No Capitol Rioters Face Treason and Sedition Charges Over Jan. 6 Insurrection
The U.S. Capitol is seen behind security fencing on July 06, 2021 in Washington, DC. According to recent media reports, the remaining fencing that has surrounded the U.S. Capitol following the January 6 riot will come down sometime this week. Anna Moneymaker/Getty Images

More than 500 Capitol rioters have been arrested and charged. But none of them have yet been charged with treason or sedition despite leftists' claims that the January 6 incident was an armed "insurrection" against the U.S. government.

The arrested Capitol rioters have been given an increasing number of lesser charges," The Daily Wire reported. It would probably be due to guilty pleas or plea deals from the dozens of defendants awaiting trial.

Throughout the United States' history, less than 10 people were convicted of treason. One of the Capitol rioters, Thomas Caldwell, seemed to fit the charge of sedition, the way it is generally understood, such as inciting revolt against the government.

But as of now, Caldwell or any other defendants have not been indicted for sedition or treason, Associated Press reported.

Treason And Sedition Charges

Some legal experts say that the sedition charges could be applicable for this case. However, prosecutors may be reluctant to file them due to the complexity of the case.

In addition, there is a difficulty in securing convictions under those grounds. The bar for proving sedition is not as high as it is for the related charge of treason.

In 2010, an alleged Michigan plot by members of the Hutaree militia had garnered a sedition case when they tried to incite an uprising against the government.

However, the judge order acquittals on the sedition conspiracy charges in a 2012 trial on the basis that prosecutors relied too much on hateful diatribes protected by the First Amendment. The judge also said that it did not prove the accused ever had detailed plans for a rebellion.

Treason is specifically defined in the Constitution as someone "levying war" against the United States or "giving aid and comfort" to its enemies.

Experts said the Founding Fathers sought to clearly state the definition of treason as they knew the possibility to misapply it to legitimate dissent. The Founding Fathers were accused of treasons themselves by the British.

According to Bangor Daily News, the last treason case was of American-born Iva Toguri D'Aquino during World War II for her anti-American broadcasts. She was known as "Tokyo Rose" and convicted in 1949 for "giving aid and comfort" to Japan.

She was pardoned in 1977 by former President Gerald Ford after reports of U.S. authorities pressured some witnesses to lie.

After the World War II era, Adam Gadahn was the only American charged with treason in 2006 for giving "aid and comfort" to Al-Qaida.

January 6 Insurrection at the Capitol

Supporters of former President Donald Trump had stormed in the U.S. Capitol in efforts to impede Congress from certifying the election votes.

The Democratic members of Congress pushed for a bipartisan commission to probe the Capitol riot. However, Republicans had blocked the effort.

The House of Representatives had voted to create a commission on June 30. Rep. Liz Cheney is the only Republican on the panel after House Minority Leader Kevin McCarthy reportedly threatened to remove committee assignments from any Republican who serves on the commission, Insider reported.

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Written by: Mary Webber

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