A trial started this week in Washington for the seditious conspiracy case against the founder of the Oath Keepers and other members of the antigovernment militia group for their participation in the Jan. 6 attack. Many of them were charged with misdemeanors such as parading inside the Capitol. We arent getting through this without a civil war, he messaged days after the presidential election. In the case of the Oath Keepers, the government will have to overcome similar First Amendment concerns. Michael McDaniel, Director of Homeland Law at Cooley Law School, told Insider the case against the Proud Boys would likely carry with it the maximum sentence of 20 years, based on the magnitude of the attack on the Capitol on Jan. 6, 2021. "There's been this theme ever since where the question is, were the individuals just criticizing the government?" How often is seditious conspiracy charged. Participants in the riot have been charged with minor crimes such as trespassing or other lower-level offenses. You are not a client until your case has been accepted by Esfandi Law Group and an agreement has been signed. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. In a press release accompanying the conspiracy charges, the Department of Justice alleged specific actions by the defendants, including planning to travel to Washington, and bringing weapons to the area in support of the operation. I see a danger that it could be used to support seditious conspiracy charges against other, potentially nonviolent, groups. The trial also featured testimony from Michael Greene, aka "Whip," who waived his Fifth Amendment right to testify on Rhodes' behalf. The national chaplain of the Ku Klux Klan hugged several defendants following the verdict and touted it as a victory for white nationalism. During the World War I, pacifists and dissidents were frequently charged with sedition and seditious conspiracy based on their political advocacy and criticism of government. WASHINGTON A federal jury in Washington on Tuesday found Oath Keepers founder Stewart Rhodes and Kelly Meggs, another member of the far-right organization, guilty of seditious conspiracy in connection with the Jan. 6 attack on the U.S. Capitol, a victory for the government in a case that involved a rarely used Civil War era statute. Theyve gone for the low-hanging fruit first and things are going to get more interesting as the days go by, Ross said. Its members were acquitted in 2012 after a federal judge found the government did not prove beyond a reasonable doubt the defendants had explicit plans for a rebellion, despite their hateful rhetoric. In order to win a seditious conspiracy case, prosecutors have to prove that two or more people conspired to overthrow, put down or to destroy by force the U.S. government or bring war against it, or that they plotted to use force to oppose the authority of the government or to block the execution of a law. [More than 140,000 readers get one of The Conversations informative newsletters. Seditious Conspiracy is a serious felony punishable bysignificant fines and up to 20 years in federal prison. Clockwise from top left: Jessica Watkins, Kelly Meggs, Stewart Rhodes, Kenneth Harrelson and Thomas Caldwell. | Federal Criminal Defense, https://versustexas.com/seditious-conspiracy/, Seditious conspiracy is a federal offense defined in. Timothy Zick, Professor of Law, William & Mary Law School. Stewart Rhodes was found guilty of seditious conspiracy and other charges tied to his role in the Jan. 6, 2021, attack on the U.S. Capitol. More than three dozen people charged in the Capitol siege have been identified by federal authorities as leaders, members or associates of the Proud Boys. In this article, we will explain the offense and how the government is using this obscure law to prosecute a far-right militia group for their alleged involvement in the invasion of the U.S. Capitol. You should speak with a licensed attorney about your case. "We're very much in exactly the same spot that the Founding Fathers were in like March 1775. The seditious conspiracy case is the most serious to grow out of the Justice Department's sprawling investigation into the U.S. Capitol attack. Legally, seditious conspiracy occurs when two or more people conspire tooverthrow, put down or to destroy by force theU.S. government or bring war against it, or plot to use force to oppose the authority of the government or to block the execution of a law. The last time the government won a guilty verdict on the charge was during the 1995 prosecution of Islamic militantswho plotted to bomb New York City landmarks, just four months after the 1993 bombing of the World Trade Center. The first stack split up inside the building to go after the House and Senate. Ryan J. Reilly is a justice reporter for NBC News. The First Amendment also may pose a significant hurdle for prosecutors trying to prove seditious conspiracy. In the weeks before the insurrection, Rhodes allegedly purchased tens of thousands of dollars