In a major move Thursday, the Justice Department charged a member of the Oath Keepers and 10 others with seditious conspiracy. While many activists have called the Jan. 6 attack on the U.S. Capitol an example of a "coup" or sedition, this is the first time that the DOJ has officially acknowledged that the incident is legally an attack on the U.S. government.

It is a conspiracy because more than one person was coordinating together, as Los Angeles Times legal affairs columnist Harry Litman explained.

Treason compared with sedition and insurrection are very different, as Jeff Nilsson explained in the Saturday Evening Post.

"While sedition is organized incitement to rebellion or civil disorder against the state’s authority, insurrection involves actual acts of violence against the state or its officers," he wrote a few weeks after the Jan. 6 attack. "Sedition and insurrection are quite distinct from treason, which is a violation of a citizen’s allegiance to the U.S. by betrayal or aiding the country’s enemies."

"A fully armed, trained, and organized force prepared to overturn the government by force to help Donald Trump," is the specific phrase the indictment says. It's something Above The Law's Bradley Moss called


Speaking to MSNBC, former federal prosecutor Joyce White Vance explained that none of these charges would have been brought if they didn't have all of the details.

Additional legal experts like Marcy Wheeler noted Oath Keeper Stewart Rhodes led many other members of the militia to believe that an Insurrection Act would be declared after Jan. 6.

NBC News White House Correspondent Josh Lederman also noted that he doesn't foresee Rhodes trying to make a plea deal. It may not be an option on the table if the Justice Department isn't interested and especially if Rhodes has information on anyone at the White House or a member of Congress.

Wheeler encouraged the other 10 Oath Keepers to flip against Rhodes as soon as they can.

The Nation's legal analyst Elie Mystel doesn't anticipate there would be a plea deal because he thinks Rhodes will try and milk it as much as he can.












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