The Justice Department’s pursuit of criminal charges against the perpetrators of the Jan. 6 mob invasion of the Capitol is gathering steam, but it should resist using the seditious conspiracy statute.
Joshua Braver is an assistant professor at the University of Wisconsin Law School. He teaches and writes in the area of constitutional law, history, and theory. His scholarship is available here. He has also contributed to a variety of popular outlets like Politico, Talking Points Memo, and Dissent.
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Under a Reconstruction-era statute, a new lawsuit aims to hold former President Donald Trump and others responsible for the events of Jan. 6. But can it succeed?