There were ZERO convictions under an insurrection charge. Send all the pictures you want.
Does seditious conspiracy make it better? The burden of proof is tougher for insurrection but that's what it was. Up to the DA
How the Crime of Seditious Conspiracy Is Different From Insurrection and Treason
A sentencing for a sedition conviction in the Jan. 6 attack on the Capitol spotlights subtle differences within a suite of related criminal offenses.
At the heart of the case against Stewart Rhodes, the Oath Keepers leader who was
sentenced on Thursday to the longest prison term yet in connection with the Jan. 6 attack on the Capitol, was a rare and serious charge: seditious conspiracy.
Although people have sometimes colloquially used terms like sedition, insurrection, domestic terrorism and treason interchangeably when discussing the events of Jan. 6, 2021, seditious conspiracy is legally distinct from the other terms in subtle but important ways. Here is a closer look.
What is sedition?
It is essentially the incitement of violent action against the government — some kind of communication or activity aimed at getting people to overthrow the state by force or to prevent it from carrying out its authority to enforce the law.
What is seditious conspiracy?
It is a federal crime found in
Section 2384 of Title 18 of the United States code. That law makes it a crime for two or more people to actively plot to overthrow by force the federal government, to levy war against it, to unlawfully seize federal property or “by force to prevent, hinder or delay the execution of any law of the United States.” A conviction carries a sentence of up to 20 years in prison.
In the Oath Keepers case, prosecutors marshaled text messages, videos and other evidence to argue that Mr. Rhodes and other militia members had agreed to take steps to block Congress from certifying Joseph R. Biden Jr.’s Electoral College victory, a crucial step in the constitutional system for the normal transfer of power. Mr. Rhodes received 18 years in prison, and one of his top deputies was sentenced to a 12-year term.
Is sedition the same thing as insurrection?
While they clearly overlap, “sedition” centers more on plotting and incitement, whereas “insurrection” is generally understood to mean the actual violent acts of an uprising aimed at overthrowing the government.
That said, the federal law against insurrection,
Section 2383, slightly blurs that line. It says that “whoever incites, sets on foot, assists or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto” is guilty of that offense. Its penalty is up to 10 years in prison and disqualification from holding federal office.
Insurrection charges are considered difficult to prove and are exceedingly rare. While many people have called the events of Jan. 6 an “insurrection,” the Justice Department has not charged any rioters with that crime. In addition to the handful of seditious conspiracy charges against members of two militias, the Oath Keepers and the Proud Boys, prosecutors have charged various rioters with such crimes as assaulting police officers, obstructing an official congressional proceeding and trespassing.
BOTTOM LINE...THEY WENT TO JAIL!!! D.A. WIN!!
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