![]() One might similarly ask why the government even bothered charging seditious conspiracy when the obstruction offense, which does not require proof of a conspiracy or proof of the use of force, is arguably easier to prove.Īccording to Department of Justice Guidance, before seeking charges, prosecutors must determine whether the prosecution would serve a substantial federal interest. One might ask, then, whether it really was a victory for the Justice Department when three defendants were found not guilty of the lead charge. That said, just two of the five Oath Keepers who were tried on the seditious conspiracy charge were found guilty of it, although all five were convicted of obstructing an official government proceeding, as well as other offenses, that carry the same maximum 20-year sentence as seditious conspiracy. What’s more, the verdicts send a message to others charged with the same offense facing trial later this month, including additional members of the Oath Keepers in one case and the leader and members of the Proud Boys in another, that at least one jury could be convinced to convict members of a domestic extremist paramilitary organization for seditious conspiracy based on the events culminating on January 6. The verdicts finally hold Rhodes to account after years of promoting the violent use of arms against the United States government. Seditious conspiracy is the offense that best fit the evidence introduced of a conspiracy “by force, to prevent, hinder, and delay the execution of any law of the United States”-in this case, that law being the constitutional and statutory provisions governing the transfer of presidential power. “If we have a series of lesser charges short of seditious conspiracy - destroying property, assaulting folks, assaulting government officials - there may be no need to reach for the most serious charge because you feel like your body of evidence can more easily and readily prove the lesser charges, and let's face it, at the end of the day, it's all about what's the appropriate penalty,” he said.The seditious conspiracy verdicts against the Oath Keepers national leader Stewart Rhodes and Florida chapter leader Kelly Meggs are important milestones for the Department of Justice in its mission to hold accountable those involved in the attack on the U.S. Prosecutors have charged Mr Rhodes and his co-defendants under the part making it a crime to conspire to “prevent, hinder, or delay the execution of any law of the United States” by force, alleging in the indictment that the purpose of their alleged conspiracy was to “oppose the lawful transfer of presidential power by force, by preventing, hindering or delaying by force the execution of the laws governing the transfer of power”. Known to lawyers as “Section 2384,” it lays out an offense known as “Seditious Conspiracy” – which is committed when “two or more persons” conspire to “overthrow, put down, or to destroy by force the Government of the United States,” “prevent, hinder, or delay the execution of any law of the United States” by force, or “seize, take, or possess any property of the United States contrary to the authority thereof”. ![]() Founder of Oath Keepers charged with seditious conspiracy.Sedition case against Oath Keepers one of few in US history. ![]() Who are the Oath Keepers, extremist group whose leader has been charged over Capitol riot.
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