Evidence in Capitol riot most likely supports sedition charges, prosecutor says

“I personally believe the evidence is trending toward that, and probably meets those elements,” Mr. Sherwin said. “I believe the facts do support those charges. And I think that, as we go forward, more facts will support that.”

The last time federal prosecutors brought a sedition case was 2010, when they accused members of a Michigan militia of plotting to provoke an armed conflict with the government. They were ultimately acquitted, and the judge in the case said the Justice Department had not adequately proved that the defendants had entered a “concrete agreement to forcibly oppose the United States government.”

The statute on seditious conspiracy also says that people who conspire to “oppose by force the authority” of the government or use force “to prevent, hinder or delay the execution of any law of the United States” can be charged with sedition.