Oath Keepers face seditious conspiracy charges. DOJ has mixed record with such cases

Oath Keepers face seditious conspiracy¹ charges. DOJ has mixed record with such cases

Transcript²

The first significant legal skirmish in the biggest case so far to emerge from the investigation³ into the Jan. 6 attack on the U.S. Capitol went to the Justice Department.

Last week, a magistrate⁴ judge in Texas ordered that the founder⁵ of the Oath Keepers extremist group, Stewart Rhodes, remain in jail pending⁶ trial. Rhodes and 10 others are charged with seditious conspiracy for allegedly plotting to prevent by force the transfer of presidential power to Joe Biden.

The bigger legal battle lies ahead as prosecutors⁸ seek to prove their case and the central charge of seditious conspiracy.

That charge carries both symbolic⁹ and political weight - at root, it's alleging¹⁰ an attack on the country. It also pushes back against the notion, still popular among many supporters of former President Donald Trump¹¹, that the deadly assault on the Capitol was little more than a rowdy protest.

The government has used the charge sparingly since the statute¹² was enacted¹³ in the 19th century. In the past four decades, the Justice Department has brought around a half dozen seditious conspiracy cases, and those prosecutions¹⁵ have ended with mixed results.

"The idea of being branded a traitor¹⁶ to your country, of committing sedition¹⁷, stands out," said Joshua Braver, a law professor at the University of Wisconsin. "It sends a certain political message."

Federal code defines seditious conspiracy as two or more people conspiring¹⁸ to overthrow²⁰ or destroy by force the United States government, or to prevent, hinder or delay the execution of any U.S. law.

The statute dates back to the Civil War-era, Braver said, when it was enacted as a way to prosecute²¹ secessionists, although it has been used sparingly over the years.

The last seditious conspiracy case: the Hutaree militia²²

The last time federal prosecutors pursued seditious conspiracy charges was in 2010 against members of the far-right Hutaree militia in Michigan. The government accused the Hutaree of plotting to kill police officers and then bomb the funerals to try to spark a civil war.

The defense²³ said the alleged⁷ conspiracy was nothing more than hot talk.

"They were in the woods. They were training. They had no plan," said William Swor, who was the attorney for the lead defendant²⁴ in the case. "Their plan was to be ready when the apocalypse came and the forces of the antichrist invaded America."

At trial, prosecutors played snippets of conversations recorded by an informant suggesting the Hutaree were plotting violence. But on cross examination Swor said he was able to show that those snippets were incomplete or taken out of context when the defendants²⁵ were "clearly clowning around."

"You've heard that there was this plot to kill a police officer and then ambush²⁶ the mourners when they came?" Swor said. "What you didn't hear was during that same conversation, some of the younger members of the Hutaree talking about bringing strippers."

"The Hutaree neither had the means nor made any attempt to move against government," Swor said.

Ultimately, the court agreed. The judge dismissed the case after finding that there was insufficient²⁷ evidence of a conspiracy.

Barbara McQuade, who was the U.S. attorney in Detroit at the time, said the failure of the case against of the Hutaree was not because of any fault with the law.

"In our case, the defendants were arrested before the attack, and that allowed them to say 'we weren't really serious,' " McQuade said.

One of the obstacles the prosecution¹⁴ ran into was the gravity of the charge itself, she said.

"There's sort of a gut²⁸ reaction that comes with a charge of seditious conspiracy, that this is something more than just a garden variety type of crime. This is an attack on our country," McQuade said.

That sort of gut reaction, she said, may have been missing from the Hutaree case.

Many people may experience "the utter disbelief that we have that there can be people who want to overthrow our government or think that they could possibly be successful," she said.

Two seditious conspiracy cases in the late 1980s, including one in Arkansas against White Supremacists, also ended in losses for the government. But prosecutors used the statute to convict Sheik Omar Abdel Rahman and several of his followers²⁹ in 1995 of plotting attacks in New York.

Planting hundreds of bombs across New York in a textbook case

Technically³⁰, there's no requirement that conspirators³¹ do anything illegal in furtherance of their plot, but overt¹⁹ acts make it easier for the government to prove its case to a jury.

Take the 1981 prosecution against members of the FALN, a Puerto Rican nationalist group.

"They built and planted something like 128 or so bombs, killing³² a number of people, wounding scores of people, maiming many, including New York City police officers," said Jeremy Margolis, who was one of the lead prosecutors.

