Seditious conspiracy

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Seditious conspiracy is a crime in various jurisdictions of conspiring against the authority or legitimacy of the state. As a form of sedition, it has been described as a serious but lesser counterpart to treason, targeting activities that undermine the state without directly attacking it. [1]

Contents

Common law

In common law jurisdictions, seditious conspiracy is an agreement by two or more persons to do any act with the intention to excite hatred or contempt against the persons or institutions of state, to excite the alteration by unlawful means of a state or church matter established by law, to raise discontent among the people, or to promote ill will and enmity between classes. Criticising a policy or state institution for the purpose of obtaining lawful reform is not seditious. [2] Seditious conspiracy, like other forms of sedition, developed during the late medieval period to apply to activities that threatened the social order but fell short of constructive treason. Enforcement of both types of offence under the Tudors and Stuarts grew increasingly harsh; courts judged the accused's intentions suspiciously, allowing juries to decide only whether the alleged events had occurred. A trend of jury nullifications in the 18th century ultimately limited the scope of seditious crimes. [3]

Charges of seditious conspiracy were notably brought in the United Kingdom against Irish radicals and Chartists in the 19th century [2] [4] before being abolished in 2010. [5] The charge has been used against labour activists in both Canada and Australia, such as the leaders of the 1919 Winnipeg general strike and the Sydney Twelve. In British India, the charge was used to imprison independence activists, and the extension of their imprisonment by the 1919 Rowlatt Act led to Mahatma Gandhi's call for nonviolent resistance.

In Canada, the maximum sentence for seditious conspiracy is 14 years in jail. [6]

United States

In the United States, seditious conspiracy is codified at 18 U.S.C.   § 2384:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, 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 law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined or imprisoned not more than 20 years, or both.

This law was enacted in 1861 after secessionists gained control of most slaveholding states as the Confederate States of America, although it was originally sought by Senator Stephen A. Douglas in response to John Brown's 1859 raid on a federal arsenal. A substantially similar offense appeared in the Sedition Act of 1798 signed by President John Adams to suppress the Democratic-Republican Party's criticisms of the Quasi-War. [7] However, the law was deeply unpopular and was allowed to expire after Thomas Jefferson defeated Adams in the 1800 presidential election. After Nat Turner's Rebellion, the Virginia General Assembly amended the state slave codes to enact charges similar to seditious conspiracy against slaves and free blacks who held unauthorized assemblies or led slave rebellions. [8] [9]

Notable cases

Puerto Rican nationalists

Puerto Rican nationalists seeking the island's independence from the United States have been charged and convicted on multiple occasions. In 1936, Pedro Albizu Campos and other leaders of the Puerto Rican Nationalist Party were prosecuted. Another seventeen members of the PRNP were charged after four of them carried out the 1954 Capitol shooting. In 1980, Puerto Rican Nationalist Carmen Valentín Pérez and nine others were charged, and were each given sentences of up to 90 years in prison. [10]

Far-right groups

Seditious conspiracy charges have been brought several times against far-right groups. In 1940, the government arrested seventeen members of the Christian Front, followers of fascistic broadcaster Father Charles Coughlin. All of the charges ended in dismissal or acquittal. [11] Edwin Walker, a former Army Major General, was arrested for seditious conspiracy and insurrection in 1962 after he incited a segregationist riot to prevent the admission of black student James Meredith at the University of Mississippi; the charges were dismissed. In the 1987 Fort Smith sedition trial, Louis Beam and nine other white supremacists were indicted for the activities of The Order and The Covenant, The Sword, and the Arm of the Lord. All ten defendants and four other defendants indicted for different crimes were acquitted in April 1988 after a two-month trial.

In 2010 the United States Department of Justice attempted to prosecute the Christian nationalist Hutaree militia of Lenawee County, Michigan, for seditious conspiracy. Judge Victoria A. Roberts of the United States District Court for the Eastern District of Michigan ordered the seditious conspiracy charges to be dismissed under First Amendment grounds. [12] [13]

January 6 attacks

Several members of American far-right militias were charged with seditious conspiracy for their participation in the January 6 United States Capitol attack, in which a mob of the outgoing President Donald Trump's supporters attacked the United States Capitol in an attempt to prevent the 2021 United States Electoral College vote count formally certifying his successor Joe Biden's victory in the 2020 United States presidential election.

