Fact-checked by Grok 2 weeks ago

Seditious conspiracy

Seditious conspiracy is a offense under , codified at 18 U.S.C. § 2384, which criminalizes any agreement by two or more persons to overthrow, put down, or destroy by force the government of the , to levy war against it, to oppose by force the authority thereof in its territories, to prevent, hinder, or delay by force the execution of any , or by force to seize, take, or possess any property of the contrary to its authority. Conviction under the statute is punishable by a fine, for not more than twenty years, or both. The crime requires proof of an unlawful agreement—distinct from mere advocacy or speech—coupled with specific intent to employ force against governmental functions or property, often necessitating evidence of overt acts in furtherance of the conspiracy. Enacted as part of post-Civil War legislation in Chapter 115 of Title 18 addressing treason, sedition, and subversive activities, the offense has historically been invoked sparingly, reflecting judicial caution toward its potential to encroach on First Amendment protections absent clear forceful objectives. Notable prosecutions include convictions against Puerto Rican nationalists for a 1954 armed assault on the U.S. Capitol and, more recently, leaders of groups like the Oath Keepers for alleged plots tied to the January 6, 2021, events, marking a revival after decades of dormancy. These cases underscore ongoing debates over the statute's application, particularly in distinguishing conspiratorial force from protected political dissent, amid critiques of selective enforcement influenced by prevailing political climates.

Origins in Common Law

The offense of in English emerged as a designed to safeguard public tranquility by criminalizing to unlawful resistance against the sovereign's authority, distinct from high which demanded overt acts such as compassing the king's or levying war. Its doctrinal roots trace to the , particularly under , when courts, including the Court of , prosecuted spoken or written words tending to provoke discontent or tumult, as these were seen to causally erode governmental stability amid Reformation-era factionalism. Prosecutions required proof of to disturb the rather than mere criticism, with penalties including fines, , or ; truth offered no defense, underscoring the offense's preventive rationale over post-hoc justification. Seditious conspiracy arose from the fusion of this principle with conspiracy doctrines, which rendered agreements by two or more persons indictable if aimed at unlawful ends endangering the , even absent completed acts. Recognized by the late medieval period but applied to sedition in the —exemplified in cases like the post-Restoration suppressions of plotters against —such conspiracies targeted organized scheming to disseminate disaffection, assemble unlawfully, or oppose authority by force short of war, amplifying individual sedition's threat through coordination. Courts viewed these plots empirically as to broader , punishing them to deter ; for instance, conspirators faced sanctions, often harsher than solitary sedition due to the inherent danger of multiplied actors. Sir William Blackstone's Commentaries on the Laws of (1765–1769) systematized these principles, situating seditious words, libels, and attendant conspiracies within offenses against the public peace, where expressions calculated to "impute false news or scandalous matter" against the government risked inciting "illegal combinations" or riots. Blackstone emphasized post-publication punishment over but upheld liability for content foreseeably leading to unrest, reflecting common law's realist calculus that unchecked seditious plotting causally undermined sovereign legitimacy without necessitating violent outcomes. This framework, unencumbered by modern free speech absolutism, prioritized empirical state preservation, influencing colonial American adaptations while highlighting sedition's role in quelling factional threats through preemptive legal intervention.

United States Statutory Definition

In the , seditious conspiracy is codified at 18 U.S.C. § 2384, which provides: "If two or more persons in any State or Territory, or in any place subject to the of the , conspire to overthrow, put down, or to destroy by force the Government of the , 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 , or by force to seize, take, or possess any property of the contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both." This establishes the offense as a requiring at least two participants acting within U.S. , with the proscribed objectives centered on forceful actions against the federal government, its authority, laws, or property. The penalty structure reflects its classification as a serious , with capped at 20 years, fines determined under Title 18's general provisions (typically up to $250,000 for individuals), or both, emphasizing deterrence against organized threats to national stability. The law's language distinguishes it from related offenses like (18 U.S.C. § 2381), which requires adherence to enemies during , by focusing on domestic conspiracies involving without necessitating wartime context or individual acts of levying . It also overlaps with but is narrower than general under 18 U.S.C. § 371, as it targets specific seditious aims rather than any . Enacted in its current form as part of the broader revisions, the provision has remained substantively unchanged since its 1948 codification, drawing from earlier sedition laws but tailored to prohibit conspiratorial planning short of overt execution.

Elements of the Offense

The offense of seditious conspiracy, codified at 18 U.S.C. § 2384, requires proof that two or more persons entered into an to achieve one or more specific objectives directed against the government through the . The applies within any , , or place subject to U.S. , emphasizing the as the core criminal act rather than completed violence. The prohibited objectives are enumerated disjunctively and center on forceful interference with governmental authority: to overthrow, put down, or destroy by force the of the ; to levy against it; to oppose by force its authority; by force to prevent, hinder, or delay the execution of any U.S. ; or by force to seize, take, or possess any U.S. contrary to its authority. Each objective incorporates an element of physical force or violence as the means of execution, distinguishing the crime from mere or non-violent opposition. The demands specific intent: participants must knowingly and willfully agree to employ force toward the prohibited ends, with shared understanding of the unlawful purpose. The is the formation of the conspiratorial agreement itself, without need for an in furtherance, unlike general under 18 U.S.C. § 371. This structure targets preparatory coordination for seditious violence, where the pact evidences a to .

