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McClatchy Washington Bureau
McClatchy Washington Bureau
National
Don Sweeney and Kaitlyn Alanis

Proud Boys accused of ‘seditious conspiracy’ in US Capitol riot. What is it?

Five leaders of the far-right Proud Boys extremist group have been charged with seditious conspiracy in the U.S. Capitol riot on Jan. 6, 2021.

Henry “Enrique” Tarrio, longtime chairman of the Proud Boys, and his four top lieutenants were indicted on the charge Monday, The Washington Post reported.

They’re accused of organizing a riot at the Capitol to prevent lawmakers from confirming the electoral victory of President Joe Biden.

The Jan. 6 attack on the Capitol was led by far-right extremists and thousands of other Trump loyalists — many of them armed and screaming threats of violence — who had come to D.C. to support the president in his final days in office. After a high-energy rally at the White House — where Trump urged them to march on Capitol Hill, the mostly white mob tore through barricades and smashed windows as they charged and desecrated the Capitol. Five people died, including a Capitol Police officer.

In the 17 months since the riots, more than 860 individuals have been charged for crimes related to the breach of the U.S. Capitol, but none are as serious as the seditious conspiracy charges brought against the Proud Boys and another far-right group, the Oath Keepers.

What does the charge mean and what penalties could they face? Here’s what to know:

—What is ‘seditious conspiracy?”

It’s a federal law that applies when two or more people conspire to overthrow, put down or destroy by force the U.S. government, according to Cornell’s Legal Information Institute.

It also covers conspiracies to levy war, oppose by force the government’s authority, “prevent, hinder, or delay” the execution of federal laws or to by force “seize, take or possess” federal property, the site says.

—What are the penalties?

Violators can face fines or imprisonment for up to 20 years, according to U.S. law.

—How rare are seditious conspiracy cases?

The seditious conspiracy charge, which dates back to the Civil War, was last deployed in the 1990s against Sheikh Omar Abdel-Rahman and his followers, who plotted bombings in New York City, The Associated Press reported.

Abdel-Rahman and nine of his followers were convicted of seditious conspiracy in 1995 after a plot to “blow up the United Nations, the FBI’s building, and two tunnels and a bridge linking New York and New Jersey,” the wire service said.

When the Oath Keepers were charged with seditious conspiracy in January for their role in the Capitol riot, Barbara McQuade, the former U.S. attorney for the Eastern District of Michigan, told Insider that it’s a “very serious charge and is rarely used,” adding that it shows that the Justice Department recognizes the riot “was a threat to our democracy, not a simple protest that got out of hand.”

—Who are the Proud Boys?

The Proud Boys are “self-described 'Western chauvinists' who adamantly deny any connection to the racist ‘alt-right,’” according to the Southern Poverty Law Center.

The organization, formed during the 2016 presidential election, describes itself as a fraternal group that spreads “anti-political correctness” and “anti-white guilt.”

Members are seen as right-wing extremists who are “misogynistic, Islamophobic, transphobic and anti-immigration,” according to the Anti-Defamation League.

The Proud Boys group was formed by VICE Media co-founder Gavin McInnes. When he introduced the organization in September 2016, he said about 50 men gathered and laughed at “politically correct culture."

There are now more than 100 chapters across the U.S., according to the ADL.

Chapters and its members, often seen wearing black and yellow, have been seen encouraging violence and violence at rallies and protests, including the Jan 6 insurrection.

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