Punishing Rioters Is Wise. Bogus 'Seditious Conspiracy' Charges Are Not.

The problem with convicting members of the "western chauvinist" Proud Boys on seditious conspiracy charges is that it wrongly elevates a violent tantrum by a bunch of thugs to the level of an insurrection, and it lets officials who prosecute them puff themselves up as saviors of the republic. Worse, the case took liberties with a statute that is probably best forgotten to arrive at its conclusion when normal criminal law could have punished rioters without putting the criminal justice system through contortions.

"A jury in the District of Columbia today returned guilty verdicts on multiple felonies against five members of the Proud Boys, finding four of the defendants guilty of seditious conspiracy for their actions before and during the breach of the U.S. Capitol on Jan. 6, 2021," the Department of Justice trumpeted last week. "According to the evidence at trial, in the months leading up to Jan. 6, the defendants plotted to oppose by force the lawful transfer of presidential power, and to prevent the Members of Congress, and the federal law enforcement officers who protect them, from discharging their duties."