Nine Oath Keepers have been found guilty of seditious conspiracy to stop the presidential transition of Joe Biden. [14] [15] [16]

Kelly Meggs Kelly Meggs mug shot.jpg
Kelly Meggs
  • In May 2022, three Oath Keeper members pled guilty to this charge. [17]
  • In November 2022, leader Stewart Rhodes and Kelly Meggs, a leader in Florida, were convicted of this charge. [18] Rhodes was later sentenced to 18 years and Meggs to 12 years. [19]
  • In January 2023, four more Oath Keepers were convicted of this charge. [20]

Three other Oath Keeper leaders were acquitted of the seditious conspiracy charge. [21]

In June 2022, five Proud Boys leaders, including their former chairman Enrique Tarrio, were similarly charged. [22] In October, a sixth Proud Boy leader pled guilty to seditious conspiracy, as well as a weapons charge, as part of a cooperation agreement. [23] On May 4, 2023, Tarrio and three of the other Proud Boys leaders were found guilty of seditious conspiracy. [24] On September 5, 2023, Tarrio was sentenced to 22 years in federal prison. During sentencing, stating the reasoning behind the lengthy sentence, Judge Timothy J. Kelly quoted the seditious conspiracy statute, stating that Tarrio committed a “serious offense” and that he was the "ultimate leader of that conspiracy...motivated by revolutionary zeal.” [25]

After the public hearings of the United States House Select Committee on the January 6 Attack, some legal analysts and political commentators argued that enough evidence existed for an indictment of Trump himself for seditious conspiracy either in connection with the attack or his attempts to overturn the 2020 United States presidential election in general. [26] [27] [28] President Biden and certain special interest groups such as the National Association of Manufacturers had already previously accused Trump of sedition for his speech at the rally before the attack. [8] Members of the House January 6 Committee were alarmed at Cassidy Hutchinson's testimony that the driver of Trump's car told her that Trump demanded to be driven to the Capitol and lunged for the wheel of the presidential SUV. [29] United States Department of Justice prosecutors involved in the seditious conspiracy cases against the Proud Boys and the Oath Keepers attempted to block the defendants from blaming Trump in their defenses on the basis that he had no political authority to order such a conspiracy. [30]

Islamist terrorism

In 1995 Sheikh Omar Abdel-Rahman, a prominent Muslim cleric, and nine others were convicted of seditious conspiracy for planning to bomb New York City landmarks after the 1993 World Trade Center bombing. [31]

In 1996, after his Declaration of War against the Americans Occupying the Land of the Two Holy Places stating al-Qaeda's intention to carry out terrorist attacks on the United States, the United States Attorney for the Southern District of New York allowed the Federal Bureau of Investigation to begin investigating Osama bin Laden under the charge of seditious conspiracy. [32]

Others

The government charged three members of the Buffalo, New York-based El Ariete Society, a communist group, in 1920. The defendants were acquitted by a judge as the government failed to prove that the defendants had any connection with the seditious publications that were presented as evidence, or that any active conspiracy had existed. [33]

Three members of the United Freedom Front, a Marxist group, were convicted in 1989 for a series of attacks against corporate, government, and military targets. [34]

See also

Related Research Articles

Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.

<span class="mw-page-title-main">Oath Keepers</span> American far-right organization since 2009

Oath Keepers is an American far-right anti-government militia whose leaders have been convicted of violently opposing the government of the United States, including the transfer of presidential power as prescribed by the United States constitution. It was incorporated in 2009 by founder Elmer Stewart Rhodes, a lawyer and former paratrooper. In 2023, Rhodes was sentenced to 18 years for seditious conspiracy for his role in the January 6 United States Capitol attack, and another Oath Keepers leader, Kelly Meggs, was sentenced to 12 years for the same crime. Three other members have pleaded guilty to this crime, and four other members have been convicted of it.

<span class="mw-page-title-main">Proud Boys</span> North American neo-fascist organization

The Proud Boys is an exclusively male North American far-right, neo-fascist militant organization that promotes and engages in political violence. The group's leaders have been convicted of violently opposing the United States government, including the constitutionally prescribed transfer of presidential power. It has been called a street gang and was designated as a terrorist group in Canada and New Zealand. The Proud Boys are known for their opposition to left-wing and progressive groups and for their support of former U.S. President Donald Trump. While Proud Boys leadership has denied being a white supremacist organization, the group and some of its members have been connected to white supremacist events, ideologies, and other white power groups throughout its existence.

