Prof. Rozenshtein Quoted by AP News, New Yorker, CNN, & The Dispatch on January 6th Insurrection Trial for the Oath Keepers
Professor Alan Rozenshtein was recently quoted by AP News, New Yorker, CNN, & The Dispatch on the trial for five members of the Oath Keepers, who are being tried for seditious conspiracy for their involvement in the January 6th Capitol insurrection. Professor Rozenshtein defined seditious conspiracy as "acting for the purpose of preventing the government from enforcing the law as a government." While the charge is seditious conspiracy is very rare, that doesn't necessarily mean it's difficult to prove. Rozenshtein explained that "It’s just a criminal charge, like anything else. If you have the facts, you can prove it. It’s just that generally, we haven’t seen a lot of … forced ideological attempts to keep the government from doing its business, in a way that rises to the level of seriousness that DOJ thinks that it’s appropriate to bring.” The defendant's legal team is planning to frame the Oath Keepers' activities were lawful preparation to follow the Insurrection Act if it were to be invoked by Donald Trump. The Insurrection Act is a series of laws passed between 1792 and 1874 that authorizes the President to call in militias among other forces to suppress an insurrection that would infringe upon the rights of the people. Rozenshtein shared that he was "exceedingly skeptical" that such defense would be successful.