Keeper trial were convicted of Sedition, even though the Government’s own witnesses testified there was no conspiracy and there was no force.
Fundamental crime in the Oath Keeper case is politically charged speech
So if there was 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.
Except, the Constitution protects the freedom of speech, even “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.” (As in the AP article https://apnews.com/article/riots-conspiracy-9d22bdd4e2d4d786531ebe0fb8095de4)
To prove that the accusation of Sedition for the Oath Keepers (and by extension the Proud Boys too) was an attack on Free Speech by how they have treated the Oath Keepers.
At every turn, the government tried to stop them from exercising free speech. They put draconian restrictions on them.
- 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.
- In Prison: All David’s phone calls and emails were monitored. He was under extra scrutiny in prison.
- At the halfway house: David was on social medial restriction. His phone was regularly searched.
- If he was on probation: David would have been subjected to computer and network monitoring, social media and email restrictions.
- Even now that he was commuted, he is experiencing free speech infringements. For the third time, X/Twitter suspended his accounts.
Truly, the accusation of Sedition for the Oath Keepers (and Proud Boys) centered on an attack on free speech.
But this is where President Trump can be like Thomas Jefferson.
Thomas Jefferson was a champion of 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.” (1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President, Letter to Abigail Adams (John Adam's wife), 22 July 1804 http://libertytree.ca/quotes/Thomas.Jefferson.Quote.A0A9
Donald Trump has the opportunity to walk in the footsteps of Thomas Jefferson.
We are asking Trump to pardon David and 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 David get the pardon! Click here, print the letter, sign it, and mail it to the White House. It's the easiest good deed you will do for a long time!
Help David Moerschel get on his feet and fund his fight for the pardon by going to www.GiveSendGo.com/DavidLegalFund