Historical Context

Post-Civil War Enactment

The seditious conspiracy statute was enacted on July 31, 1861, through "An Act to Define and Punish Certain Conspiracies," which targeted agreements by two or more persons to overthrow the government by force, oppose its authority, or prevent execution of its laws. This legislation imposed fines, imprisonment up to six years, or both, upon conviction, and authorized military trials for offenses committed where civil courts were closed due to . The act responded directly to the of Southern states and the outbreak of hostilities following the April 1861 attack on , aiming to criminalize organized resistance short of full-scale , which required proof of levying war or adhering to enemies with overt acts witnessed by two persons. Legislative debates from 1859 to 1861, culminating in the act's passage under Senator Lyman Trumbull's sponsorship, emphasized the need for a offense to address plots undermining authority before they escalated to armed conflict, as the Constitution's treason clause (Article III, Section 3) imposed evidentiary hurdles that hindered preemptive action. Proponents argued that seditious agreements, such as those forming Confederate military structures, posed an existential threat requiring , distinct from mere or individual acts. The statute's scope extended to conspiracies preventing tax collection, law execution, or military operations, reflecting concerns over coordinated nullification efforts in slaveholding states. Although passed at the Civil War's outset, the law's framework anticipated persistent internal threats beyond active combat, including potential post-war insurrections by defeated factions unwilling to accept victory. However, no recorded convictions occurred under the statute during the war or immediate period, as prosecutions prioritized charges against high-profile Confederate leaders and shifted to civil rights for like activities. The provision endured through subsequent codifications, including the 1909 Penal Code and 1948 revision into 18 U.S.C. § 2384, maintaining its original punitive structure with penalties later increased to 20 years imprisonment.

Early Applications and Rarity

Following its enactment on July 14, 1861, as part of efforts to counter Confederate plots during the , the seditious conspiracy statute (codified today as 18 U.S.C. § 2384) saw minimal application in the immediate postwar decades. Prosecutors during primarily invoked charges against high-profile Confederate leaders or the of 1870 and 1871 (e.g., what became 18 U.S.C. § 241) to target conspiracies by groups like the aimed at depriving citizens of rights through intimidation and violence, rather than § 2384's focus on forcible opposition to authority or laws. Documented convictions under the specific seditious conspiracy provision prior to the remain scarce, with authorities favoring these alternatives amid the era's political sensitivities and evidentiary challenges in proving coordinated intent to use force against the government. The statute's early dormancy reflected broader , as overt rebellion had largely subsided post-Appomattox, and lesser conspiracy or obstruction offenses sufficed for sporadic subversive activities. Its revival began in the mid-20th century, notably with applications against Puerto Rican nationalists seeking independence; for instance, leaders of the Puerto Rican Nationalist Party were convicted in 1955 of seditious conspiracy for orchestrating armed attacks, including the 1954 U.S. Capitol shooting by four members who wounded five congressmen. Earlier related cases, such as the 1937 conviction of for inciting violence during the , invoked charges akin to § 2384, though often blended with insular laws. These marked some of the first sustained uses, targeting groups plotting forcible separation from U.S. jurisdiction. Seditious conspiracy charges have historically been rare due to the offense's demanding elements: an explicit agreement by at least two persons to overthrow the , prevent execution, or seize by , coupled with an , distinguishing it from protected speech or failed plots lacking concrete violence. From the through the early 1900s, fewer than a handful of convictions occurred, as juries and courts required robust of imminent forcible action amid First Amendment concerns over mere advocacy. This scarcity persisted into the , with acquittals common—such as the 1988 Fort Smith trial where white supremacists plotting against federal officials were exonerated despite convictions—underscoring the charge's role as a high-threshold tool reserved for egregious, provable threats rather than routine dissent.

Prosecutions by Ideology and Era

Nationalist and Independence Movements

Puerto Rican nationalists seeking independence from the United States have faced seditious conspiracy charges on multiple occasions, primarily linked to the Puerto Rican Nationalist Party's armed campaigns in the mid-20th century. In 1936, Pedro Albizu Campos, leader of the party, and several associates were indicted under 18 U.S.C. § 2384 for conspiring to overthrow the U.S. government through violent means, including the distribution of propaganda and preparation for insurrection; Campos received a 10-year sentence after conviction. These charges stemmed from activities amid rising tensions over Puerto Rico's status following the Jones-Shafroth Act of 1917, which granted U.S. citizenship but maintained colonial governance structures. The most prominent case arose from the party's 1950 uprising, which involved coordinated attacks on police stations and across on October 30, resulting in 28 deaths, including assailants and . This led to federal indictments in 1954 against 17 party members for a broader spanning 1947–1954 to violently seize power and establish an independent republic, incorporating the March 1, 1954, U.S. Capitol shooting by four nationalists—Lolita Lebrón, Rafael Miranda, Andres Figueroa Cordero, and Irving Flores Rodríguez—who fired pistols in the gallery, wounding five congressmen. Four defendants pleaded guilty, while 13 were convicted at trial in federal court in ; sentences ranged from 15 to 75 years, upheld on appeal by the U.S. Court of Appeals for the First Circuit in 1956. In the 1970s and 1980s, members of the Fuerzas Armadas de Liberación Nacional (FALN), a Marxist-Leninist group advocating Puerto Rican independence through bombings and robberies, faced similar prosecutions. On August 11, 1983, 11 FALN suspects were arrested in and , charged with seditious conspiracy for a campaign from 1974–1983 that included over 120 bombings targeting U.S. military and corporate sites, causing six deaths and $4 million in damage; 10 were convicted in 1985–1986, receiving sentences of 35 to 90 years. Among them was , convicted in 1981 of seditious conspiracy, armed robbery, and weapons offenses tied to FALN's truck heists and explosives manufacturing; he served 35 years before commuting by President Obama in 2017, excluding five years for good behavior. These cases marked a revival of the rarely invoked statute against independence advocates, with prosecutors emphasizing overt acts like weapon stockpiling and target scouting as evidence of intent to oppose U.S. authority by force. No comparable seditious conspiracy prosecutions have targeted other U.S. nationalist or secessionist groups, such as Hawaiian sovereignty activists, despite occasional rhetoric of separation.