Explosive Protests: U.S. Bombings During 'Days Of Rage'

The government's case was rooted in a series of communiques the FALN released claiming responsibility for the bombings and explaining why they had carried them out.

"How often do you have somebody put a bomb in a New York restaurant, the Fraunces Tavern³³, at lunchtime, killing four and wounding 56 and then planting a communique saying, 'Free Puerto Rico, that's why we did this,' " Margolis said.

It was a textbook case of seditious conspiracy, he said.

"They wanted to change the way the government of the United States functions and acts," he said. "And because the statute very, very clearly tracked what they were doing and in fact, what these anonymous³⁴ FALN communiques said they were doing and why they were doing it, it was an easier case to prove."

At trial, the FALN defendants refused to recognize the court's jurisdiction³⁵ and did not mount a defense, Margolis said. They were found guilty and sentenced to lengthy³⁶ terms in prison.

Using text messages and the scene of the crime to make a case against the Oath Keepers

As for the Capitol riot seditious conspiracy case, the Justice Department alleges³⁷ that 11 members of the Oath Keepers, including its founder Rhodes, of plotting to use force to prevent the transition of presidential power to Biden.

According to the indictment³⁸, the defendants spent months after the election recruiting, training and conspiring to forcefully disrupt the certification of Biden's election win.

Several of the Oath Keeper defendants stormed the Capitol on Jan. 6. Court papers say the group also had weapons stashed³⁹ at a hotel nearby in Virginia and a quick reaction force ready to ferry them into Washington, D.C., if Rhodes gave the order.

McQuade said the evidence put forward in the indictment, including text messages the defendants allegedly sent each other planning their course of actions, suggest the government has a strong case.

"It is very clear that the target is the United States government, that they were attempting to stop the transition of power," she said. "They say so themselves, and there they are, right at the scene, at the seat of government in the People's House."

All 11 defendants have pleaded not guilty and are fighting the charges. They are slated⁴⁰ to go on trial in the summer.

1 conspiracy   

n.阴谋，密谋，共谋

参考例句：

• The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
• He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

4 magistrate   

n.地方行政官，地方法官，治安官

参考例句：

• The magistrate committed him to prison for a month.法官判处他一个月监禁。
• John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。

5 Founder   

n.创始者，缔造者

参考例句：

• He was extolled as the founder of their Florentine school.他被称颂为佛罗伦萨画派的鼻祖。
• According to the old tradition,Romulus was the founder of Rome.按照古老的传说，罗穆卢斯是古罗马的建国者。

6 pending   

prep.直到，等待…期间；adj.待定的；迫近的

参考例句：

• The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
• He knew my examination was pending.他知道我就要考试了。

7 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

8 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

9 symbolic   

adj.象征性的，符号的，象征主义的

参考例句：

• It is symbolic of the fighting spirit of modern womanhood.它象征着现代妇女的战斗精神。
• The Christian ceremony of baptism is a symbolic act.基督教的洗礼仪式是一种象征性的做法。

10 alleging   

断言，宣称，辩解( allege的现在分词 )

参考例句：

• His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。
• This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

11 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

12 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

13 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

14 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

15 prosecutions   

起诉( prosecution的名词复数 )； 原告； 实施； 从事

参考例句：

• It is the duty of the Attorney-General to institute prosecutions. 检察总长负责提起公诉。
• Since World War II, the government has been active in its antitrust prosecutions. 第二次世界大战以来，政府积极地进行着反对托拉斯的检举活动。 来自英汉非文学 - 政府文件

16 traitor   

n.叛徒，卖国贼

参考例句：

• The traitor was finally found out and put in prison.那个卖国贼终于被人发现并被监禁了起来。
• He was sold out by a traitor and arrested.他被叛徒出卖而被捕了。

17 sedition   

n.煽动叛乱

参考例句：

• Government officials charged him with sedition.政府官员指控他煽动人们造反。
• His denial of sedition was a denial of violence.他对煽动叛乱的否定又是对暴力的否定。

18 conspiring   

密谋( conspire的现在分词 )； 搞阴谋； （事件等）巧合； 共同导致

参考例句：

• They were accused of conspiring against the king. 他们被指控阴谋反对国王。
• John Brown and his associates were tried for conspiring to overthrow the slave states. 约翰·布朗和他的合伙者们由于密谋推翻实行奴隶制度的美国各州而被审讯。