worth of weapons and began communicating to other Oath Keepers in an encrypted group chat. We could have fixed it right then and there," Rhodes said in a Jan. 10, 2021, meeting with a man who he believed would be able to pass along a message to Trump. Sedition Laws and Freedom of Speech . Business Insider Or what about when commendable changes in written constitutions mask new and more The seditious conspiracy charges filed against Stewart Rhodes, founder of the Oath Keepers militia, along with 10 other defendants, opens a new and significant chapter in the events of Jan. 6, 2021. But because sedition charges so rarely go to trial, there isnt a great deal of precedent for how such trials proceed, experts say. Oath Keepers founder Elmer Stewart Rhodes and member Kelly Meggs were found guilty Tuesday of seditious conspiracy when they acted on January 6, 2021 to prevent the peaceful transfer of power from then-President Donald Trump to President Joe Biden, in one of the most consequential trials to follow the insurrection. The charge carries with it a potential sentence of up to 20 years in prison and a fine. ': Oath Keepers' words used against them in government's closing remarks, Stewart Rhodes: Stewart Rhodes denies planning Oath Keepers' Jan. 6 Capitol riot involvement in testimony. The federal indictment alleges that, following the Nov. 3, 2020, presidential election, the Oath Keepers began conspiring how to overturn the election results and prepared for a siege by purchasing weapons and setting up battle plans.The FBI obtained encrypted communications among the Oath Keepers, including a message on Nov. 5 by the leader that read: We arent getting through this without a civil war. As a First Amendment scholar, I believe they may also give rise to serious concerns about the rights of others protesting government actions down the road. There must be some sort of planned action for seditious conspiracy to be validated. Leader Stewart Rhodes found guilty of seditious conspiracy in Jan. 6 attack, 'Why distance yourself from the truth? Caldwell's attorney, David Fischer, called the seditious conspiracy acquittal a big win for his client. James' Although the maximum penalty for seditious conspiracy, 20 years imprisonment, is less than that for many other federal crimes, seditious conspiracy remains an exceptionally On March 2, one of the 11 defendants pleaded guilty to seditious conspiracy, admitting he tried to keep President Biden from taking office and agreed to cooperate with the government. Seditious conspiracy is punishable by up to 20 years in federal prison. "The prosecutor has to prove that the individuals who have been indicted now knew that this was an activity on behalf of everybody involved. READ MORE: New Zealand declares Proud Boys a terrorist organization. While McDaniels said he believes the case of the Proud Boys attacking the Capitol on Jan. 6 is a textbook case of seditious conspiracy, proving all four of those elements will likely be a challenge for prosecutors. Access your favorite topics in a personalized feed while you're on the go. Oath Keepers founder Elmer Stewart Rhodes and member Kelly Meggs were found guilty Tuesday of seditious conspiracy. The seditious conspiracy charges in Jan. 6 trial The former Proud Boys national chairman is standing trial on the most serious charge that has been lodged in the U.S. Capitol attack. U.S. District Judge Timothy Kelly agreed to release Bertino pending a sentencing hearing that wasnt immediately scheduled. Oath Keepers have been charged with seditious conspiracy, related to the breach of the U.S. Capitol on January 6, 2021. Seditious conspiracy prosecutions are rare in the U.S., but not unheard of. Three other members of the group who were on trial alongside Rhodes and Meggs Jessica Watkins, Kenneth Harrelson and Thomas Caldwell were found not guilty on the seditious conspiracy charge. As one of the most prominent leaders in the far-right movement over the past decade, Rhodess trial is set to be the highest-profile case so far in the investigation and one of the most significant domestic extremism cases in years. Entering a restricted area or obstructing a congressional proceeding are far easier crimes to prove than plots to overthrow or hinder the U.S. government. Such concerns may be yet another reason prosecutors had seemingly been reluctant to rely on seditious conspiracy charges for the Jan. 6 defendants. The seditious conspiracy case is the most serious to grow out of the Justice Department's sprawling investigation into the U.S. Capitol attack. The two seditious conspiracy verdicts were wins for the department, which has brought forward the relatively rare charges against a number of Oath Keepers, as well as members of the far-right Proud Boys. The maximum penalty for seditious conspiracy is 20 years in prison, a fine of $250,000 and three-year supervised release, along with other fees and penalties. James' cooperation can be used in determining his sentencing, presiding Judge Amit P. Mehta explained to the court. What is the punishment for seditious conspiracy? Overall pleased. Some of the most violent rhetoric the government presented during the nearly two-month trial came from the two defendants who were found guilty of seditious conspiracy: Rhodes and Meggs. 