The Department of Justice is reportedly considering sedition charges against members of the Oath Keepers militia over the Capitol protest on January 6.
The department indicted several of the militia’s members last month but is now considering far more serious charges according to a report from the New York Times.
“Justice Department officials have reviewed potential sedition charges against members of the Oath Keepers militia group who attacked the Capitol on Jan. 6, and they have been weighing whether to file them for weeks, according to law enforcement officials briefed on the deliberations,” the report begins.
Oath Keepers Thomas E. Caldwell, Jessica M. Watkins, and Donovan Crowl, were indicted last month for “conspiring” to obstruct Congress’s ability to certify the election.
Over the weekend, Michael R. Sherwin, the federal prosecutor who has been overseeing Capitol riot cases told 60 Minutes that they are open to sedition charges for some of the people involved.
“I personally believe the evidence is trending toward that, and probably meets those elements,” Sherwin said. “I believe the facts do support those charges. And I think that, as we go forward, more facts will support that.”
The US government has not successfully prosecuted a sedition case in over 20 years.
“I have seen no evidence to support a seditious conspiracy charge against my client, Donovan Crowl,” Carmen Hernandez, the defense lawyer for one of the Oath Keepers told the NYT. “I was surprised that the former U.S. attorney would comment so publicly on the case.”
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