Experts say Trump may face sedition charges based on January 6 convictions.

Recent convictions of high-profile defendants in Jan. 6, 2021, cases may tempt prosecutors to pursue charges of “seditious conspiracy” against former President Donald Trump in connection with unrest at the U.S. Capitol, legal analysts say.

Former President Donald Trump may face charges of “seditious conspiracy” in connection with the unrest at the U.S. Capitol on Jan. 6, 2021. However, legal analysts suggest that Trump has strong plausible defenses to such a charge. Prosecutors also risk stoking more political backlash if a Democrat-led administration presses a federal case against the leading Republican presidential candidate.

State-Level Charges Already Brought Against Trump

State-level “false business records” charges have already been brought against Trump in New York. A second state prosecution could follow over Trump’s opposition to the 2020 election tallies in Georgia. Democrat prosecutors oversee both cases, fueling Trump’s contention that the probes are politically motivated.

Meanwhile, at the federal level, Special Counsel Jack Smith has been investigating Trump on two fronts: alleged mishandling of classified documents at his Mar-a-Lago residence in Palm Beach, Florida, and Trump’s actions surrounding Jan. 6.

Although Trump could also be vulnerable to charges stemming from “document-gate,” rumblings about Smith pursuing a Jan. 6-related indictment of Trump have intensified following recent events.

‘Peaceful’ Admonition a Defense

Former law professor Rob Natelson, a senior fellow at the Independence Institute, a Colorado-based libertarian think tank, thinks prosecutors would probably have a tough time proving a seditious-conspiracy case against Trump.

“Former President Trump is on record as telling his supporters to proceed peacefully to the Capitol,” Natelson pointed out in a May 26 interview with The Epoch Times.

Trump’s urging for a massive crowd to march “peacefully and patriotically” appears to contradict accusations that Trump was trying to incite a violent attack against the U.S. government during the waning days of his presidency, Natelson said.

“I should mention: I’m no particular Trump apologist, you know. I don’t support him for reelection, for example,” Natelson said. “But I do think it’s ridiculous to charge him with sedition. That’s absurd.”

Still, Natelson said, he can foresee the potential for a prosecution to be attempted “in these days in which the law is so often weaponized.”

Hundreds of Days Jailed, Awaiting Trial

So far, at least 1,020 people have been charged with Jan. 6 offenses, according to a database compiled by LookAheadAmerica.org, a nonpartisan, nonprofit group devoted to election integrity and citizens’ rights.

The database shows that dozens of Jan. 6 defendants have been jailed for long periods while awaiting trial. As of May 31, about 145 people were behind bars for Jan. 6 charges. “Many have been detained for more than 800 days,” the group’s data analysis says. “Jake Lang, who came to Rosanne Boyland’s aid as she was dying and beaten on the steps of the Capitol building, is currently imprisoned 865 days, pretrial. In comparison, in 1979, a hostile Iranian regime held, and then released, 52 American hostages for 444 days,” Look Ahead America points out.

As The Epoch Times reported in its 2022 documentary, “The Real Story of January 6,” large numbers of protesters, concerned about whether the 2020 election was legitimate, simply carried signs, sang, and chanted.

Many people stayed outside the building and remained peaceful. Some entered through opened doors of the Capitol and strolled through the corridors like tourists, causing no harm; a number were coaxed inside. But other participants did turn violent, attacking police and vandalizing property.

Sedition Charge Debated

At least a half-dozen Jan. 6 defendants have been convicted of seditious conspiracy–a severe, rarely used accusation. The charge has been on the books since the Civil War ended; it was intended for use against Southerners bent on rebelling against the federal government.

Such a charge alleges that at least two people worked together to “overthrow, put down, or to destroy by force” the U.S. government, oppose its authority, or prevent a law from being executed.

Federal prosecutors successfully argued that members of two right-wing groups, the Proud Boys and Oath Keepers, conspired to interfere with Congress’ ceremonial counting of the Electoral College