Islamist Militant Plots

In 1993, Egyptian cleric , known as the "Blind Sheikh," and a group of followers associated with Egyptian Islamic Group (al-Gama'a al-Islamiyya) plotted a series of bombings in targeting symbols of U.S. authority, including the headquarters, the FBI's office, and several tunnels and bridges such as the Lincoln and Holland Tunnels and the . The scheme, described in federal indictments as a "seditious conspiracy to levy a war of urban against the ," involved acquiring explosives and conducting to execute coordinated attacks intended to coerce the government into releasing imprisoned militants and withdrawing support for . Abdel-Rahman, who had issued fatwas endorsing violence against the and was linked to the 1981 assassination attempt on President , directed the cell from mosques in and , recruiting operatives including nationals and U.S. residents radicalized through his sermons. Key evidence included wiretapped conversations, undercover recordings, and seized documents outlining attack plans, which prosecutors argued demonstrated an agreement to oppose government authority by force under 18 U.S.C. § 2384. The plot was foiled by FBI informants, leading to arrests in June 1993 shortly after the separate February , which some defendants aided logistically but for which Abdel-Rahman was not directly charged. In January 1996, following a nine-month trial in U.S. District Court for the Southern District of New York, Abdel-Rahman and nine co-defendants were convicted of seditious conspiracy, along with related counts of bombing conspiracy, solicitation of murder, and firearms offenses. Abdel-Rahman received a life sentence without parole, while others, including plot leader Siddig Ali and bomb-maker Clement Rodney Hampton-El, were sentenced to terms ranging from 25 years to life; appeals challenging the statute's application to "urban terrorism" as protected speech were rejected by higher courts, affirming the convictions based on overt acts proving intent to use force against government operations. No subsequent seditious conspiracy prosecutions against Islamist militants have resulted in convictions, with post-9/11 cases typically pursued under material support statutes like 18 U.S.C. § 2339B rather than sedition charges.

Domestic Militia and Extremist Groups

In March 2010, federal authorities indicted nine members of the , a self-described Christian group based in rural , on charges including seditious conspiracy under 18 U.S.C. § 2384, alleging they plotted to levy war against the by killing officers to provoke a broader uprising. The indictment claimed the group viewed the federal government as an enemy influenced by the , with plans to ambush during a staged exercise, follow with bombings at funerals using weapons of mass destruction, and ignite a national conflict against perceived tyranny. leader David Brian Stone Sr. and others had trained with firearms and discussed tactics in recorded conversations, but prosecutors emphasized the group's apocalyptic ideology as motivation for coordinated violence rather than mere . The case represented one of the few modern applications of seditious conspiracy against a domestic prior to 2021, amid heightened scrutiny of anti-government extremists following the and election of President . However, after a 2012 trial, U.S. District Judge Victoria Roberts issued a directed on the seditious conspiracy and weapons of mass destruction charges for seven defendants, ruling that evidence of "loose talk and extravagant language" expressing hostility toward authorities did not prove an actual agreement to forcibly oppose the government, distinguishing ideological venting—protected under the First Amendment—from . The remaining two defendants, Michael Meeks and Joshua Clough, pleaded guilty to lesser firearms offenses, receiving sentences of 32 months and time served, respectively, while others were released after exceeding two years. This outcome underscored the statute's high evidentiary threshold for domestic groups, where prosecutors must demonstrate overt acts toward violence beyond ideological organizing or training, a bar rarely met in militia cases outside foreign-influenced plots. No other successful seditious conspiracy convictions against U.S. or domestic extremist organizations occurred between the acquittals and the early 2020s, reflecting judicial caution against broadening the offense to encompass preparedness absent imminent threats. Federal monitoring of such groups intensified post-2010, with the FBI identifying as a domestic terrorism priority due to stockpiling of weapons and anti-government rhetoric, yet prosecutions typically resulted in weapons or material support charges rather than sedition.

January 6, 2021 Capitol Breach Cases

The U.S. Department of Justice brought seditious conspiracy charges against members of the and in connection with the , 2021, breach of the , alleging that they conspired to use force to oppose the certification of the 2020 presidential election results and prevent the transfer of power to President-elect . These charges, under 18 U.S.C. § 2384, were based on evidence including encrypted communications, planning documents, and coordinated actions such as preparations for a "quick reaction force" outside Washington, D.C., to support operations at the . By mid-2023, at least 18 individuals had been charged with seditious conspiracy related to the events, marking the largest number of such convictions in U.S. history for a single incident. In the Oath Keepers cases, founder Stewart Rhodes and subordinate Kelly Meggs were convicted of seditious conspiracy in the first trial concluding on November 29, 2022, following evidence of their group's organized entry into the Capitol and prior discussions of opposing government authority by force if Trump invoked the Insurrection Act. Rhodes received an 18-year sentence on May 25, 2023, while Meggs was sentenced to 12 years; additional Oath Keepers, including Roberto Minuta, David Moerschel, and Ed Vallejo, were convicted in subsequent trials by June 2023, with sentences ranging from 8 to 15 years. In total, five Oath Keepers were found guilty of the charge, though some co-defendants like Jessica Watkins were acquitted of seditious conspiracy but convicted on related offenses such as obstruction of an official proceeding. The prosecutions yielded four seditious convictions from a ending May 4, 2023, involving leaders Joseph Biggs, , Zachary Rehl, and Pezzola's subordinate actions, supported by Telegram messages coordinating the group's response to perceived election fraud and intent to halt certification. Former national chairman , who was not physically present at the , was convicted separately on October 4, 2023, for directing the remotely, receiving a 22-year sentence on September 5, 2023—the longest imposed in cases at that time. Biggs, Nordean, and Rehl received sentences of 17 to 20 years each by September 2023. Pezzola was acquitted of seditious but convicted on other charges. No other groups faced seditious conspiracy charges for the , distinguishing these cases from broader and prosecutions exceeding 1,200 individuals by early 2025. On January 21, 2025, President issued clemency that commuted or pardoned sentences for many defendants, including Rhodes and Tarrio, effectively releasing key figures convicted of seditious conspiracy. These outcomes followed trials where defense arguments centered on lack of unified force against the government and First Amendment protections for political expression, though juries found the planning and coordination met the statutory threshold.

