Capitol Riot Prosecutors Run a Big Risk in Pursuing a ‘Sedition’ Case

Protesters clash with Capitol police at a rally to contest the certification of the 2020 presidential election results at the U.S. Capitol Building in Washington, D.C., January 6, 2021. (Shannon Stapleton/Reuters)
There must be accountability, and that cause would not be served by a raft of acquittals.

NRPLUS MEMBER ARTICLE S uddenly there is enthusiasm over the prospect of prosecutions for seditious conspiracy, which was made a federal crime during the Civil War and is now codified by Section 2384 of the federal penal code. Last summer, when then-attorney general Bill Barr touted the statute as a potential vehicle for prosecuting violent rioters, the prospect was greeted with decidedly less enthusiasm.

As with insurrection, a concept whose mere utterance was grounds for ostracism a few months back (just ask Senator Tom Cotton), sedition is back in vogue now that the miscreants at issue are anathema to Democrats, rather than the party’s avatars


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