An Alabamian from the town of Arab is among eleven people to be charged with seditious conspiracy following the Jan. 6 insurrection at the Capitol.
Joshua James is due in court today for a hearing. The charge against the alt-right militia “Oath Keepers” member carries punishment of up to 20 years in prison if found guilty.
The statute of seditious conspiracy is rarely used due to the extreme nature of what the crime entails.
Joyce White Vance is a Law professor at the University of Alabama. She said the federal crime is a very serious offense in the eyes of the Department of Justice.
“When you think about it, seditious conspiracy is extraordinarily serious,” said Vance. “It is at heart a forceful effort to overthrow the government. So while it’s certainly a meritorious charge in this situation, it’s not the kind of charge the DOJ brings lightly.”
She also said the federal crime of seditious conspiracy is explained clearly in Title 18 of the U.S. Code.
“The statute makes it a crime for two or more people to reach an agreement to overthrow, put down or destroyed by force the government or by force to prevent, hinder or delay the execution of any law,” said Vance.
Vance said the last major event that allowed for a seditious conspiracy charge was in 2010.