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When was the last sedition conviction in U.S. federal courts and what was the sentence?
Executive summary
The most recent federal convictions for seditious conspiracy cited in available reporting relate to prosecutions tied to the Jan. 6, 2021, attack on the U.S. Capitol: several Oath Keepers were convicted in 2022 and 2023, and Proud Boys members later faced related convictions; before those, the last widely cited conviction was in 1995 (Sheikh Omar Abdel‑Rahman) [1] [2]. Sentences for some Oath Keepers convicted in or after 2022 ranged from multi‑year prison terms — for example, defendants convicted in January 2023 received terms such as 54, 42, and 36 months — while earlier cases like Abdel‑Rahman resulted in long terms for terrorism‑linked plots [3] [1] [2].
1. Why people ask “when was the last sedition conviction?” — a look at the sparse, intermittent history
Seditious‑conspiracy prosecutions are rare and episodic in U.S. federal practice, so “last” can mean different things: judicially successful jury convictions, guilty pleas, or high‑profile terrorism cases. Reporting notes a long lull between 1995 convictions for Sheikh Omar Abdel‑Rahman and a fresh wave of Jan. 6 prosecutions in 2022–23, which produced the first jury conviction in 27 years when Stewart Rhodes was convicted on Nov. 29, 2022 [1] [2].
2. The Jan. 6 prosecutions that reawakened the statute
Federal prosecutors charged multiple Oath Keepers and Proud Boys members with seditious conspiracy in connection with the Jan. 6 siege; some defendants pled guilty in 2022 and 2023, and Stewart Rhodes and others were tried and convicted in late 2022 and January 2023 cycles, marking a resurgence of the statute in practice [2] [3]. Lawfare noted prosecutors structured those indictments to address past evidentiary problems that doomed earlier attempts (Hutaree), treating the alleged aim — disrupting Electoral College certification — as the operative conduct [4].
3. Sentences reported for recent convictions — examples and ranges
Available summaries list several post‑Jan. 6 sentences: in January 2023, four Oath Keepers were convicted and later received sentences including 54 months (Minuta), 42 months (Hackett), and 36 months (Moerschel and Vallejo) — with additional supervised release terms noted in reporting [3]. Earlier high‑profile seditious‑conspiracy convictions (1995 Abdel‑Rahman) were tied to extensive terrorism plots and carried lengthy prison terms, illustrating that sentences vary greatly with conduct and counts charged [1] [2].
4. Legal standard, pitfalls, and why convictions are uncommon
Seditious conspiracy under 18 U.S.C. §2384 requires proof of conspiring to use force to overthrow or oppose government authority; courts have set constitutional limits on speech‑based prosecutions, raising barriers to convictions when evidence only shows advocacy rather than concrete plans to employ force [5] [6]. The Hutaree prosecution’s failure shows prosecutors must demonstrate more than hostile rhetoric — they must tie defendants’ actions to plans to forcibly resist government authority [4].
5. Conflicting perspectives: aggressive enforcement vs. constitutional caution
Prosecutors and some legal scholars argue using seditious‑conspiracy charges for Jan. 6 actors was legally appropriate because the alleged conduct aimed to disrupt a cornerstone democratic function [4]. Civil libertarians and defenders have warned the statute’s history and potential First Amendment implications warrant caution; courts historically have narrowed sedition‑related convictions where speech, not action, predominated [6] [1].
6. Limits of the available sources and unanswered specifics
Available reporting identifies the 1995 Abdel‑Rahman convictions and the 2022–23 Jan. 6 convictions as the most recent major federal seditious‑conspiracy outcomes, and it lists specific sentences for some January 2023 defendants [1] [3]. However, these sources do not provide a comprehensive, up‑to‑the‑minute ledger of every federal sedition‑related conviction and sentence across all districts; they also do not supply a single summary table of “the last conviction” and corresponding universal sentence, so precise answers depend on which defendant or plea one treats as the benchmark [2] [3].
7. Practical takeaway for readers
If you mean “the most recent high‑profile federal seditious‑conspiracy convictions,” reporting points to the Jan. 6 prosecutions with convictions and multi‑year sentences announced in late 2022 and 2023, following a gap since 1995 [1] [2]. For a definitive, contemporaneous list of every federal sedition/seditious‑conspiracy conviction and sentence, consult federal court dockets or official Department of Justice releases — available sources provided here do not include a complete docket‑level compilation [3] [2].