The former Infowars correspondent, who was convicted of seditious conspiracy, “served as an instigator and leader" during the Capitol attack, federal prosecutors said.

Joe Biggs, a Proud Boys leader convicted of seditious conspiracy who the government says “served as an instigator and leader” during the Jan. 6 attack on the U.S. Capitol, was sentenced to 17 years in federal prison on Thursday.

It is among the longest sentences in Capitol riot cases. The record is the 18-year sentence given to Oath Keepers founder Stewart Rhodes, also convicted of seditious conspiracy, after prosecutors sought 25 years in federal prison in his case.

  • fubo@lemmy.world
    32·
    1 year ago

    In general, a conspiracy charge can’t be sustained on speech alone; even speech wherein two or more people agree to commit a crime. It additionally requires some overt material act in furtherance of the conspiracy.

    If Alice, Bob, and Carla get together and make a plan to break Dan’s window and steal his fancy new TV, that’s just talk. But if Alice then goes to the hardware store and buys a window-smashing hammer, now all three can be convicted for conspiracy to commit burglary.

    In this case, Biggs’ overt acts in furtherance of the conspiracy included actually breaking down fences to get at Congress.

    https://en.wikipedia.org/wiki/Criminal_conspiracy

    • qprimed@lemmy.mlEnglish
      6·
      1 year ago

      indeed. this is why the speech itself must be considered as part of the conspiracy. the comment by his lawyer seems.to take the entire act and reframe it around the speech, when its clear the speech and the act are, essentially, one in this case.

      • Alien Nathan Edward@lemm.ee
        2·
        1 year ago

        Yeah, the latest conservative tactic for pardoning criminality seems to be generalizing the acts into meaninglessness then pretending that generalized act is what’s being prosecuted. This case very clearly fits the definition of a criminal conspiracy but they’re trying to convince the base that the DoJ is ready to prosecute all conservatives for wrongthink.