This guilty verdict was a forgone conclusion, considering that the trial was held in DC and the judge refused to move it:
A jury on Thursday convicted Enrique Tarrio, the former leader of the Proud Boys, and three allies of a seditious conspiracy to derail the transfer of power from Donald Trump to Joe Biden, a historic verdict following the most significant trial to emerge from the Jan. 6 attack on the Capitol.
Jurors also convicted the four men — Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl — of conspiring to obstruct Congress’ proceedings on Jan. 6 and destroying government property. The jury acquitted a fifth defendant, Dominic Pezzola, of seditious conspiracy but convicted him of obstructing Congress’ Jan. 6 proceedings as well as several other felony charges.
Historic, all right. “Historic” because they were convicted under a law that isn’t often used and that is ripe for abuse. This article about seditious conspiracy is over a year old and it’s in the leftist Guardian (and concerns the Oath Keepers, another January 6th group). But it explains a few of the problems with such charges:
The charges are significant because they allege that the January 6 attack went beyond disorderly conduct and assaults on law enforcement, instead constituting an organized and violent attempt to stop the democratic transfer of power.
But because sedition charges so rarely go to trial, there isn’t a great deal of precedent for how such trials proceed, experts say. And US prosecutors have a checkered history in securing sedition convictions. “It’s been used in ways that have been absurd and has been used in ways that were slam dunks,” said Joshua Braver, an assistant professor of law at the University of Wisconsin.
By the way, we’re not talking about charges of sedition but rather seditious conspiracy, which is even easier to abuse. When I was in law school, there were three criminal law principles that troubled me immensely, and they were felony murder, conspiracy, and entrapment – and the Oath Keepers and Proud Boys cases involve the political misuse of those last two (conspiracy, because the bar is so low for the prosecution proving it, and it often just amounts to thoughtcrime; and entrapment, because the bar is so high for defendants’ successfully using it as a defense). I wrote at some length about all of this, in connection with the previous Oath Keepers trial, and I suggest you read it for more background on seditious conspiracy and its uses by the government.
In the past, prosecutors were more aware of the dangers, and more reluctant to bring such charges because of the huge potential for dangerous abuse:
Partly because seditious conspiracy allegations carry so much political weight, prosecutors have generally been hesitant to bring such charges in the past.
“Seditious conspiracy charges are rarely used in American jurisprudence,” said Jeffrey Ian Ross, a criminologist and expert on political crime at the University of Baltimore. Prosecutors can be wary of issuing such charges, even in cases that may fall under its broad statute, he added.
Prior to the Oath Keepers and Proud Boys January 6th cases, the most recent such prosecution was against “Islamist extremist Sheikh Omar Abdel-Rahman and nine co-conspirators with seditious conspiracy. Prosecutors alleged that Abdel-Rahman and his followers plotted to bomb the United Nations, the FBI building and several other landmarks around New York City.”
Prior to that, it was the Puerto Rican extremists who in 1954 shot up the House of Representatives and wounded five members of the House. I wrote about that incident in this previous post, written just a few days after the January 6th protests, and in it I harked back to a previous post I’d written in 2018 about the Puerto Rican shootings. The differences between January 6th and the shooting in 1954 is quite obvious.
Julie Kelly has been the best reporter on all the January 6th cases, and she’s been writing about the Proud Boys case, too. Here’s what she had to say about the jurors (the judge in the case is also named Kelly, in case you’re confused by that):
I refer you to several articles she’s written on the case. The first is this [my emphasis]:
The government devoted an untold amount of resources and manpower to the case. The former president loomed large as prosecutors frequently cited his September 2020 debate remark for Proud Boys to “stand back and stand by” as a call to action. (More on Trump’s legal jeopardy related to the outcome of the trial in Friday’s column.)
Ethan Nordean, Zachary Rehl, Joseph Biggs, and Dominic Pezzola have been incarcerated under pretrial detention orders since early 2021 on various counts, including conspiracy and obstruction of an official proceeding. By the time jury selection began in December, the defendants had been in jail for almost two years awaiting trial…
Two cooperating witnesses and multiple FBI agents and police officers took the stand over the course of several weeks to detail the defendants’ alleged plot to strike “the heart of our democracy,” assistant U.S. Attorney Conor Mulroe said on Monday. “Their success was only temporary. The Constitution survived.”
The conspiracy, Mulroe explained, can be “unspoken, implicit, a mutual understanding, or a wink and a nod”—a laughably broad definition for an offense akin to treason.
Please read the whole thing; an excerpt isn’t adequate. Also see this article by Ms. Kelly, in which she explains how the Proud Boys case is most likely a prelude to charging Trump in connection with it:
Any convictions in this trial would give Special Counsel Jack Smith, an independent prosecutor in name only, justification to pursue similar charges against Trump as a coconspirator of sorts…
Prosecutors insist the conspiracy began on December 19, 2020—a date that should alarm Team Trump. At 1:42 a.m. on December 19, Trump tweeted this: “Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!” According to the Justice Department, that prompted Tarrio and Biggs to formulate plans to “radicalize” the group…
[That this could be a prelude to charging Trump] explains why Graves’ prosecutors pulled every dirty trick in the book to ensure convictions. Further, the burden of proof for the conspiracy charges is shockingly low.
That low bar is one of the things that so upset me when I was in law school.
And here is Kelly’s piece from today, after the verdict was announced:
…Joe Biden’s Justice Department seized on the [seditious conspiracy] law’s vague language—the same manner in which top officials weaponized an untested post-Enron evidence tampering felony—to criminalize political dissent. Six members of the Oath Keepers were found guilty of seditious conspiracy at two separate trials and four other defendants, including one member of the Proud Boys, have pleaded guilty to the offense. Both seditious conspiracy and obstruction of an official proceeding are felonies punishable by up to 20 years in prison each.
Most of the government’s evidence consisted of inflammatory text messages posted in group chats, which included the presence of an unknown number of FBI informants. No defendant was accused of bringing weapons to the Capitol or assaulting a police officer. Tarrio, the group’s leader, was in a Baltimore hotel on January 6, having left Washington under court order following his arrest on January 4, 2021 for an unrelated incident.
I also refer you to Ace’s post on the subject.
NOTE: I expected this news; in fact, I would have found it shocking if this DC jury had not found them guilty. Nevertheless, it is another intensely depressing example of how far things have gone, and how successful the left has been.