Five Proud Boys Indicted For Seditious Conspiracy For The January 6 Assault On Congress

The Daily Beast published my article providing an overview of the indictment of five Proud Boys for “seditious conspiracy” for their roles in the January 6 assault on Congress.

Some additional thoughts that did not make it into the article:

1. An email or text message saying “delete all of the old messages so we do not leave any evidence of our planning” to commit a crime is a really bad idea. It will be used as evidence of (1) criminal intent and (2) obstruction of justice.

2. Bragging about “changing history” via text message on January 6 while the assault on Congress was ongoing (as one defendant did) is never a good idea.

3. A criminal conspiracy is only as strong as its weakest link. Some co-conspirators have already signed co-operating plea agreements. Even if they would be subject to very difficult cross-examination as witnesses (and therefore might not be called to testify), they were able to give the Feds access to all of the encrypted messages that were exchanged before and during January 6.

4. If convicted, the sentences of the Proud Boys will be significantly increased for their use of “tactical vests” that include body armor.