Elizabeth de la Vega

Having spearheaded a massive conspiracy to obstruct the lawful business of the U.S. Congress via a mob attack on the U.S. Capitol by his followers who, armed with guns, bats, sledgehammers, and other weapons, carried out an hours-long siege that resulted in five deaths,2/

the president faces the possibility – and in this former prosecutor’s opinion – necessity of multiple federal charges. For now, though, let’s focus on just one: seditious conspiracy. What would be a likely sentence for conviction on seditious conspiracy based on these facts? 3/

Well, the maximum statutory penalty is 20 yrs. But what is the applicable US Sentencing Guidelines range? That’s where it gets interesting. Because the Guidelines have no offense level for seditious conspiracy, we look to the most analogous offense. 4/

In U.S. v. Rahman, 189 F. 3d 88 (2d Cir. 1999), the Second Circuit held that the District Court had properly found that the most analogous offense, for purposes of guidelines calculation, was ---- treason.5/

What, then, is the guideline level for treason? It’s Level 43, the highest U.S. Sentencing Guideline level. And what is the sentencing range for someone with no prior convictions at Level 43? 6/

The range would be up to life imprisonment, which would likely be achieved through charging, conviction and sentencing on multiple crimes. But, that is not all. 7/

Trump was an organizer; he abused his office to commit the crime; there were 100s of victims, including USG employees; the crime led to five deaths, including a homicide; and there would be multiple counts. These factors would make the offense level even higher. 8/

We don’t know all the relevant facts but, based on Trump’s public conduct, statements and tweets, we can conclude that Trump faces the real possibility of multiple charges arising out of his instigation of these crimes. Further investigation will only make the case stronger. 9/