In the case of Rhodes and his alleged co-conspirators, prosecutors may secure a conviction if they can prove, as is alleged in the indictment, that the militia moved from protected speech to planning specific actions including to stop the lawful transfer of presidential power that are not protected by the First Amendment. But David Weinstein, a former federal prosecutor, previously told USA TODAY that the maximum term could be increased by four to five years because the victims of the Oath Keepers' actions were federal government officials. Stewart Rhodes, founder of the right-wing militia group Oath Keepers, was found guilty of seditious conspiracy for planning to violently overthrow President Joe Biden's 2020 Electoral College victory. Thousands of Trump supporters violently stormed the Capitol to support the President's baseless claims and lies that he won the election on January 6, 2021 in Washington DC. But in the hands of a zealous prosecutor, the potential for abuse is clear. Join the list today.]. Charges have been successfully brought against Puerto Rican nationalists who stormed the Capitol in March of 1954 and against Islamic militants who plotted to bomb several New York landmarks in the early 1990s. On Jan. 6, the indictment alleges, they entered the Capitol building with the large crowds of rioters who stormed past police barriers, smashed windows and rammed doors, injuring dozens of officers and sending lawmakers scrambling. Prosecutors alleged that nine members of the Christian far-right Hutaree militia committed seditious conspiracy through a plot to kill a police officer and then attack their funeral in order to incite an uprising against the government. The longest prison sentence given to a Jan. 6 Capitol riot participant came Monday when Guy Reffitt was sentenced to over seven years, USA Today reports. In order to win a seditious conspiracy case, prosecutors have to prove that two or more people conspired to overthrow, put down or to destroy by force the U.S. government or bring war against it, or that they plotted to use force to oppose the authority of the government or to block the execution of a law. The group, along with numerous people charged as co-conspirators, were convicted of seditious conspiracy and spent over two decades in jail until Jimmy Carter commuted their sentence in 1979. Subscribe to Here's the Deal, our politics newsletter. Prosecutors in the case cut a plea deal with a white supremacist leader, Glenn Miller, who potentially faced decades in prison for other crimes, agreeing to reduce his charges in exchange for him testifying in the sedition trial. The rest of the defendants are from various parts of the country, including Virginia, Florida, Georgia, and Ohio. The seditious conspiracy charges in Jan. 6 trial The former Proud Boys national chairman is standing trial on the most serious charge that has been lodged in the U.S. Capitol attack. Even Rhodes, who is not believed to have actually stormed the building, is alleged to have plotted to bring weapons to the area and coordinate militia movements. However, a judge dismissed the charges after finding there was insufficient evidence of a conspiracy. After a week of deliberation, jury members convicted the group of seditious conspiracy along with numerous other charges. | Federal Criminal Defense, https://versustexas.com/seditious-conspiracy/, Seditious conspiracy is a federal offense defined in. Members of the Oath Keepers organized a "quick reaction force" at a hotel in Virginia, which a prosecution witness testified contained the most weapons he had seen in one place since his military days. Oath Keepers trial: Leader Stewart Rhodes found guilty of seditious conspiracy in Jan. 6 attack. The charges are significant because they allege that the January 6 attack went beyond disorderly conduct and assaults on law enforcement, instead constituting an organized and violent attempt to stop the democratic transfer of power. Court documents revealed messages exchanged between Rhodes and other Oath Keepers ahead of the riot. And in July, Enrique Tarrio and four other members of the Proud Boys were charged with seditious conspiracy in what one constitutional expert calls a "textbook case" of sedition, but the charges themselves face an uphill battle in court. Seditious conspiracy occurs when two or more people in the U.S. conspire to overthrow, put down, or to destroy by force the U.S. government, or to levy war against it, or to oppose by force and try to prevent the execution of any law. Many of them were charged with misdemeanors such as parading inside the Capitol. The defense successfully argued that militia members discussion of violent rebellion was essentially fantastical boasting, protected by the first amendment and that any specific plots were instigated by an FBI informant who had infiltrated the group. However, use of the seditious conspiracy law in Rhodess case may set a bad precedent as far as future protesters and dissidents are concerned. Although it does not protect speech that incites imminent lawless action, the First Amendment does protect speech that advocates overthrowing government in more abstract terms. Rest assured, the government is going to bring all of their resources to bear on this case. Members of the Oath Keepers seen among Trump supporters at the US Capitol. Trump has asked his supporters including members of the extremist male chauvinist group Proud Boys to protest the election results. ", Fla Rep Screams At McCarthy On House Floor, Trump: There Were No Classified Docs. I Kept 'Empty Folders' As A 'Keepsake', Secretary Who Referred To MLK Day As N***** Day Allowed To Resign, Mike Huckabee Promotes Creepy New DeSantis Book For Kids, Johnson Goes On Fox, Gets Unhinged With Conspiracy Theories. Greene, a military veteran who worked for the company formerly known as Blackwater, testified that the Oath Keepers were on a security mission and that he didn't take Rhodes' talk about civil war seriously. Outside Washington, the indictment alleges, the Oath Keepers had stationed two quick reaction forces that had guns in support of their plot to stop the lawful transfer of power. Interestingly, the leader did not enter the Capitol that day but is accused of putting the violent plan into