Topic 3--The U.S. Constitution and Conspiracy
CASE STUDY
Title: Conspiracy and the U.S. Constitution--The Case of the January 6 Capitol Attack
Essential Question:
Did a conspiracy occur in the Capitol Insurrection, and if so, how large was it?
An overview of charges levied against participants in the January 6th, 2021 storming of the Capitol building.
Note: The information below comes from media and indictments and are only allegations at this time.
Essential Question: Did a conspiracy occur in the Capitol Insurrection and if so, how large was it?
Overview
Several group leaders of an organization known as the Proud Boys are under indictment for criminal conspiracy due to their actions and participation in the January 6, 2021 attack on the Capitol. Earlier, the group participated in free-speech protests and pro-Trump marches, often clashing with left-wing groups. Proud Boys founder Gavin McInnes, a fiscal conservative and libertarian, claims his fraternal organization exists to combat his perception of "Western" values and politically correct ideas. Participants in the male-only group become members through initiation rituals, including being beaten by other members until they successfully name a predetermined number of breakfast cereals, usually five.
Proud Boys members meet monthly to have fun and drink in celebration of "the West, of America and of freedom and liberty," according to Pawl Bazile, the editor of Proud Boy Magazine. The Southern Poverty Law Center identifies the organization as a hate group whose members and leaders "regularly spout white nationalist memes and maintain affiliations with known extremists. In addition, they are known for anti-Muslim and misogynistic rhetoric." Several of their leaders were recently indicted on conspiracy charges for attempting to stop Joe Biden's election certification. While conspiracy is a severe charge, seditious conspiracy carries more weight, and likely, a longer sentence and fine if found guilty.
According to the U.S. Code, seditious conspiracy, discussed in Topic 2, exists "If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both." Members of the Oath Keepers face this charge, but some leaders of the Proud Boys participating in storming the Capitol to prevent Congress from certifying the 2021 presidential election of Joseph Biden are more fortunate.
Rather than facing a charge of seditious conspiracy, the charge against these participants is the lesser charge of general conspiracy, cited in 18 U.S.C. § 371 and stating "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose." The statute was further defined in Whitfield v. United States as requiring an overt act to further the agreement, meaning that all conspiracy members are liable even if they did not actively participate in the actual act. They are accountable for participation in any conspiracy aspect, including planning through execution. While more than thirty-six of the 750 people currently charged by federal authorities in the storming of the Capitol are members or associates of the Proud Boys, only seven of their leaders are charged with conspiracy.
Matthew Greene of New York, a member of the Proud Boys organization, pleaded guilty to conspiracy confessing that he and other group members planned to prevent Congress from certifying the Electoral College votes for the 2021 Presidential Election. Following his guilty plea, the government charged Dominic Pezzola, 44, of Rochester, New York, along with Ethan Nordean, 31, of Auburn, Washington, Joseph Biggs, 38, of Ormond Beach, Florida, Zachary Rehl, 36, of Philadelphia, Charles Donohoe, 34, of Kernersville, North Carolina, and Dominic Pezzola, 44, of Rochester, New York with conspiracy to disrupt a joint session of Congress. Henry "Enrique" Tarrio, recently added to the indictment, will soon be transferred to the District of Columbia to face this charge as well.
Tarrio, a Proud Boys leader, is accused of planning to occupy several "crucial buildings" in D.C. on January 6 and, as early as December 2020, possessed a nine-page planning document titled "1776 Returns" containing details of the planned attack. Therefore, even though he was not present on the 6th, Tarrio was fully engaged in planning the attack on the Capitol, including meeting with Elmer Stewart Rhodes, founder, and leader of the Oath Keepers, in an underground parking garage to coordinate their efforts to prevent the certification. Because of these and previous actions, Tarrio was added to the indictment. Two other Proud Boys leaders, Green and Pezzola, traveled to Washington, D.C. together from Syracuse, New York on January 5 to participate in a "coordinated attack" on the Capitol to prevent Biden's certification.
Then, on January 6 at 6 a.m., nearly 100 Proud Boys gathered at the Washington Monument to coordinate and execute the plan that took place months earlier. The Proud Boys participating in the Capitol breach used special Chinese-made radios to communicate on difficult-to-track frequencies. Later that day, according to the indictment, before Trump's speech ended, several Proud Boys leaders "directed, mobilized, and led members of the crowd onto the Capitol grounds and into the Capitol, leading to dismantling of metal barricades, destruction of property, and assaults on law enforcement."
Although Tarrio did not attend on the 6th, he was in contact with Biggs by phone as Biggs joined others breaching the Capital at around 3 p.m. Just before Biggs entered into the Capitol, Tarrio posted, "Make no mistake...we did this," and then "Proud of My Boys and my country." Those leaders participating in organizing the Proud Boys to breach the Capitol face charges of attempting to obstruct an official proceeding, obstruction of an official proceeding, and two counts each of "assaulting, resisting, or impeding certain officers and destruction of government property." Each of these people remain incarcerated while waiting for trial and face more prison time and fines if found guilty.
