No seditious conspiracy charges emerge in U.S. Capitol riots cases
Send a link to a friend
[June 04, 2021]
By Mark Hosenball
WASHINGTON (Reuters) - Nearly five months
after hundreds of Donald Trump supporters launched a deadly assault on
the U.S. Capitol, prosecutors have not carried out an early threat to
charge some participants with seditious conspiracy.
They may never do so, according to a law enforcement official and legal
experts, because of prosecutors' past difficulty in securing convictions
on those charges against far-right activists.
Instead, the more than 440 people charged with joining in the Jan. 6
violence that left five people dead including a Capitol Police officer
have been charged with crimes ranging from entering a restricted
building to criminal conspiracy.
These differ from a charge of seditious conspiracy alleging attempts "to
overthrow, put down or to destroy by force the government of the United
States."
Federal prosecutors first raised the idea of charging Capitol rioters
with seditious conspiracy at a Jan. 26 news conference.
"One of the more significant charges people are very familiar with is
the sedition conspiracy. That's what we're trying to build towards,"
said Michael Sherwin, who at the time was acting as chief federal
prosecutor for the District of Columbia.
Sherwin did not immediately reply to a request for comment.
A law enforcement official, who asked for anonymity to discuss debates
among prosecutors, said there had been little recent discussion among
key officials regarding seditious conspiracy charges, which carry a
maximum sentence of 20 years in prison.
The official said that historically, federal prosecutors have
encountered obstacles when they have tried to prosecute alleged
far-right activists on such charges.
"Seditious conspiracy is a vague and overbroad statute that could be
used to criminalize some legitimate forms of protest and much mundane
criminal activity," said Joshua Braver, an assistant professor at the
University of Wisconsin Law School.
"The statute's revival is recent and the statute was dying a slow and
quiet death; it would be a mistake to resuscitate it," he said.
[to top of second column]
|
Police release tear gas into a crowd of pro-Trump protesters during
clashes at a rally to contest the certification of the 2020 U.S.
presidential election results by the U.S. Congress, at the U.S.
Capitol Building in Washington, U.S, January 6, 2021.
REUTERS/Shannon Stapleton/File Photo
Justice Department spokesman Marc Raimondi declined
to comment on the department's current views on bringing seditious
conspiracy charges, referring a journalist to prior court documents
and news releases.
Then-President Trump was impeached by the U.S. House of
Representatives and acquitted by the Senate on a charge of inciting
insurrection in a fiery outdoor speech before the Capitol assault.
Some accused rioters have said they believed they were following
Trump's directions.
MIXED RECORD
Over the years, the Justice Department obtained seditious conspiracy
convictions against Puerto Rican nationalists and alleged Islamist
militants including Sheikh Omar Abdel Rahman, the radical Islamic
clergyman known as the "Blind Sheikh."
Seditious conspiracy charges featured prominently in a case federal
authorities brought in 1987 against leaders and members of a
neo-Nazi group known as The Order. Fourteen alleged members or
supporters were indicted, with 10 facing seditious conspiracy
counts.
After a two-month trial, a jury acquitted all defendants.
Kathleen Belew, a University of Chicago academic who has testified
before Congress about the white supremacist movement, said the
Justice Department had "put a lot of effort" into the trial of Order
leaders but that the trial turned out to be a "disaster."
She said seditious conspiracy charges have proven to be a problem
for prosecutors because the "burden of proof is quite high" and that
failure of such cases at trial would make prosecutors "reluctant to
try again."
(Reporting By Mark Hosenball; Editing by Scott Malone and Howard
Goller)
[© 2021 Thomson Reuters. All rights
reserved.] Copyright 2021 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content. |