In November 2022, Oath Keeperrs Elmer Stewart Rhodes III and Kelly Meggs were convicted of seditious conspiracy. In January 2023, Oath Keepers Roberto Minuta, Joseph Hackett, David Moerschel and Edward Vallejo were convicted of seditious conspiracy. On Thursday, there were more convictions for seditious conspiracy. This time it was Proud Boys.

Four members of the Proud Boys, including their former leader Enrique Tarrio, were convicted on Thursday of seditious conspiracy for plotting to keep President Donald J. Trump in power after his election defeat by leading a violent mob in attacking the Capitol on Jan. 6, 2021.

In addition to Tarrio, the guilty included Ethan Nordean, Joseph Biggs and Zachary Rehl. All of these individuals have “conspire[d] to overthrow, put down, or to destroy by force the Government of the United States.” They all participated in a coup d’état attempt on January 6, 2021.

It’s important to understand that participation in the January 6 riots has now been defined as participation in an effort to overthrow the government. This is every bit as serious as treason, which is the crime of aiding and abetting enemies of the U.S. Government. However, while treason can carry the death penalty, seditious conspiracy carries a maximum sentence of twenty years in prison. I can’t say I understand the discrepancy.

Another thing I can’t understand is how these Oath Keepers and Proud Boys can be guilty without Donald Trump also being guilty. I don’t know if Special Counsel Jack Smith will ultimately charge Trump with sedition. He may conclude that other charges are sufficient and more likely to succeed. That might be a prudent prosecutorial decision, but it won’t make sense from an objective evaluation of the facts.

Trump planned and led the coup and he did nothing to stop it. No American since at least the 1860’s has committed so grave a crime.