Update: Tarrio and four other leaders of the "Proud Boys" are now charged along with members of the Oath Keepers with seditious conspiracy. The source of some information comes from insider Charles Donohoe, Proud Boy member from North Carolina who cooperated with investigators following his guilty plea.
GOVERNMENT 101 CASE STUDY
Title: Conspiracy and the U.S. Constitution: The Case of the January 6 Capitol Attack
Essential Question:
Did a conspiracy occur in the Capitol Insurrection, and if so, how large was it?
Learning Objectives:By the end of this case study, students will be able to:
Case Background:On January 6, 2021, a mob stormed the United States Capitol in an attempt to disrupt the certification of the 2020 Presidential Election. Among the participants were members of the Proud Boys, a male-only far-right group. The group, originally known for provocative public demonstrations and nationalist rhetoric, was later implicated in planning and executing a coordinated attack to prevent Congress from affirming Joseph Biden’s election victory.
While over 750 individuals were charged, only a subset—including leaders of the Proud Boys and the Oath Keepers—were indicted for conspiracy or seditious conspiracy. The legal distinction between these charges is significant and determines the severity of sentencing.
Key Legal Frameworks:1. General Conspiracy (18 U.S.C. § 371):“If two or more persons conspire either to commit any offense against the United States, or to defraud the United States... they shall each be fined... or imprisoned not more than five years, or both.”
Key Individuals and Developments:
Discussion Questions:
In-Class Activity: Mock Indictment HearingRole-Play: Divide students into four groups representing:
Extension Assignment:Have students write a 1–2 page reflection responding to the question:
What does the Proud Boys case teach us about the balance between constitutional rights and national security?
Sources for Further Reading:
Several group leaders of an organization known as the Proud Boys are under indictment for criminal conspiracy due to their actions and participation in the January 6, 2021 attack on the Capitol. Earlier, the group participated in free-speech protests and pro-Trump marches, often clashing with left-wing groups. Proud Boys founder Gavin McInnes, a fiscal conservative and libertarian, claims his fraternal organization exists to combat his perception of "Western" values and politically correct ideas. Participants in the male-only group become members through initiation rituals, including being beaten by other members until they successfully name a predetermined number of breakfast cereals, usually five.
Proud Boys members meet monthly to have fun and drink in celebration of "the West, of America and of freedom and liberty," according to Pawl Bazile, the editor of Proud Boy Magazine. The Southern Poverty Law Center identifies the organization as a hate group whose members and leaders "regularly spout white nationalist memes and maintain affiliations with known extremists. In addition, they are known for anti-Muslim and misogynistic rhetoric." Several of their leaders were recently indicted on conspiracy charges for attempting to stop Joe Biden's election certification. While conspiracy is a severe charge, seditious conspiracy carries more weight, and likely, a longer sentence and fine if found guilty.
According to the U.S. Code, seditious conspiracy, discussed in Topic 2, exists "If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both." Members of the Oath Keepers face this charge, but some leaders of the Proud Boys participating in storming the Capitol to prevent Congress from certifying the 2021 presidential election of Joseph Biden are more fortunate.
Rather than facing a charge of seditious conspiracy, the charge against these participants is the lesser charge of general conspiracy, cited in 18 U.S.C. § 371 and stating "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose." The statute was further defined in Whitfield v. United States as requiring an overt act to further the agreement, meaning that all conspiracy members are liable even if they did not actively participate in the actual act. They are accountable for participation in any conspiracy aspect, including planning through execution. While more than thirty-six of the 750 people currently charged by federal authorities in the storming of the Capitol are members or associates of the Proud Boys, only seven of their leaders are charged with conspiracy.
Matthew Greene of New York, a member of the Proud Boys organization, pleaded guilty to conspiracy confessing that he and other group members planned to prevent Congress from certifying the Electoral College votes for the 2021 Presidential Election. Following his guilty plea, the government charged Dominic Pezzola, 44, of Rochester, New York, along with Ethan Nordean, 31, of Auburn, Washington, Joseph Biggs, 38, of Ormond Beach, Florida, Zachary Rehl, 36, of Philadelphia, Charles Donohoe, 34, of Kernersville, North Carolina, and Dominic Pezzola, 44, of Rochester, New York with conspiracy to disrupt a joint session of Congress. Henry "Enrique" Tarrio, recently added to the indictment, will soon be transferred to the District of Columbia to face this charge as well.
Tarrio, a Proud Boys leader, is accused of planning to occupy several "crucial buildings" in D.C. on January 6 and, as early as December 2020, possessed a nine-page planning document titled "1776 Returns" containing details of the planned attack. Therefore, even though he was not present on the 6th, Tarrio was fully engaged in planning the attack on the Capitol, including meeting with Elmer Stewart Rhodes, founder, and leader of the Oath Keepers, in an underground parking garage to coordinate their efforts to prevent the certification. Because of these and previous actions, Tarrio was added to the indictment. Two other Proud Boys leaders, Green and Pezzola, traveled to Washington, D.C. together from Syracuse, New York on January 5 to participate in a "coordinated attack" on the Capitol to prevent Biden's certification.