Challenges to the Statute's Scope

The seditious conspiracy statute, 18 U.S.C. § 2384, has been challenged on grounds of vagueness, with critics arguing that terms like "force" and "authority of the United States" fail to provide sufficient clarity for defendants to anticipate criminal liability. In United States v. Rahman (189 F.3d 88, 2d Cir. 1999), defendants convicted in connection with plots to bomb New York City landmarks contended the statute was unconstitutionally vague, but the Second Circuit rejected this, holding that the requirement of an agreement to employ physical force or violence against the government provides adequate notice and cabines prosecutorial discretion. Similarly, overbreadth claims—that the law could sweep in protected advocacy without force—have been dismissed, as courts emphasize the statute targets conspiratorial agreements involving force, not abstract speech or belief. As-applied challenges have occasionally succeeded by questioning whether specific conduct falls within the statute's narrow ambit, which demands proof of to oppose governmental through rather than mere disruption or generalized opposition. In the 2010 Hutaree militia case, a federal judge in dismissed seditious conspiracy charges against seven defendants in 2012, ruling that evidence of their anti-government training and discussions of future rebellion did not demonstrate a concrete agreement to forcibly oppose U.S. , as plans remained too speculative and lacked identifiable overt acts targeting government functions. The court found the allegations described "hot talk" rather than an actionable plot, highlighting the statute's high evidentiary threshold for proving directed at itself, not incidental . In prosecutions stemming from the , 2021, breach, defendants from groups like the and have contested the statute's scope by arguing their coordinated actions—such as breaching barriers and entering the building—constituted protected protest or trespass, not a to forcibly prevent execution of the or seize congressional proceedings. While juries convicted leaders including (sentenced to 12 years in 2023) and figures like Joseph Biggs (sentenced to 17 years in 2023), finding sufficient evidence of premeditated force to oppose federal authority, appeals have pressed evidentiary limits on the "force" element, asserting it requires direct armed assault on government rather than interference with legislative processes. As of early 2025, core convictions have withstood initial reviews, though clemency granted by President Trump to figures like underscores ongoing debates over applying a Civil War-era law to contemporary political unrest without clearer delineation of overthrowing intent. Critics further argue the statute's scope, originally enacted in to combat Confederate , risks elastic expansion beyond armed insurrections to encompass riots or organized lacking existential to the , potentially conflating policy opposition with forcible . Courts have countered by interpreting "force" to mean physical or intimidation specifically against governmental operations, distinguishing it from lesser crimes like obstruction, as affirmed in post-January 6 rulings that demand proof of collective agreement to undermine , not isolated violence. These interpretations preserve the law's rarity—fewer than 20 federal convictions prior to —while fueling contention that its post-Civil War framing inadequately addresses modern thresholds for "seditious" acts amid polarized enforcement.

First Amendment Implications

The seditious conspiracy statute, 18 U.S.C. § 2384, criminalizes agreements by two or more persons to overthrow the U.S. government or oppose its authority "by force," prompting First Amendment scrutiny over whether such prosecutions impermissibly punish speech or association critical of government. Courts have uniformly rejected facial constitutional challenges, holding that the statute targets conspiratorial agreements involving intended or violence, which fall outside protections for abstract advocacy or political expression under (1969), which immunizes speech absent incitement to . In (1957), the reversed convictions under the for conspiring to advocate overthrow of the government, ruling that the First Amendment safeguards "the teaching and advocacy of abstract doctrine" but not specific to unlawful action through force or violence as a means of achievement. This distinction has shaped seditious conspiracy , emphasizing that § 2384 requires proof of intent to employ force—evidenced by planning, procurement of weapons, or coordinated acts—rather than mere rhetorical opposition or ideological association. Legal scholars note that while conspiracy doctrines broadly can chill speech by punishing preemptive agreements, the force element in § 2384 narrows its scope to unprotected conduct, mitigating overbreadth risks. Federal appellate courts have upheld the statute's constitutionality as applied in cases involving violent plots, such as United States v. Rahman (2d Cir. 1999), where convictions of Islamist militants for plotting bombings were affirmed despite First Amendment claims; the court reasoned that § 2384 proscribes only conspiracies to violate laws by force, not "mere advocacy of the use of force or violation of law" absent agreement to act. Similarly, in prosecutions of domestic groups like the for 1995 plots, courts rejected arguments that preparatory discussions constituted protected speech, citing evidence of armed reconnaissance and intent to forcibly seize federal property. In the January 6, 2021, Capitol breach prosecutions, defendants including leaders invoked the First Amendment to challenge seditious conspiracy indictments, contending their encrypted communications and rally preparations were political expression rather than forcible conspiracy. U.S. District Judge dismissed such defenses pretrial, ruling that evidence of stockpiled weapons, tactical gear, and coordinated disruption of electoral certification demonstrated agreement to oppose lawful authority by force, unprotected under and Yates. Juries convicted figures like leader and chairman on these charges in 2022–2023, with appeals centering on evidentiary sufficiency rather than facial invalidity, underscoring judicial consensus that § 2384 survives as-applied First Amendment review when force intent is proven. Critics, including defense attorneys in rare post-conviction challenges, argue that § 2384's lack of an overt-act requirement risks ensnaring expressive planning, potentially enabling against ideologies; however, empirical data from prosecutions—predominantly against groups employing or intending violence, such as Islamist networks (e.g., 1993 World Trade Center plotters) and militias—shows consistent application tied to tangible forcible elements, not ideological speech alone. No decision has invalidated § 2384, affirming its compatibility with First Amendment limits on unprotected conspiratorial conduct.

