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submitted 1 year ago* (last edited 1 year ago) by MicroWave@lemmy.world to c/politics@lemmy.world

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.

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[-] qprimed@lemmy.ml 46 points 1 year ago

“We have to be careful to count speech for what it is and not what it might do”

— Biggs’ lawyer, Norm Pattis

got it! gonna find the nearest crowded movie theatre and yell "FIRE!" at the top of my lungs. thanks, norm!

[-] fubo@lemmy.world 41 points 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.ml 8 points 1 year ago* (last edited 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.

edit: errant full stop

[-] reverendsteveii@lemm.ee 3 points 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.

this post was submitted on 31 Aug 2023
559 points (97.6% liked)

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