Then, on January 6 at 6 a.m., nearly 100 Proud Boys gathered at the Washington Monument to coordinate and execute the plan that took place months earlier. The Proud Boys participating in the Capitol breach used special Chinese-made radios to communicate on difficult-to-track frequencies. Later that day, according to the indictment, before Trump's speech ended, several Proud Boys leaders "directed, mobilized, and led members of the crowd onto the Capitol grounds and into the Capitol, leading to dismantling of metal barricades, destruction of property, and assaults on law enforcement."
Although Tarrio did not attend on the 6th, he was in contact with Biggs by phone as Biggs joined others breaching the Capital at around 3 p.m. Just before Biggs entered into the Capitol, Tarrio posted, "Make no mistake...we did this," and then "Proud of My Boys and my country." Those leaders participating in organizing the Proud Boys to breach the Capitol face charges of attempting to obstruct an official proceeding, obstruction of an official proceeding, and two counts each of "assaulting, resisting, or impeding certain officers and destruction of government property." Each of these people remain incarcerated while waiting for trial and face more prison time and fines if found guilty.
Update: Tarrio and four other leaders of the "Proud Boys" are now charged along with members of the Oath Keepers with seditious conspiracy. The source of some information comes from insider Charles Donohoe, Proud Boy member from North Carolina who cooperated with investigators following his guilty plea.
GOVERNMENT 101 CASE STUDY
Title: Conspiracy and the U.S. Constitution: The Case of the January 6 Capitol Attack
Essential Question:
Did a conspiracy occur in the Capitol Insurrection, and if so, how large was it?
Learning Objectives:By the end of this case study, students will be able to:
- Define and distinguish between general conspiracy and seditious conspiracy under U.S. law.
- Analyze how the U.S. Constitution and legal code apply to group actions like those of the Proud Boys.
- Evaluate the constitutional and legal implications of the January 6th attack on the U.S. Capitol.
- Discuss how criminal conspiracy is prosecuted and what evidence is needed to establish it in court.
- Reflect on the limits and protections of the First Amendment in relation to violent or subversive acts.
Case Background:On January 6, 2021, a mob stormed the United States Capitol in an attempt to disrupt the certification of the 2020 Presidential Election. Among the participants were members of the Proud Boys, a male-only far-right group. The group, originally known for provocative public demonstrations and nationalist rhetoric, was later implicated in planning and executing a coordinated attack to prevent Congress from affirming Joseph Biden’s election victory.
While over 750 individuals were charged, only a subset—including leaders of the Proud Boys and the Oath Keepers—were indicted for conspiracy or seditious conspiracy. The legal distinction between these charges is significant and determines the severity of sentencing.
Key Legal Frameworks:1. General Conspiracy (18 U.S.C. § 371):“If two or more persons conspire either to commit any offense against the United States, or to defraud the United States... they shall each be fined... or imprisoned not more than five years, or both.”
- Requirement: At least one overt act in furtherance of the conspiracy.
- Case Reference: Whitfield v. United States confirmed that all parties in the conspiracy can be held liable.
- This charge reflects intent to challenge or overthrow government operations using force.
Key Individuals and Developments:
- Gavin McInnes – Founder of the Proud Boys, a libertarian and self-proclaimed defender of “Western values.”
- Henry “Enrique” Tarrio – Proud Boys leader indicted for conspiracy despite not being physically present on January 6. He possessed a planning document titled “1776 Returns” and coordinated with Oath Keepers' leader Elmer Stewart Rhodes.
- Dominic Pezzola, Ethan Nordean, Joseph Biggs, Zachary Rehl, Charles Donohoe – Charged with conspiracy to disrupt the certification process.
- Matthew Greene – Pleaded guilty to conspiracy and provided insider information.
- Charles Donohoe – Cooperated with investigators after his guilty plea.
Discussion Questions:
- Legal Interpretation: Based on the definitions provided, should the Proud Boys leaders have been charged with general conspiracy or seditious conspiracy? Why?
- Constitutional Rights: Where is the line between free speech/protest and criminal conspiracy? Did the Proud Boys cross it?
- Group Responsibility: How does group coordination impact individual accountability under conspiracy law?
- Digital Tools in Modern Crime: How did the use of radios and encrypted communications affect the investigation and charges?
- Accountability without Presence: Should Tarrio be as accountable as those who physically entered the Capitol? Why or why not?
In-Class Activity: Mock Indictment HearingRole-Play: Divide students into four groups representing:
- Federal Prosecutors
- Defense Attorneys
- The Jury
- Media Analysts
Extension Assignment:Have students write a 1–2 page reflection responding to the question:
What does the Proud Boys case teach us about the balance between constitutional rights and national security?
Sources for Further Reading:
- U.S. Code § 371: https://www.law.cornell.edu/uscode/text/18/371
- U.S. Code § 2384: https://www.law.cornell.edu/uscode/text/18/2384
- Gavin McInnes (Wikipedia): https://en.wikipedia.org/wiki/Gavin_McInnes