- Kelly Meggs, Oath Keepers member and founder Elmer Stewart Rhodes of Oath Keepers were found guiltyTuesday of seditious plot.
- A conspiracy to overthrow, subdue, or destroy the government is called seditious.
- This charges could lead to a maximum sentence of 20 years in prison, as well as a fine.
Kelly Meggs, Oath Keepers member and founder Elmer Stewart Rhodes of Oath Keepers were found guiltyTuesday of seditious conspiracies when they attempted to prevent the peaceful transfer power from President Donald Trump, then to President Joe Biden on January 6, 2021 in one the most significant trials to follow insurrection.
Enrique Tarrio, four other Proud Boys members were also present in July Charged with seditious conspirationIn what one constitutional expert refers to as a “textbook” case of sedition, the charges are still very difficult to prove in court.
Seditious conspiracies, also known as “sedition,” was a law first created in 1789 to criminalize speech critical to the government. It was rewritten with the following: current law stating:
“If more than one person in any State, Territory, or any other place under the jurisdiction of the United States conspires to overthrow, bring down, destroy by force, the Government of America, or to levy warfare against them, to oppose the authority thereof or to prevent, hinder or delay the execution any law of United States or by force, to seize, take or possess any property of United States contrary to its authority, they will each be fined according to this title, imprisoned no more than twenty years or both
Insider heard from Michael McDaniel (Director of Homeland Law at Cooley Law School), that the Proud Boys’ case would likely result in a maximum sentence of twenty years. This is based on the severity of the attack against the Capitol on January 6, 2021.
McDaniel stated that “this was a textbook case.” “It was because they were breaking windows and rushing into the Capitol at the exact time the Senate is counting. Under the election Control Act they’re counting each state’s ballots. That was what made it so offensive to me and made it seem like seditious from beginning.”
The United States last prosecuted someone under the seditious conspiration law in the case of Hutaree militiaIn 2010, nine members of the “Christian Patriot” movement were detained for plotting to attack funeral officers with additional police officers.
Defense lawyers in the case against the Hutaree militia claimed that the men were engaged in play fighting and that their criticisms of government were protected under the First Amendment. A judge Rejected the sedition chargesThe defendants were not presented with a jury before because of concerns about protected speech.
“There’s been a common theme since then. Now the question is: were these individuals criticizing the government?” McDaniels stated. McDaniels said.
McDaniels stated that the Proud Boys must prove four elements in court to be convicted on the charges of seditious conspiracies.
To commit a crime, you must have an agreement. It has to be illegal, and it must be criminal. McDaniels stated that third, participants must have been aware of the possibility. “The prosecution must show that everyone involved knew this was an act of terrorism,” McDaniels said. The prosecutor must prove that there was an overt act. You have to be working towards the end of the conspiracy.
McDaniels stated that he believes that the Jan. 6 attack on the Capitol by the Proud Boys is a classic case of seditious conspiration, but it will be difficult for McDaniels to prove all four elements.
McDaniels said, “Right at the beginning, my thoughts were, ‘Okay. This is sedition’ and there was no doubt in my mind from beginning,” McDaniels continued. “But, McDaniels added that the hesitation is because it’s difficult to prove.