Claims of Prosecutorial Overreach

Defense attorneys in seditious conspiracy trials stemming from the January 6, 2021, Capitol breach have alleged prosecutorial overreach, contending that the U.S. Department of Justice (DOJ) stretched the statute's requirements beyond the presented. The seditious conspiracy law, 18 U.S.C. § 2384, requires proof of an agreement by two or more persons to overthrow the government by force, oppose its authority by force, or prevent the execution of any law by force. Critics argue that while defendants like leader discussed contingency plans involving armed support for then-President , these did not constitute a specific agreement to forcibly oppose federal authority, as the group positioned their preparations as defensive against anticipated civil unrest rather than an offensive plot against the government. In the Oath Keepers' cases, including the conviction of chapter leader , who received a 12-year sentence alongside ' 18 years, defense counsel maintained that prosecutors overstated the group's actions—such as stacking up to enter the and storing weapons in a hotel—as evidence of a coordinated forcible opposition, when testimony and communications suggested aims limited to protecting lawmakers or supporting electoral challenges without direct intent to subvert law execution by violence. Similar claims arose in the trials, where former leader , sentenced to 22 years, publicly denounced the charges as overreach, asserting that leadership discussions and street-level activities on did not meet the threshold for seditious agreement, particularly absent proof of unified force against official proceedings beyond rhetorical escalation. These assertions of overreach gained partial validation in related litigation, as the in Fischer v. (2024) ruled 6-3 that DOJ had improperly expanded the scope of an obstruction (18 U.S.C. § 1512(c)(2)) to encompass rioters' conduct, narrowing its application and prompting dismissals or resentencings in over 300 cases; though not directly governing seditious conspiracy, the decision underscored concerns over prosecutorial theories lacking historical precedent for non-document-destruction interference with congressional functions. Legal observers, including some conservative analysts, have highlighted the rarity of seditious conspiracy convictions—fewer than a dozen federally since , mostly tied to explicit plots like the 1995 precursors—questioning whether evidence, involving disorganized entry and no firearms discharge at the , justified reviving the charge after nearly three decades of disuse, potentially signaling amid perceptions of DOJ politicization under the Biden administration.

Recent Pardons and Political Repercussions

On January 20, 2025, President issued a granting clemency to nearly 1,600 individuals involved in the events at or near the U.S. on , 2021, encompassing full s for most defendants and commutations of sentences for 14 members of groups like the and convicted of seditious conspiracy under 18 U.S.C. § 2384. Among those receiving commutations was , founder of the , sentenced to 18 years for seditious conspiracy in planning armed response stacks and quick-reaction teams during the events. , former chairman, received a full after a 22-year sentence for seditious conspiracy tied to organizing encrypted communications and seditious aims against the government. Kelly Meggs, leader of the ' chapter, had his 12-year sentence for seditious conspiracy commuted to time served; he was convicted for coordinating a civil unrest team and stockpiling weapons in hotels ahead of 6. Other recipients included and Kenneth Harrelson, whose sentences for related seditious conspiracy roles were similarly commuted. These actions fulfilled Trump's pre-inauguration pledges to address what he described as politically motivated prosecutions of non-violent participants and those charged with rare seditious offenses. The pardons sparked sharp political divisions. Democratic figures, such as Representative Norma Torres and Representative Seth Moulton, denounced them as rewarding insurrection and eroding accountability for assaults on over 140 law enforcement officers. Polls indicated broad public opposition, with 73% of Americans, including 54% of Republicans, against pardoning those convicted of assaulting Capitol Police. Among Republicans, Senator Lindsey Graham criticized pardons for violent offenders who "beat up a police officer," highlighting intra-party tensions. Supporters, including Trump allies, hailed the clemency as rectifying DOJ overreach in applying an infrequently used statute—successful in only a handful of cases since 1940—to events they characterized as a against contested certification rather than coordinated . Post-pardon, figures like Tarrio and leaders pursued civil suits alleging constitutional violations in their prosecutions, amplifying debates over the statute's application to political expression. Critics from outlets like the Brennan Center argued the moves endorsed threats to democratic transitions, while proponents countered that selective enforcement revealed institutional biases favoring certain ideologies. The episode fueled ongoing scrutiny of powers, with some analysts predicting long-term erosion of deterrence against organized challenges to federal authority.

