Legal Definitions - seditious conspiracy

Seditious conspiracy refers to a serious federal crime where two or more individuals agree or conspire to use force to oppose, overthrow, or destroy the government of the United States, or to prevent the execution of its laws.

Essentially, it is an agreement among individuals to commit acts that incite rebellion against the government or its authority. The key elements that define seditious conspiracy are:

• An agreement between two or more people.
• An intent to use force to achieve one of the following objectives:
  • To overthrow, put down, or destroy the government of the United States.
  • To levy war against the United States.
  • To oppose by force the authority of the United States.
  • To prevent, hinder, or delay by force the execution of any law of the United States.

Here are a few examples to illustrate how seditious conspiracy might apply:

• Example 1: Plot to Disrupt Presidential Succession

  A group of individuals, dissatisfied with the outcome of a presidential election, secretly convenes to plan a coordinated armed assault on the U.S. Capitol building during the certification of electoral votes. Their goal is to physically prevent the lawful transfer of power and force a different outcome, potentially by seizing control of the legislative process through intimidation and violence.

  This scenario illustrates seditious conspiracy because it involves an agreement among individuals to use force to prevent, hinder, or delay the execution of a law of the United States (the certification of electoral votes and peaceful transfer of power) and to oppose by force the authority of the United States.

• Example 2: Organizing an Armed Militia to Resist Federal Authority

  Several former military personnel, believing that federal land management policies are unconstitutional, form a well-armed and trained militia. They publicly declare their intention to engage in armed conflict with federal agents should the government attempt to enforce specific federal environmental regulations on private lands in their state. They actively recruit members, conduct military-style drills, and stockpile weapons, preparing for a direct armed confrontation with federal authorities.

  This example highlights seditious conspiracy because it involves an agreement to levy war against the United States, which means organizing and preparing for armed conflict against the government's authority, and to oppose by force the authority of the United States.

• Example 3: Conspiracy to Overthrow a State Government

  An extremist organization, convinced that a particular state government is tyrannical, devises a detailed plan to storm the state capitol building, arrest the governor and key legislators, and install their own leadership by force. They gather intelligence on security protocols, acquire weapons, and create propaganda to rally support for their violent takeover.

  While often associated with the federal government, this scenario could also constitute seditious conspiracy if the intent is to overthrow a state government that is part of the U.S. federal system, as it involves an agreement to use force to overthrow or put down a government within the United States.