The Civil War-era charge is rarely used because it's hard to prove and even harder to win conviction.
The estranged wife of Oath Keepers founder Stewart Rhodes talks about her role in the group accused of playing a part in the Jan. 6 Capitol riot.
Seditious conspiracy, though, is legally complex and there’s a historical difficulty in securing convictions, and legal scholars say prosecutors are sometimes reluctant to file the charges. Overzealousness in applying them going back centuries has also discredited their use. Stewart Rhodes, the Oath Keepers founder and leader, is the highest-ranking member of an extremist group arrested so far. He did not enter the Capitol building that day, but is accused of helping to put the violence into motion. An attorney for Rhodes called the charges “unusual” and “unfortunate.”
Though authorities have said the Oath Keepers and their associates worked as if they were going to war, discussing weapons and training. Days before the attack, one defendant suggested in a text message getting a boat to ferry weapons across the Potomac River to their “waiting arms,” prosecutors say.The last time U.S. prosecutors brought such a case was in 2010 in an alleged Michigan plot by members of the Hutaree militia to incite an uprising against the government.
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