If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire 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 of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Former Proud Boys chairman Henry “Enrique” Tarrio and three other members of the extremist group were found guilty Thursday of seditious conspiracy in the Jan. 6, 2021, attack on the U.S. Capitol.
A jury deliberated for seven days in Washington before finding Tarrio, 29, and the others guilty on 31 of 46 counts. The jury handed down not guilty verdicts on four counts and returned to deliberate on a remaining 11 counts. The result was another decisive victory for the Justice Department in the latest of three seditious conspiracy trials held after what it called a historic act of domestic terrorism.
Over nearly 15 weeks of trial, prosecutors alleged that the Proud Boys on trial saw themselves as Trump’s “army.” Inspired by his directive to “stand by” during a September 2020 presidential debate and mobilized by his December 2020 call for a “wild” protest when Congress met to certify the election, prosecutors said the men sought to keep Trump in power through violence.
Defense attorneys for Tarrio fought back by blaming the former president, saying prosecutors made the five defendants scapegoats for an unplanned riot triggered by Trump’s incitement of angry supporters.
The jury, which began hearing testimony in January, deliberated about 30 hours over seven days in Washington.
Tarrio, 29, and the others were charged in a 10-count indictment. The charges included conspiring to oppose by force the lawful transition of power from Donald Trump to Joe Biden after the 2020 presidential election, conspiring to obstruct Congress’s confirmation of the election result, and actually obstructing the joint session of Congress. The legal maximum penalty for either seditious conspiracy or the obstruction charges is 20 years in prison.
- https://casetext.com/case/united-states-v-tarrio
- https://www.lawfareblog.com/proud-boys-seditious-conspiracy-conundrum
- https://www.dcd.uscourts.gov/
