Sedition charges decision 'has languished' as Biden's DOJ nominees await Senate confirmation: NYT

More than two months after Donald Trump was impeached for inciting insurrection, none of his supporters who participated in the January 6th riots has been charged with sedition. New reporting is shedding light on the decision making process behind that fact.

"Justice Department officials have reviewed potential sedition charges against members of the Oath Keepers militia group who attacked the Capitol on Jan. 6, and they have been weighing whether to file them for weeks, according to law enforcement officials briefed on the deliberations," The New York Times reported Monday. "The group members, including Thomas E. Caldwell, Jessica M. Watkins and Donovan Crowl, were indicted last month on charges of conspiring to obstruct Congress's ability to certify the Electoral College victory of Joseph R. Biden Jr., then the president-elect."

Senate gridlock is reportedly one of the reasons for the lack of sedition charges.

"The Justice Department has rarely brought charges of sedition, the crime of conspiring to overthrow the government, and has not successfully prosecuted such a case in more than 20 years," the newspaper reported. "The decision about how to move forward has languished while Justice Department leaders go through the Senate confirmation process. The new attorney general, Merrick B. Garland, was sworn in on March 11 and is likely to have final say over such a high-profile case."

"Law enforcement officials have given senior officials in the Justice Department's National Security Division potential evidence that they gathered about the trio and an analysis of whether that evidence supported a sedition charge, but they stopped short of delivering a more formal prosecution memo or a draft of an indictment, one of the officials said. Early on in the sprawling investigation into the assault on the Capitol, investigators began focusing on members of the Oath Keepers, a militia that was founded by former law enforcement officers and military veterans, as well as on members of the far-right nationalist group the Proud Boys," The Times' Katie Benner reported.