Rioters Can Be Charged With Sedition

This Wednesday, January 6, 2020, a group of Trump supporters stormed the Capitol and disrupted the official certification of Biden’s victory. Senators and members of Congress attending the certification hid in undisclosed locations while rioters destroyed government property. One even attempted to steal the Nancy Pelosi’s podium. Some people in the news and on social media have since argued that these rioters should be charged with sedition.

Misbar’s investigation found that while protests are protected under the first amendment, this wasn’t a protest – it was a riot. A protest becomes a riot once it becomes violent in such a way that it threatens the public. Since four people died (including a police officer) and many more were injured, it was certainly a violent event. Under the Anti-Riot Act of 1968, rioters can be prosecuted.

Treason laws define sedition as an attempt to overthrow the government, steal government property, or obstruct “any execution” of the law.

As these rioters obstructed an official government ceremony, especially an important one, their actions fall within the sedition category. Acting U.S. Attorney for the District of Columbia Michael R. Sherwin said: "We're not going to keep anything out of our arsenal for potential charges. We will bring the most maximum charges we can based upon the conduct." Rioting, sedition, and insurrection are all “on the table” of potential charges.

While the extent of the upcoming prosecutions has yet to be seen, the government is well within their rights to charge these rioters for sedition.