References

  1. [1]
    18 U.S. Code § 2384 - Seditious conspiracy - Law.Cornell.Edu
    Seditious conspiracy involves conspiring to overthrow, destroy, or oppose the U.S. government by force, or to seize its property, punishable by up to 20 years ...
  2. [2]
    [PDF] Page 553 TITLE 18—CRIMES AND CRIMINAL PROCEDURE ...
    Section 2384 grants authorized state officials the right to proceed in state court or take enforcement actions for alleged violations of state or other law.
  3. [3]
    U.S. Code Title 18. Crimes and Criminal Procedure § 2384 | FindLaw
    18 U.S.C. § 2384 defines seditious conspiracy as conspiring to overthrow the U.S. government, with penalties of up to 20 years imprisonment or a fine, or both.Missing: text | Show results with:text
  4. [4]
    What is Seditious Conspiracy? | Federal Criminal Defense [2022]
    Feb 21, 2024 · Seditious conspiracy is a federal offense defined in 18 USC § 2384. It occurs when two or more people conspire to “overthrow, put down, or to destroy by force” ...
  5. [5]
    18 U.S. Code Chapter 115 Part I - TREASON, SEDITION, AND ...
    18 U.S. Code Chapter 115 Part I - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES ... § 2384. Seditious conspiracy · § 2385. Advocating overthrow of Government ...2384 - Seditious conspiracy · Rebellion or insurrection · 2381. Treason
  6. [6]
    EXPLAINER: The seditious-conspiracy charges in Jan. 6 trial
    Jan 20, 2023 · The seditious-conspiracy law was enacted after the Civil War to arrest Southerners who might keep fighting the U.S. government. Sedition cases ...
  7. [7]
    Notable sedition, treason cases in American history | AP News
    Jul 13, 2021 · Seditious conspiracy charges were successfully brought in another, now largely forgotten storming of the Capitol building in 1954. Four pro- ...
  8. [8]
    Four Additional Oath Keepers Sentenced for Seditious Conspiracy ...
    Jun 2, 2023 · The four defendants were found guilty of seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official ...
  9. [9]
    [PDF] THE REVIVAL OF SEDITIOUS CONSPIRACY PROSECUTIONS IN ...
    Mar 28, 2024 · Seditious conspiracy prosecutions in the United States have a long and inconsistent history. Despite the occasional disappointing acquittal ...
  10. [10]
    The Origins of the Doctrine of Sedition - jstor
    Sedition developed in 16th century England due to threats to public order, and was created to suppress political discussion, with its original meaning being ...
  11. [11]
    Sedition in the Common Law Jurisdictions: UK, USA and India
    May 20, 2021 · Sedition was devised as a tool in 13th century Britain to suppress the freedom of the printing press and its ability to criticise the King. The ...Missing: conspiracy | Show results with:conspiracy
  12. [12]
    sedition | Wex | US Law | LII / Legal Information Institute
    Sedition has a long history in Anglo-American common law tradition. Curtis Bright, in Surveillance, Militarism and Drama in the Elizabethan Era, describes how ...Missing: origins | Show results with:origins
  13. [13]
    [PDF] Rage Rhetoric and the Revival of American Sedition
    May 9, 2024 · One case was the trial of Thomas Redhead Yorke around the time of the American Revolu- tion, a seditious conspiracy trial that laid bare the ...<|separator|>
  14. [14]
    William Blackstone | The First Amendment Encyclopedia
    Jan 1, 2009 · In interpreting the common law, Blackstone wrote, in Volume 4 of the Commentaries, “The liberty of the press is indeed essential to the ...
  15. [15]
    William Blackstone: Commentaries on the Laws of England
    Berns argues that the Alien and Sedition Acts represented a liberal improvement on the common law seditious libel as described by Blackstone and that the ...
  16. [16]
  17. [17]
    18 U.S.C. 2384 - Seditious conspiracy - Content Details - GovInfo
    Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES Sec. 2384 - Seditious conspiracy ...
  18. [18]
    Understanding Insurrection and Sedition - CSIS
    Jan 29, 2021 · Under 18 U.S.C. § 2384, “seditious conspiracy” occurs when two or more persons: conspire to overthrow, put down, or to destroy by force the ...
  19. [19]
    [PDF] Elements of Offenses Conspiracy (18 U.S.C. § 371) - Third Circuit
    It is a federal crime for two or more persons to agree or conspire to commit any offense against the United States, even if they never actually achieve their.
  20. [20]
    Federal Conspiracy Law: A Brief Overview - Congress.gov
    Apr 3, 2020 · The first, perhaps thought more pressing at the beginning of the war, was a seditious conspiracy statute. Shortly thereafter, Congress ...
  21. [21]
    Congress and the Law of Seditious Conspiracy, 1859-1861 - jstor
    Willard Hurst, in "Treason in the United States," has argued that the restriction of the meaning of the treason clause has occurred only since the Civil War.
  22. [22]
    Seditious Conspiracy Is the Real Domestic Terrorism Statute | Lawfare
    Apr 7, 2022 · First, while seditious conspiracy requires only “force,” the domestic terrorism statute requires criminal acts that are “dangerous to human life ...
  23. [23]
    What is the rare sedition charge at center of Jan. 6 insurrection trial?
    Sep 28, 2022 · Prosecutors also secured seditious conspiracy convictions in another, now largely forgotten storming of the Capitol building in 1954. Four pro- ...
  24. [24]
    SEDITION APPEAL LOST; Court Affirms Convictions of 13 in Puerto ...
    The United States Court of Appeals affirmed unanimously yesterday the seditious conspiracy convictions of thirteen top leaders of the Puerto Rican Nationalist ...
  25. [25]
    Stanford's David A. Sklansky on Oath Keepers' Seditious Conspiracy ...
    Dec 1, 2022 · Seditious conspiracy is a very serious crime. It means, basically, plotting to use force against the government of the United States. And it ...Missing: prosecutions | Show results with:prosecutions
  26. [26]
    The rare sedition charge filed against Oath Keepers was used before
    Jan 15, 2022 · While seditious conspiracy charges are rare, they were often used throughout the 20th century.
  27. [27]
    Colonialism Crushes the Nationalist Movement in Puerto Rico
    Feb 16, 2023 · U.S. authorities finally began the legal prosecution of Don Pedro on March 5, 1936, when they arrested him on the charge of seditious conspiracy ...
  28. [28]
    When Extremists Stormed the Capitol and Got Convicted ... - Lawfare
    Jan 20, 2021 · ... convicted of seditious conspiracy for masterminding the 1993 World Trade Center bombing. Rahman challenged his conviction by bringing a ...Missing: date | Show results with:date
  29. [29]
    10 PUERTO RICANS GUILTY OF PLOTS; Nationalist Party ...
    McGohey set March 31 for sentencing. The ten face maximum prison terms of six years each and a $5,000 fine. The verdict brought to twenty-seven the number of ...
  30. [30]