motion. Legally, seditious conspiracy occurs when two or more people conspire tooverthrow, put down or to destroy by force theU.S. government or bring war against it, or plot to use force to oppose the authority of the government or to block the execution of a law. Nordean, of Auburn, Washington, was a Proud Boys chapter president and a member of the groups national Elders Council. Biggs, of Ormond Beach, Florida, is a self-described Proud Boys organizer. Three of the defendants Rhodes, Caldwell and Watkins took the stand in their own defense, with Rhodes telling jurors it was "stupid" for Oath Keepers to go inside the Capitol. Proving the elements of seditious conspiracy can be factually and legally difficult. The last time the United States prosecuted anyone under the seditious conspiracy law was in the case of the Hutaree militia in 2010, when nine members of the so-called "Christian Patriot" movement were arrested for plotting to kill police officers and attack additional officers at their funerals. Caldwell's attorney, David Fischer, called the seditious conspiracy acquittal a big win for his client. Daniel Barnes reports for NBC News, based in Washington. Seditious conspiracy charges are rare and hard to prove. "Right from the beginning, I thought, 'Okay, this is sedition,' and there's no question in my mind from the beginning," McDaniels added. Decades before the Abdel-Rahman trial, prosecutors secured a seditious conspiracy conviction against Puerto Rican nationalists who stormed the Capitol building. As a First Amendment scholar, I believe they may also give rise to serious concerns about the rights of others protesting government actions down the road. January 6th is the most notable example of a seditious conspiracy. The primary goal of the law is to prevent real threats against the United States while making sure that First Amendment rights are protected. But Millers testimony turned out to be weak and unreliable, leading to an all-white jury acquitting all 13 white supremacists. While seditious conspiracy is generally defined as conduct or languageincitingrebellion against the authority of a state,treasonis the more serious offense of actively levying war against the United States or giving aid to its enemies. The longest prison sentence given to a Jan. 6 Capitol riot participant came Monday when Guy Reffitt was sentenced to over seven years, NCJA | 700 K St. NW, Washington, DC 20001 | 202-628-8550 |. Sedition has been defined as a conspiracy to engage in an unlawful act, such as treason or insurrection. If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. What is the punishment for seditious conspiracy? It occurs when two or more people conspire to overthrow, put down, or to destroy by force the U.S. government, or to levy war against it, or to oppose by force and try to prevent, hinder or delay the execution of any law. After federal agents used a warrant to seize his phone in May last year, Rhodes stated that he sat for a nearly three-hour interview with authorities and claimed he had nothing to hide. In 2014, he killed three people, including a 14-year-old boy, at a Jewish community center and retirement home in Kansas. A trial started this week in Washington for the seditious conspiracy case against the founder of the Oath Keepers and other members of the antigovernment militia group for their participation in the Jan. 6 attack. The Oath Keepers have been described by local Texas media as a revolution-minded, conspiracy-bent militia group.. Nine people lost their lives as a result of January 6th. It occurs when two or more people conspire to overthrow, put down, or to destroy by force the U.S. government, or to levy war against it, or to oppose by force and try to prevent, hinder or delay the execution of any law. Seditious conspiracy isone of 57 federal crimes under the terrorism enhancement statute andcan carry a20-year prison sentence along with a maximum fine of$20,000. Legal experts on Tuesday praised the DOJ for successfully prosecuting Rhodes. In one, Rhodes wrote: "We will have to do a bloody, massively bloody revolution against them. "Theyre old as s---," Greene said of his alleged co-conspirators. Sedition Laws and Freedom of Speech . It also can Source We now know, of course, that their seditiousplans, inflamed by Trump himself, came to pass. Rest assured, the government is going to bring all of their resources to bear on this case. According to news reports, the last time prosecutors brought sedition charges was in 2010 against members of the Hutaree a small far-right Christian militia group in Michigan. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Prosecutors can be wary of issuing such charges, even in cases that may fall under its broad statute, he added. If you don't mind the ads and would rather donate, please select one of the options below: This Sure Looks Like George Santos In Drag As Kitara Ravache, Tucker Carlson: Rep. Jackson Lee Committed 'A Blood Libel' Against Whites, Ben Shapiro Hopes For An Andrew Tate Rape Prison Romance With Greta Thunberg. Michael Kunzelman, Associated Press. The last time the United States prosecuted anyone under the seditious conspiracy law was in the case of the Hutaree militia in 2010, when nine members of the so-called "Christian Patriot" movement were arrested for plotting to kill police officers and attack additional officers at their funerals. The Oath Keepers coordinated travel across the country to enter Washington, DC, equipped themselves with a variety of weapons, donned combat and tactical gear, and were prepared to answer Rhodess call to take up arms, the charging documents against Rhodes state. All five defendants were found guilty of obstruction of an official proceeding and aiding and abetting for their actions on Jan. 6, 2021. The not guilty verdicts for three of the defendants could be seen as a sign that jurors did not think the Justice Department proved that Harrelson, Watkins and Caldwell had planned ahead of time to storm the Capitol. Trump: there were No Classified Docs Greene said of his alleged co-conspirators judge dismissed the charges finding. Accused of putting the violent plan into motion at the US Capitol bring all of their resources bear! 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