The charges of seditious conspiracy against the members of the Proud Boys are not easy to prove in court.
Speech that is critical of the government can be charged with sedition. The current law states that it has been changed.
The case against the Proud Boys is likely to carry a maximum sentence of 20 years, based on the magnitude of the attack on the Capitol, according to Michael McDaniel, Director of Homeland Law.
This was a textbook case to me. It seemed seditious to me from the beginning.
The last time the United States prosecuted anyone under the seditious conspiracy law was in the case of the Hutaree militia, who were arrested in 2010 for planning to kill police officers.
Defense lawyers argued that the men were playing fighting and their criticism of the government was protected under the First Amendment. The sedition charges were dropped before the defendants were to face a jury.
Since where the question is, did the individuals just criticize the government? The man said, "McDaniels said." Was it a part of the illegal agreement that they were talking about?
Four elements must be proven in court in order for the Proud Boys to be found guilty of seditious conspiracy.
To carry out a criminal act, you need an agreement. It has to be against the law. "You have to be aware of what you're doing." The individuals who have been indicted have to prove that they were aware of what was going on. You have to advance the goal of the conspiracy by overt acts.
The Proud Boys attack on the Capitol is a textbook case of seditious conspiracy and will likely be a challenge for prosecutors.
From the beginning, I knew this was sedition, and there was no question in my mind. It is difficult to prove that.