<span class="mw-page-title-main">Timothy J. Kelly</span> American judge (born 1969)

Timothy James Kelly is a United States district judge of the United States District Court for the District of Columbia and former chief counsel for national security and senior crime counsel to the Senate Judiciary Committee.

<span class="mw-page-title-main">Enrique Tarrio</span> American far-right activist (born 1984)

Henry "Enrique" Tarrio is an American convicted seditionist and far-right activist. From 2018 to 2021, he was the chairman of the Proud Boys, a far-right neo-fascist organization that promotes and engages in political violence in the United States. Along with three other Proud Boys leaders, Tarrio was convicted in May 2023 of seditious conspiracy for his role in the 2021 United States Capitol attack. In September 2023, Tarrio was sentenced to 22 years in prison.

<span class="mw-page-title-main">Joe Biggs</span> American felon and former Proud Boys organizer (born 1980s)

Joseph Randall Biggs is an American veteran, media personality, organizer of the Proud Boys, and convicted felon for his participation in the January 6 United States Capitol attack.

<span class="mw-page-title-main">Stewart Rhodes</span> Oath Keepers leader and January 6, 2021 seditionist (born 1966)

Elmer Stewart Rhodes III is an American former attorney and convicted seditionist. He founded the Oath Keepers, an American far-right anti-government militia. In November 2022, he was convicted of seditious conspiracy and evidence tampering related to his participation in the January 6 United States Capitol attack culminating at the main campus of the United States Capitol complex. On May 23, 2023, he was sentenced to 18 years in prison.

<span class="mw-page-title-main">January 6 United States Capitol attack</span> 2021 attempt to prevent presidential electoral vote count

On January 6, 2021, the United States Capitol Building in Washington, D.C., was attacked by a mob of supporters of then-U.S. president Donald Trump, two months after his defeat in the 2020 presidential election. They sought to keep Trump in power by occupying the Capitol and preventing a joint session of Congress counting the Electoral College votes to formalize the victory of President-elect Joe Biden. The attack was ultimately unsuccessful in preventing the certification of the election results. According to the bipartisan House select committee that investigated the incident, the attack was the culmination of a seven-part plan by Trump to overturn the election.

<span class="mw-page-title-main">Ethan Nordean</span> American neo-fascist

Ethan Nordean, also known as Rufio Panman, is an American far-right political activist, convicted felon and a leader of the Proud Boys, an all-male neo-fascist organization that engages in political violence.

<span class="mw-page-title-main">Dominic Pezzola</span> American

Dominic Pezzola is an American convicted felon and member of the Proud Boys who participated in the January 6 United States Capitol attack, a violent attack at the U.S. Capitol. He is best known for stealing a police riot shield and using it to break a Capitol window on January 6, 2021, making him the first rioter to breach the building. Indicted in 2021, on federal charges, he was tried in 2023 alongside Proud Boys leader Enrique Tarrio and his key lieutenants, Ethan Nordean, Joseph Biggs, and Zachary Rehl. In May 2023, following a five-month jury trial, Pezzola was convicted of obstructing a congressional proceeding, assaulting a police officer, and other crimes. He was acquitted of seditious conspiracy, the most serious charge. The jury deadlocked on other charges against Pezzola, including conspiring to obstruct the counting of the electoral votes.

<span class="mw-page-title-main">Criminal proceedings in the January 6 United States Capitol attack</span> List of people charged with crimes

On January 6, 2021, supporters of then President Donald Trump attacked the U.S. Capitol Building, disrupting the joint session of Congress assembled to count electoral votes to formalize Joe Biden's victory in the 2020 United States Presidential Election. By the end of the month, the Federal Bureau of Investigation (FBI) had opened more than 400 case files and issued more than 500 subpoenas and search warrants related to the riot. The FBI also created a website to solicit tips from the public specifically related to the riot and were especially assisted by the crowdsourced sleuthing group Sedition Hunters. By the end of 2021, 725 people had been charged with federal crimes. That number rose to 1,000 by the second anniversary of the attack, and to 1,200 by the third anniversary, at which point over 890 people had been found guilty of federal crimes. These federal cases are handled by the U.S. Attorney's Office for the District of Columbia (D.C.). State cases, of which there are fewer, are handled in the D.C. Superior Court.

Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 in reaction to the Enron scandal, and closed a legal loophole on who could be charged with evidence tampering by defining the new crime very broadly.

