Most people associate July 4 with Independence Day, a celebration of liberty and the birth of America as a free and independent country, which severed the political ties that had bound the American people to Great Britain.
But what the American people are anxious about now, as we commence the countdown to America’s 250th anniversary, July 4, 2026, is that America’s liberty is now at extreme risk because the country’s foundation of justice has been shredded.
A solid foundation of justice is essential to ensure that freedom does not enable the powerful to oppress the vastly larger numbers who are in a weaker position. Equal justice under the law means not only that the courts should adjudicate the law without prejudice as to race, gender, or social status, but that the rules must be enforced and adjudicated with particular attention that justice for the poor and weak is best protected by holding the powerful to account.
For decades, the political and corporate elite in America have not been held accountable for the abuse of power and corruption. In fact, the highest crime, which is treason, is often best committed by the political elite who have top security clearances and access to counterparts in enemy camps.
Most nations define treason as the act of betraying one's own country. The definition of treason in the U.S. Constitution, Article III, Section 3, sets a high bar for prosecution:
"Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort, according to the U.S. Congress”... "No Person shall be convicted of Treason unless on the testimony of two witnesses to the same overt act or on confession in open court."
One could make the case for treason against many based on the U.S. presently being in a Marxist insurrectionary war, which is obvious now with roots that go back to the Obama years. However, it is wise for POTUS and the Department of Justice to focus on prosecuting crimes in the closely related category known as seditious conspiracy.
Defined in 18 U.S. Code § 2384, seditious conspiracy involves an agreement between two or more people to overthrow, put down, or destroy the government of the United States by force, or to oppose its authority, or to hinder or delay the execution of any U.S. law.
This definition of seditious conspiracy profoundly describes what has unfolded in America that began in the Obama administration and has accelerated in the present. And this is clearly explained by General Michael Flynn in a July 4 interview found on X, which reminds us of vital details.
After Trump’s November 2016 electoral victory, outgoing President Barack Obama convened a White House meeting on January 5, 2017, to discuss and conspire to undermine and overthrow the President of the United States. Starting with Obama, those at that meeting who should be indicted and prosecuted include former FBI Director James Comey, former CIA Director John Brennan, former Director of National Intelligence James Clapper, former National Security Advisor Susan Rice, and former Deputy Attorney General Sally Yates.
Brennan and Clapper are due other penalties for their malfeasance in an October 2020 fraudulent active measure to undermine the electoral outcome of the 2020 election, which involved Donald Trump. They orchestrated and enlisted some 51 former intelligence officials to sign a letter, published in Politico, accusing Trump of being a Russian asset and suggesting that the New York Post's report on Hunter Biden’s laptop had all the hallmarks of Russian disinformation. That has all been proven false.
Given the volume of capital crimes being committed against innocent American citizens and armed assaults on law enforcement and Immigration and Customs Enforcement (ICE) that are the direct result of four years of massive illegal immigrant entries sanctioned by Alejandro Mayorkas, there is a compelling case for prosecuting him for seditious conspiracy.
Mayorkas was impeached by the House of Representatives in February 2024 by a narrow 214–213 vote, accused of "willful and systemic refusal to comply with the law" and "breach of public trust" due to his handling of border security. The Senate dismissed these charges in April 2024 by a 51–49 vote on political grounds.
Irrespective of impeachment, which is driven by politics, the U.S. Attorney General has a responsibility to charge Mayorkas with seditious conspiracy for allowing illegal immigrants to conduct an assault on American citizens and undermine national sovereignty.
Mayorkas’s open-border policy violated his sworn oath of office to protect Americans against enemies foreign and domestic. Mayorkas is the most responsible person for increased illegal crossings of criminals, terrorists, gang members, and cartel influence. The court may find the results more of policy failures than seditious intent on the part of Mayorkas. However, it is time to let the course of prosecution run its course.
A different kind of unequal justice under the law that indirectly undermines and subverts the nation is the crimes that erode America's moral capital and standing in the eyes of the world. The best example of this is undoubtedly the high-profile cases in the cover-up of horrendous crimes committed by Jeffrey Epstein, whose many female victims have been denied justice. In contrast, the perpetrators’ crimes have gone unaddressed—except for Ghislaine Maxwell—with no legal prosecutions yet.
It is understood that that Epstein worked for the CIA, and likely the Israeli Mossad and the British MI6, as an operator whose mission was to control through bribery high level political and corporate elites who became entrapped by Epstein’s orchestrated and videotaped operations to induce those elites to engage in the sexual exploitation of women and underage girls.
Let’s hope that President Trump will not only ensure that Epstein’s victims receive justice, but that Trump will use this massive injustice scandal as an opportunity to begin restoring the moral capital of America by cleaning house and bringing dramatic reform to the CIA and other agencies.
When Americans recite the Pledge of Allegiance to the Flag, there is an assumption that liberty and justice are deeply intertwined. They are meant to be. And if the spirit moves fast as it can—being unlimited by time or space—liberty and justice can be rejoined with a common morality that comes from our Judeo-Christian heritage. Let that be a primary goal for the 250th anniversary celebration on July 4, 2026
Scott S. Powell is a senior fellow at the Discovery Institute and a member of the Committee on the Present Danger-China. His timeless book, Rediscovering America, was the number one Amazon New Release in the history genre for eight weeks. https://www.amazon.com/dp/1637581599. Reach him at scottp@discovery.org
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