19 overt   

adj.公开的，明显的，公然的

参考例句：

• His opponent's intention is quite overt.他的对手的意图很明显。
• We should learn to fight with enemy in an overt and covert way.我们应学会同敌人做公开和隐蔽的斗争。

20 overthrow   

v.推翻，打倒，颠覆；n.推翻，瓦解，颠覆

参考例句：

• After the overthrow of the government,the country was in chaos.政府被推翻后，这个国家处于混乱中。
• The overthrow of his plans left him much discouraged.他的计划的失败使得他很气馁。

21 prosecute   

vt.告发；进行；vi.告发，起诉，作检察官

参考例句：

• I am trying my best to prosecute my duties.我正在尽力履行我的职责。
• Is there enough evidence to prosecute?有没有起诉的足够证据？

22 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

23 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

24 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

25 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

26 ambush   

n.埋伏(地点)；伏兵；v.埋伏；伏击

参考例句：

• Our soldiers lay in ambush in the jungle for the enemy.我方战士埋伏在丛林中等待敌人。
• Four men led by a sergeant lay in ambush at the crossroads.由一名中士率领的四名士兵埋伏在十字路口。

27 insufficient   

adj.(for，of)不足的，不够的

参考例句：

• There was insufficient evidence to convict him.没有足够证据给他定罪。
• In their day scientific knowledge was insufficient to settle the matter.在他们的时代，科学知识还不能足以解决这些问题。

28 gut   

n.[pl.]胆量；内脏；adj.本能的；vt.取出内脏

参考例句：

• It is not always necessary to gut the fish prior to freezing.冷冻鱼之前并不总是需要先把内脏掏空。
• My immediate gut feeling was to refuse.我本能的直接反应是拒绝。

29 followers   

追随者( follower的名词复数 )； 用户； 契据的附面； 从动件

参考例句：

• the followers of Mahatma Gandhi 圣雄甘地的拥护者
• The reformer soon gathered a band of followers round him. 改革者很快就获得一群追随者支持他。

30 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

31 conspirators   

n.共谋者，阴谋家( conspirator的名词复数 )

参考例句：

• The conspirators took no part in the fighting which ensued. 密谋者没有参加随后发生的战斗。 来自《简明英汉词典》
• The French conspirators were forced to escape very hurriedly. 法国同谋者被迫匆促逃亡。 来自辞典例句

32 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

33 tavern   

n.小旅馆，客栈；小酒店

参考例句：

• There is a tavern at the corner of the street.街道的拐角处有一家酒馆。
• Philip always went to the tavern,with a sense of pleasure.菲利浦总是心情愉快地来到这家酒菜馆。

34 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

35 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

36 lengthy   

adj.漫长的，冗长的

参考例句：

• We devoted a lengthy and full discussion to this topic.我们对这个题目进行了长时间的充分讨论。
• The professor wrote a lengthy book on Napoleon.教授写了一部有关拿破仑的巨著。

37 alleges   

断言，宣称，辩解( allege的第三人称单数 )

参考例句：

• The newspaper article alleges that the mayor is corrupt. 报纸上断言该市长腐败。
• Steven was tardy this morning and alleges that his bus was late. 史提芬今天早上迟到的说词是公车误点了。

38 indictment   

n.起诉；诉状

参考例句：

• He handed up the indictment to the supreme court.他把起诉书送交最高法院。
• They issued an indictment against them.他们起诉了他们。

39 stashed   

v.贮藏( stash的过去式和过去分词 )；隐藏；藏匿；藏起

参考例句：

• She has a fortune stashed away in various bank accounts. 她有一大笔钱存在几个不同的银行账户下。
• She has a fortune stashed away in various bank accounts. 她在不同的银行账户上秘密储存了一大笔钱。 来自《简明英汉词典》

40 slated   

用石板瓦盖( slate的过去式和过去分词 )

参考例句：

• Yuki is working up an in-home phonics program slated for Thursdays, and I'm drilling her on English conversation at dinnertime. Yuki每周四还有一次家庭语音课。我在晚餐时训练她的英语口语。
• Bromfield was slated to become U.S. Secretary of Agriculture. 布罗姆菲尔德被提名为美国农业部长。