<i>1776 Returns</i> Plan for takeover of US government buildings on January 6

1776 Returns is the title of a document that outlined strategic plans for the takeover of US government buildings on January 6, 2021. It was circulated among the Proud Boys organization. The nine-page document was sent to Enrique Tarrio, chairman of the Proud Boys, one week before the January 6 United States Capitol attack, by a Miami-based cryptocurrency promoter named Eryka Gemma Flores, who was romantically linked to Tarrio.

<span class="mw-page-title-main">United States Justice Department investigation into attempts to overturn the 2020 presidential election</span> Criminal investigation of Trump 2020

The United States Justice Department investigation into attempts to overturn the 2020 presidential election began in early 2021 with investigations and prosecutions of hundreds of individuals who participated in the January 6, 2021 attack on the United States Capitol. By early 2022, the investigation had expanded to examine Donald Trump's inner circle, with the Justice Department impaneling several federal grand juries to investigate the attempts to overturn the election. Later in 2022, a special counsel was appointed. On August 1, 2023, Trump was indicted. The indictment also describes six alleged co-conspirators.

<span class="mw-page-title-main">Kelly Meggs</span> American insurrectionist (born 1969)

Kelly Meggs is an American convicted felon who previously led the Oath Keepers' Florida chapter. He was found guilty of seditious conspiracy following his forced entry into the United States Capitol during the January 6 United States Capitol attack. Meggs was sentenced to 12 years in prison.

Roberto Antonio Minuta is a tattoo artist and a member of the Oath Keepers, who in 2023 was found guilty of seditious conspiracy after forcing his way into the United States Capitol building during the January 6 United States Capitol attack in 2021.

Stanley Edmund Woodward Jr. is an American attorney with Brand Woodward Law. His clients have included those subpoenaed or convicted for the January 6 United States Capitol attack, and aides to Donald Trump.

<span class="mw-page-title-main">Planning of the January 6 United States Capitol attack</span>

After Donald Trump lost the 2020 United States presidential election, multiple individuals plotted to use force to stop the peaceful transition of power; this was one aspect of what eventually led to the January 6 attack on the United States Capitol. Fourteen members of the Oath Keepers and Proud Boys militias were convicted of seditious conspiracy for planning and leading the attack, while an unidentified pipe-bomber remains at-large.

Ryan Stephen Samsel is an American convicted criminal who participated in the January 6 United States Capitol attack. He was charged with several crimes, including forcibly assaulting federal officers; engaging in physical violence in a restricted building or grounds; carrying out an act of physical violence in the Capitol grounds; and obstruction of an official proceeding—the United States Congress’s efforts to certify the election results. Samsel has been in custody since his arrest; his bench trial began in October 2023. In February 2024, he was found guilty.

