The founder of the Oath Keepers and four associates are on trial in the Capitol attack on charges that include seditious conspiracy — a rarely used Civil War-era accusation that strikes to the heart of what prosecutors say happened that day.
The Oath Keepers, for their part, have said their preparations, training, gear and weapons were to protect themselves against potential attacks from left-wing antifa activists, or to be ready if Trump invoked the Insurrection Act to call up a militia to support his bid to stay in power. Rhodes has said there was no plan to attack the Capitol and the members who went inside went rogue.
Seditious conspiracy calls for up to up to 20 years behind bars, if convicted. Rhodes and his associates also face several other serious charges.The charge has rarely been brought in recent memory, and with mixed results. “In the case of Jan. 6, however, because the attack against the government took place at the U.S. Capitol, while it was certifying a presidential election, even these high expectations can be met,” McQuade, now a University of Michigan Law School professor, said in an email.
Lawyer William Swor, who represented Hutaree militia leader David Stone, has said that prosecutors in the case failed to prove that group members were “more than just talking” and were “actively planning to oppose the government.”
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