NRPLUS MEMBER ARTICLE T wo elements are indispensable to the crime of seditious conspiracy. First, there must be an agreement to use force, as opposed to protesting peacefully — even if rambunctiously. Second is the concept of levying war against the United States or opposing the lawful authority of the United States. Now that the Justice Department has been goaded into charging members of the Oath Keepers with seditious conspiracy for their participation in the Capitol riot, prosecutors may find that these elements pose insuperable challenges to their case.
The indictment filed Thursday necessitates revisiting this subject. It does not, however, change what I’ve already …
Something to Consider
If you enjoyed this article, we have a proposition for you: Join NRPLUS. Members get all of our content on the site including the digital magazine and archives, no paywalls or content meters, an advertising-minimal experience, and unique access to our writers and editors (through conference calls, social media groups, and more). And importantly, NRPLUS members help keep NR going.