    The Legal Work Defending Independentistas in the U.S.
    Nov 2, 2013 · The U.S. then indicted them for seditious conspiracy, the same charge lodged against Albizu Campos and other Nationalist Party members in ...
  31. [31]
    U.S. DEUSTS OFF AN OLD LAW - The New York Times
    Mar 27, 1988 · In several prosecutions since 1980, more than a dozen Puerto Rican nationalists have been found guilty of seditious conspiracy and given lengthy ...
  32. [32]
    [PDF] Native Hawaiian Sovereignty and the Second "Trial of the Century"
    They are charged with conspiracy, incitement to riot, interference with the work of officers, or obstruction ofjustice. Only a few historians of. Hawaii now ...
  33. [33]
    United States v. Rahman, 854 F. Supp. 254 (S.D.N.Y. 1994) :: Justia
    Count One of the indictment charges a seditious conspiracy to levy a war of urban terrorism against the United States through a series of violent acts ...Missing: details | Show results with:details
  34. [34]
    Oath Keepers: Two members of far-right militia guilty of US sedition
    Nov 29, 2022 · This was the first conviction of seditious conspiracy in the US since 1995, when 10 Islamist militants were convicted for trying to plant ...Missing: post | Show results with:post
  35. [35]
    Proud Boys leader Tarrio charged with sedition for role in ... - Reuters
    Jun 7, 2022 · ... Islamist militants including Sheikh Omar Abdel Rahman, the radical Islamic clergyman known as the "Blind Sheikh." Seditious conspiracy charges ...
  36. [36]
    Seditious conspiracy is rarely proven. The Oath Keepers trial is a ...
    Jan 28, 2022 · The founder of the far-right Oath Keepers militia and nine alleged co-conspirators will be the first to face trial on seditious conspiracy charges.
  37. [37]
    Omar Abdel Rahman's Death Stirs Memories of 1993 Attack
    Feb 19, 2017 · He wasn't convicted in the bombing of the World Trade Center, but Mr. Abdel Rahman will forever be linked to a tense time in New York, ...Missing: details | Show results with:details
  38. [38]
    Far-right Oath Keepers first to be charged with seditious conspiracy ...
    Jan 13, 2022 · ... Islamist militants including Sheikh Omar Abdel Rahman, the radical Islamic clergyman known as the "Blind Sheikh." Seditious conspiracy charges ...
  39. [39]
    United States v. Rahman | CECC
    Convicting ten appellants of various offenses, including seditious conspiracy, in connection with a plot to bomb the World Trade Center and bridges and tunnels ...
  40. [40]
    The Oath Keepers Got Convicted. Now What? - POLITICO
    Dec 2, 2022 · ... U.S. District Judge Amit Mehta on charges of seditious conspiracy in the Jan. ... Muslim extremists was found guilty of seditious ...
  41. [41]
    Nine Members of a Militia Group Charged with Seditious Conspiracy ...
    Mar 29, 2010 · The indictment also alleges that the Hutaree planned to kill an unidentified member of local law enforcement and then attack the law enforcement ...Missing: details | Show results with:details
  42. [42]
    The Last Time the Justice Department Prosecuted a Seditious ...
    Feb 24, 2021 · Before the Hutaree case, the Justice Department had brought seditious conspiracy charges only three times in the previous 20 years: twice ...
  43. [43]
    Directed Acquittal in Seditious Conspiracy Prosecution of Hutaree ...
    Mar 29, 2012 · As readers may recall, the government alleged that the defendants plotted to kill a local policeman in hopes of attracting a large crowd of law ...Missing: details | Show results with:details<|separator|>
  44. [44]
    Hutaree militia acquitted of sedition charge - BBC News
    Mar 27, 2012 · Seven members of a US militia based in Michigan are acquitted of charges of sedition and conspiracy to use weapons of mass destruction.Missing: details | Show results with:details
  45. [45]
    Oath Keepers face seditious conspiracy charges. DOJ has ... - NPR
    Feb 1, 2022 · Two seditious conspiracy cases in the late 1980s, including one in ... A supporter of Puerto Rican nationalist Oscar Lopez Rivera holds a painting ...
  46. [46]
    Domestic Terrorism: Focus on Militia Extremism - FBI
    Sep 22, 2011 · Domestic Terrorism. Focus on Militia Extremism. Seized Cache of Guns. A cache of guns seized from militia extremists.
  47. [47]
    Four Oath Keepers Found Guilty of Seditious Conspiracy Related to ...
    Jan 23, 2023 · Jessica Watkins, Kenneth Harrelson, and Thomas Caldwell were also convicted of related felony charges in that first trial. All nine defendants ...
  48. [48]
    Jury Convicts Four Leaders of the Proud Boys of Seditious ...
    May 4, 2023 · “Today, the Justice Department secured the conviction of four leaders of the Proud Boys for seditious conspiracy related to the January 6th ...
  49. [49]
    Court Sentences Two Oath Keepers Leaders on Seditious ...
    May 25, 2023 · “More people were convicted of seditious conspiracy in connection with the siege of the Capitol on January 6, 2021, than any other criminal ...
  50. [50]
    [PDF] REPORT - The Committee on House Administration's January 6 ...
    Jan 6, 2025 · • 18 have been charged with seditious conspiracy;. 40 Gov't's ... • Preparation for the January 6, 2025, Joint Session of Congress;.
  51. [51]
    2 more Oath Keepers are sentenced to prison terms for Jan. 6 attack
    May 27, 2023 · A federal jury acquitted Watkins and Harrelson of the seditious conspiracy charge that Oath Keepers founder Stewart Rhodes was found guilty of ...Missing: outcomes | Show results with:outcomes<|separator|>
  52. [52]
    Proud Boys Leaders Sentenced to Prison for Roles in Jan. 6 Capitol ...
    Sep 1, 2023 · ... breach of the U.S. Capitol on Jan. 6, 2021. Defendant Nordean was previously convicted of seditious conspiracy. According to court documents ...
  53. [53]
    January 6 rioters: Understanding their charges and convictions - CNN
    Jan 26, 2025 · While Trump pardoned virtually all of the 1,270 convicted rioters, he withheld pardons for now from 14 members of far-right extremist groups ...
  54. [54]
    Trump's Jan. 6 clemency releases former Proud Boys leader ... - PBS
    Jan 21, 2025 · ... sentences for seditious conspiracy in the Jan. 6 attack on the U.S. Capitol were wiped away by a sweeping order from President Donald Trump ...
  55. [55]
    Extremist groups were found guilty of seditious conspiracy for Jan. 6 ...
    May 11, 2023 · Six members of the far-right militia group the Oath Keepers, including its leader Stewart Rhodes, were convicted of similar sedition charges in ...Missing: domestic excluding
  56. [56]
    UNITED STATES v. RAHMAN (1999) - FindLaw Caselaw
    These are appeals by ten defendants convicted of seditious conspiracy and other offenses arising out of a wide-ranging plot to conduct a campaign of urban ...
  57. [57]
    Conspiracy charges dropped against Hutaree militia - MLive.com
