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Even as the evidence mounts against members of the Oath Keepers and others the outcome of the federal prosecutions against the rioters is anything but a lock. In the aftermath of the violence lawmakers civil rights leaders and former law enforcement officials began to question how all the offenders would be prosecuted. Some suggested the most ambitious charges would be brought. Michael Sherwin former acting U.S. attorney for the District of Columbia who led the prosecution until this month told CBSs 60 Minutes in March that charges against some of the rioters could include sedition a rare charge that is defined as conspiring to overthrow put down or to destroy by force the Government of the United States or to levy war against them or to oppose by force the authority thereof or by force to prevent hinder or delay the execution of any law.
Sherwin did not say whom he believed might be charged with such crimes. I personally believe the evidence is trending toward that and probably meets those elements he said. I believe the facts do support those charges.
Others are skeptical that the prosecutors would be able to make charges of plotting sedition, which hasnt been alleged by the federal government since 2010 stick. Sherine Ebadi a former FBI special agent who is now an associate managing director at Kroll an international investigative agency says despite the massive amounts of evidence it would be very challenging for investigators to prove the Oath Keepers intent to commit sedition beyond a reasonable doubt.Seditious conspiracy is extraordinarily difficult to prove she says. It has been very few times successfully prosecuted and so they have a huge mountain in front of them to do this. For now, in the Oath Keepers case prosecutors are alleging the lesser crime of conspiracy to impede Congress certification of the electoral college vote and lesser charges.
Rioters who werent associated with organized groups may face even lighter penalties. Of those who have been formally charged so far, roughly a quarter face only misdemeanors according to an analysis by Politico. That may disappoint many Americans but it wont necessarily surprise them. In a recent poll by the Pew Research Center more than 85% of Americans said it was very or somewhat important to find and prosecute the rioters who broke into the Capitol. Nearly half said that the criminal penalties would likely be less severe than they should be given what happened on Jan 6.
For now the investigation continues. The massive electronic record of the riot has produced an unprecedented effort by prosecutors law enforcement and online civilian sleuths who are still poring over tens of thousands of photos videos and messaging app threads in an effort to identify perpetrators and evidence after the fact. More than 70% of those under indictment for their involvement in the Capitol siege were charged in part through evidence from social media accounts according to an analysis from George Washington Universitys Program on Extremism. The conspiracy charges against members of the Proud Boys another far right group focuses on four of their leaders efforts to coordinate actions in Washington through an encrypted Boots on the Ground channel that had as many as 60 users according to prosecutors. As of mid March all but one of the FBIs 56 field offices across the country was working on the sprawling investigation.
Demonstrators destroy broadcast video equipment outside the U.S Capitol building after they earlier stormed the building in Washington DC U.S on Wednesday Jan 6 2021.
Demonstrators destroy broadcast video equipment outside the U.S Capitol building after they earlier stormed the building in Washington DC U.S on Wednesday Jan 6 2021 Victor J Blue Bloomberg Getty..
Even the most aggressive prosecution of some of the militia groups members wont stamp out the extremist undercurrents which span dozens of loosely organized groups that mainly converge online. While the large number of arrests and national attention will likely deter some potential law breakers especially those who were only tangentially involved with extremist ideologies the FBI and DOJs actions wont get at the root causes of the violence says William Braniff the director of the National Consortium for the Study of Terrorism and Responses to Terrorism at the University of Maryland. We re just contenting ourselves with a disruption a criminal justice disruption but not really risk mitigation Braniff says.
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