InsurrectionProsecutors Shift Focus to Possible Seditious Conspiracy in Capitol Insurrection Probe
Since launching a wide-ranging investigation into the U.S. Capitol riot nearly three months ago, federal prosecutors have charged nearly 400 participants in the bloody insurrection with a variety of charges. That represents about half of the estimated 800 supporters of former President Donald Trump who breached the complex on January 6 to try to prevent Congress from certifying Joe Biden’s victory over Trump in the November election. By far the most serious charges have been brought against three dozen or so members of three far-right groups: the Oath Keepers, the Three Percenters and the Proud Boys. Prosecutors are increasingly focused on building the conspiracy cases and considering upping the ante by bringing the little used but far more serious charge of seditious conspiracy.
Since launching a wide-ranging investigation into the U.S. Capitol riot nearly three months ago, federal prosecutors have charged nearly 400 participants in the bloody insurrection with a variety of charges.
That represents about half of the estimated 800 supporters of former President Donald Trump who breached the complex on January 6 to try to prevent Congress from certifying Joe Biden’s victory over Trump in the November election.
With newly confirmed Attorney General Merrick Garland declaring this his top priority, the government is conducting what has been touted as the largest federal criminal investigation in U.S. history, involving hundreds of FBI agents and prosecutors.
The charges range from simple trespassing to assaulting police officers. Nearly 150 involve illegal entry of the Capitol. More than 100 people have been charged with assaulting police officers, including one officer who subsequently died, according to prosecutors.
But by far the most serious charges have been brought against three dozen or so members of three far-right groups: the Oath Keepers, the Three Percenters and the Proud Boys. The charges range from conspiracy to obstruction of an official proceeding. Some have pleaded not guilty while others’ lawyers have denied the charges.
More Serious Charge
Now, prosecutors are increasingly focused on building the conspiracy cases and considering upping the ante by bringing the little used but far more serious charge of seditious conspiracy, which carries up to 20 years in prison, according to current and former law enforcement officials.
In an interview that aired Sunday, federal prosecutor Michael Sherwin, who until last week headed the investigation, told the CBS News program “60 Minutes” that the “evidence is trending toward” bringing seditious conspiracy charges.
“I believe the facts do support those charges,” Sherwin said. “And I think that as we go forward, more facts will support that.”
A seditious conspiracy is defined in federal law as two or more people plotting together to use force to “overthrow” the U.S. government, “oppose” its authority or “prevent, hinder or delay the execution of any law of the United States.”
Given the unprecedented nature of the attack on the Capitol, the seat of the U.S. legislative government, prosecutors began looking into seditious conspiracy charges almost from the start, with Sherwin telling reporters in late January that the “results will bear fruit very soon.”