    Mar 27, 2012 · U.S. District Judge Victoria Roberts granted requests for acquittal on the most serious charges: conspiring to commit sedition, or rebellion, ...<|separator|>
  58. [58]
    Oath Keepers face seditious conspiracy charges. DOJ has mixed ...
    Feb 1, 2022 · The judge dismissed the case after finding that there was insufficient evidence of a conspiracy. Barbara McQuade, who was the U.S. attorney in ...
  59. [59]
    Seditious Conspiracy: What to Make of the Latest Oath Keepers ...
    To satisfy the former, the standard elements of conspiracy apply: an agreement between multiple people to commit some unlawful act.
  60. [60]
    Oath Keepers' Stewart Rhodes released from prison after Trump Jan ...
    Jan 21, 2025 · 'It's a good day for America,' Oath Keepers' Stewart Rhodes says after clemency. Rhodes had been convicted of seditious conspiracy, obstruction ...
  61. [61]
    Yates v. United States | 354 U.S. 298 (1957)
    "Any advocacy or teaching which does not include the urging of force and violence as the means of overthrowing and destroying the Government of the United ...
  62. [62]
    [PDF] Conspiracy Law's Threat to Free Speech
    This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model.
  63. [63]
    Judge rejects First Amendment defense in Jan. 6 Capitol case
    Dec 29, 2021 · A federal judge refused to dismiss an indictment charging four alleged leaders of the far-right Proud Boys with conspiring to attack the US Capitol.<|control11|><|separator|>
  64. [64]
    First Amendment Hurdle for Oath Keepers Seditious Conspiracy ...
    Jun 12, 2024 · The First Amendment also may pose a significant hurdle for prosecutors trying to prove seditious conspiracy. Although it does not protect speech ...Missing: challenges | Show results with:challenges
  65. [65]
    U.S.: Oath Keepers, Rhodes attacked 'bedrock of democracy' on Jan. 6
    Oct 3, 2022 · Rhodes's lawyer decries 'government overreach,' saying far-right group only brought arms in case Trump called on militia to help overturn ...
  66. [66]
    Second Oath Keeper seditious conspiracy trial begins - CBS News
    Dec 12, 2022 · Each has pleaded not guilty and their defense attorneys maintain the government's allegations overreach what the case's evidence can reasonably ...
  67. [67]
    Ex-Proud Boys head rails against DOJ in Twitter Spaces event as ...
    Apr 26, 2023 · 6 defendants, and that the criminal conspiracy charges against some Jan. 6 defendants were overreach. "I'm going to be dead honest: If you ...
  68. [68]
    Proud Boys Leader Sentenced to 22 Years in Prison for Seditious ...
    Sep 5, 2023 · Henry “Enrique” Tarrio, 39, of Miami, Florida, was sentenced to 22 years in prison and 36 months of supervised release.Missing: overreach | Show results with:overreach
  69. [69]
  70. [70]
    Supreme Court casts doubt on hundreds of Jan 6 cases - BBC
    Jun 28, 2024 · Federal prosecutors overreached when using an obstruction law to charge hundreds of January 6 rioters, the Supreme Court has ruled in an opinion that could ...
  71. [71]
    Granting Pardons And Commutation Of Sentences For Certain ...
    Jan 20, 2025 · ... 2025: • Stewart Rhodes. • Kelly Meggs. • Kenneth Harrelson. • Thomas Caldwell. • Jessica Watkins. • Roberto Minuta. • Edward Vallejo. • David ...
  72. [72]
    The most high-profile Jan 6 defendants to receive clemency from ...
    Jan 20, 2025 · Tarrio, the former chairman of the far-right Proud Boys, received a full pardon from Trump. Tarrio was convicted of crimes including seditious ...<|separator|>
  73. [73]
    Stewart Rhodes, convicted of seditious conspiracy and released by ...
    Jan 22, 2025 · Stewart Rhodes, the far-right Oath Keepers extremist group founder convicted of seditious conspiracy in the Jan. 6, 2021 attack visited Capitol Hill Wednesday.
  74. [74]
    Trump offers long-promised pardons to some 1500 January 6 rioters
    Jan 20, 2025 · President Trump issued pardons for some 1,500 defendants who participated in the siege on the U.S. Capitol four years ago, including the ...
  75. [75]
    Trump pardoned Proud Boys, Oath Keepers leaders. Who are they?
    Jan 22, 2025 · Both men were prosecuted for helping plan the insurrection, and both were convicted of seditious conspiracy. Tarrio received a 22-year sentence.
  76. [76]
    The January 6 pardons: Who has Trump ordered to be released?
    Jan 23, 2025 · Kelly Meggs: the leader of the Florida chapter of the Oath Keepers, also sentenced for seditious conspiracy; Kenneth Harrelson: an Oath ...
  77. [77]
    Trump Jan. 6 pardons: Roughly 1,500 criminal defendants charged ...
    Jan 21, 2025 · Trump commuted the sentences of individuals associated with the Proud Boys and Oath Keepers, who were convicted of seditious conspiracy. He ...
  78. [78]
    Congresswoman Norma Torres Condemns President Trump's ...
    Jan 21, 2025 · ... January 6, 2021. Among those pardoned were individuals convicted of seditious conspiracy and others who assaulted law enforcement officers ...
  79. [79]
    Moulton Statement on Trump January 6th Pardons
    Jan 21, 2025 · “The Founding Fathers warned us against leaders like Donald Trump, and they were right. Trump's decision to pardon 1,500 January 6th criminals— ...
  80. [80]
    New poll finds Republicans oppose pardons for violent January 6 ...
    Jan 16, 2025 · 73% of Americans oppose pardons for those convicted of assaulting Capitol Police officers, including 54% of Republicans; 56% of Americans oppose ...
  81. [81]
    Lindsey Graham criticises Trump pardons for violent Jan 6 offenders
    Jan 26, 2025 · Republican Lindsey Graham said it was a mistake to pardon anyone who "beat up a police officer" at US Capitol.
  82. [82]
    Leading Republicans wrongfooted by Trump's sweeping January 6 ...
    Jan 23, 2025 · The inauguration day pardons also threatened to trigger a revolt among Republican senators, several of whom bluntly condemned them without ...
  83. [83]
    Trump supporters celebrate pardon of Jan. 6 rioters - VOA
    Jan 21, 2025 · Tom Jeffries of Virginia said he was “somewhat disappointed” that Trump didn't mention the Jan. 6 defendants during his inaugural address.
  84. [84]
    Proud Boys leaders pardoned by Trump sue over Jan. 6 convictions
    Jun 6, 2025 · Five leaders of the Proud Boys sued the federal government on Friday, alleging their constitutional rights were violated when they were prosecuted for their ...
  85. [85]
    Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on ...
    Jan 3, 2025 · If Trump pardons January 6 rioters, he would be using the pardon power to erase an attack on Constitution and country.<|separator|>
  86. [86]
    Trump's Pardons: Political Violence, Hate Groups, and the Rule of Law
    Feb 6, 2025 · On January 20, newly sworn-in President Trump, in one of his first official acts, issued a sweeping grant of clemency to all of the rioters charged.