References

  1. ↑ Chapin, Bradley (2010). Criminal Justice in Colonial America, 1606-1660. University of Georgia Press. ISBN   9-780-8203-3691-6.
  2. 1 2 Stephen, James Fitzjames (1883). A Digest of the Criminal Law (PDF).
  3. ↑ Cressy, David (2010). Dangerous Talk.
  4. ↑ Belchem, John (2000). "Micks on the make on the Mersey". Merseypride: Essays in Liverpool Exceptionalism. Oxford University Press. p. 142. ISBN   9781846310102.
  5. ↑ "Coroners and Justice Act 2009: Section 73", legislation.gov.uk , The National Archives, 2009 c. 25 (s. 73), retrieved 19 September 2015
  6. ↑ Izadi, Melody (6 January 2021). "What You Didn't Know was a Crime in Canada". LawNow.
  7. ↑ Tarrant, Catharine M. (13 September 1971). "To 'insure domestic Tranquility': Congress and the Law of Seditious Conspiracy, 1859-1861". The American Journal of Legal History. 15 (2): 107–123. doi:10.2307/844230. JSTOR   844230.
  8. 1 2 Schuessler, Jennifer (1 August 2021). "'Sedition': A complicated history". Baltimore Sun. Retrieved 5 September 2022.
  9. ↑ "Laws Passed, March 15, 1832". nat-turner. Retrieved 6 September 2022.
  10. ↑ ProLIBERTAD: ProLIBERTAD Campaign for the Freedom of Puerto Rican Political Prisoners and Prisoners of War: Arm the Spirit 30 October 1995. Hartford-hwp.com May 29, 2013.
  11. ↑ Gallagher, Charles (2021). Nazis of Copley Square: Forgotten stories of the Christian Front.
  12. ↑ Tangalakis-Lippert, Katherine. "What is the potential penalty if someone is convicted of 'seditious conspiracy'". Business Insider. Retrieved 5 September 2022.
  13. ↑ Schulz, Jacob (24 February 2021). "The Last Time the Justice Department Prosecuted a Seditious Conspiracy Case". Lawfare. Retrieved 5 September 2022.
  14. ↑ "Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach". www.justice.gov. 13 January 2022. Retrieved 5 September 2022.
  15. ↑ Malin, Alexander; Barr, Luke (13 January 2022). "DOJ indicts Oath Keepers leader, members on seditious conspiracy charges involving Jan. 6 attack". ABC News. Retrieved 13 January 2022.
  16. ↑ Lucas, Ryan (2 January 2022). "Oath Keepers face seditious conspiracy charges. DOJ has mixed record with such cases". NPR.org. Retrieved 5 September 2022.
  17. ↑ Ryan J. Reilly (4 May 2022). "Third Oath Keepers defendant pleads guilty to sedition in Capitol riot case". NBC News.
  18. ↑ "Two Leaders of Oath Keepers Found Guilty of Seditious Conspiracy and Other Charges Related to U.S. Capitol Breach". www.justice.gov. 29 November 2022. Retrieved 6 December 2022.
  19. ↑ "Oath Keepers founder Stewart Rhodes sentenced to 18 years for seditious conspiracy in Jan. 6 attack". WSOC TV. 25 May 2023. Archived from the original on 26 May 2023. Retrieved 26 May 2023.
  20. ↑ Barnes, Daniel; Brown-Kaiser, Liz; Gregorian, Dareh; Jester, Julia (23 January 2023). "Four Oath Keepers convicted of seditious conspiracy in Jan 6 attack". NBC News.
  21. ↑ Kyle Cheney (29 November 2022). "Jury convicts Oath Keeper leaders of seditious conspiracy". Politico.
  22. ↑ Proud Boys leader Tarrio, 4 top lieutenants charged with seditious conspiracy in widening Jan 6 case, Washington Post , Spencer Hsu, June 6, 2022. Retrieved June 6, 2022.
  23. ↑ Cheney, Kyle (6 October 2022). "Proud Boys leader pleads guilty to seditious conspiracy over Jan. 6 actions". POLITICO. Retrieved 6 October 2022.
  24. ↑ Proud Boys Enrique Tarrio, 3 others guilty of Jan. 6 seditious conspiracy, Washington Post , Spencer Hsu, May 4, 2023. Retrieved May 4, 2023.
  25. ↑ Feuer, Alan (5 September 2023). "Ex-Leader of Proud Boys Sentenced to 22 Years in Jan. 6 Sedition Case". The New York Times. ISSN   0362-4331 . Retrieved 6 September 2023.
  26. ↑ "What is 'seditious conspiracy'? Could Trump face criminal charges for role in Jan. 6 insurrection?". News. 14 June 2022. Retrieved 5 September 2022.
  27. ↑ "Perspective | If Trump is charged, it should be for the worst of his crimes". Washington Post. 12 August 2022. Retrieved 5 September 2022.
  28. ↑ Stening, Tanner (6 July 2022). "How would Donald Trump fare in a jury trial? Why an indictment against the former president is more than likely". News @ Northeastern. Retrieved 5 September 2022.
  29. ↑ Draper, Robert (10 July 2022). "Cassidy Hutchinson: Why the Jan. 6 Committee Rushed Her Testimony". The New York Times. ISSN   0362-4331 . Retrieved 5 September 2022.
  30. ↑ Polantz, Katelyn (30 July 2022). "Justice Department doesn't want Oath Keepers to blame Trump at trial". CNN. Retrieved 5 September 2022.
  31. ↑ Perez-Pena, Richard (2 October 1995). "The Terror Conspiracy—The Charges—A Gamble Pays Off as the Prosecution Uses an Obscure 19th-Century Law (Published 1995)". The New York Times .
  32. ↑ Wright, Lawrence (2006). The Looming Tower: Al-Qaeda and the Road to 9/11 (1 ed.). New York: Vintage Books. p. 5. ISBN   978-0-375-41486-2. OCLC   64592193.
  33. ↑ Chafee, Zechariah Jr. (1920). Freedom of Speech.
  34. ↑ "After 9 Months of Delays, U.S. Tries 3 for Sedition". The New York Times. AP. 12 January 1989. Retrieved 28 October 2009.
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