1089). Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. For an optimal experience visit our site on another browser. Caldwell, who was also found guilty of tampering with documents or proceedings and aiding and abetting, was the only one of the five who was not detained while awaiting trial. Three other Oath Keepers associateson trial were acquitted of the charge. Sedition has been defined as a conspiracy to engage in an unlawful act, such as treason or insurrection. Oath Keepers trial: Leader Stewart Rhodes found guilty of seditious conspiracy in Jan. 6 attack. 1956Act July 24, 1956, substituted $20,000 for $5,000, and twenty years for six years. Caldwell stayed at the "QRF" hotel and met with Oath Keepers near Trump's speech in Washington on Jan. 6 before he went with his wife to the Capitol, where they went to the top of the inauguration platform set up on the west side of the Capitol. Learn more about Friends of the NewsHour. Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases. L. 103322, title XXXIII, 330016(1)(N). After federal agents used a warrant to seize his phone in May last year, Rhodes stated that he sat for a nearly three-hour interview with authorities and claimed he had nothing to hide. Most of the harsher sentences went to people who assaulted police, brought weapons to the riot, or threatened politicians. ", It also defines the charge as using force to "prevent, hinder, or delay the execution of any law of the United States" or to "seize, take, or possess any property of the United States contrary to the authority thereof.". They trampled it, instead. Required fields are marked *. Please refer to our, 'Seditious Conspiracy' Versus The First Amendment, Others have been charged with more serious offenses, announced on Jan. 13, 2022 by the Department of Justice, brought against Puerto Rican nationalists, brought against members of the Hutaree militia, press release accompanying the conspiracy charges, pacifists and dissidents were frequently charged, considered charging Black Lives Matter protesters with seditious conspiracy, Garland's DOJ Arrests Oath Keepers Boss, Charges 10 With Seditious Conspiracy, Seditious Mob Storms The Capitol For Their God Trump, Alina Habba Claims The Democrats Orchestrated The January 6 Attatck On The US Capitol, Gold Medal Recipients Make A Bold Statement To The Republican Party, 'Carnage': Capitol Police Officer Edwards Described 'War Scene' At The Capitol, 'You F**ked Me! Vice Media co-founder Gavin McInnes, who founded the Proud Boys in 2016, sued the Southern Poverty Law Center for labeling it as a hate group. Lawmakers created the seditious conspiracy law following the Civil War. Seditious conspiracy often occurs before an act of treason. Prior results do not guarantee a similar result or predict the outcome of a case. By clicking Sign up, you agree to receive marketing emails from Insider This case is a plan that was executed and the federal government is on much stronger grounds, Braver said. Rhodes and one other Oath Keeper, Floridian Kelly Meggs, were found guilty ofthe former. 678, 3, 70 Stat. To become an ad-free subscriber please select one of the following two options. Hundreds of additional cases are in the works. That's what made this so egregious to me and made it seem seditious to me from the beginning.". Former Proud Boys national chairman Henry nrique Tarrio and four other group members also have been charged with seditious conspiracy for what prosecutors say was a coordinated attack on the U.S. Capitol to stop Congress from certifying President Joe Bidens 2020 electoral victory. Sedition is a conspiracy to engage in an unlawful act, such as committing treason or engaging in an insurrection. It`s an offense that was adopted from old English law by the country`s founders. Two of the men are from North Texas, including the leader of the group who lives in Granbury. However, the federal seditious conspiracy law also prohibits using force to prevent, hinder, or delay the execution of any law of the United States and using force to seize, take, or Truthfully, there was no credibility to Trumps claims, and there is evidence that he was well aware that he lost, yet continued to defraud the American public with claims of a stolen election. If any case fits the seditious conspiracy crime, perhaps this is it. Michael Kunzelman, Associated Press. The Justice Department has charged about 900 people in connection with the Capitol attack and is asking Congress for more resources for the investigation. However, juries have also acquitted members of a neo-Nazi group charged with seditious conspiracy for conspiring to overthrow the U.S. government and assassinate federal officials. Others have been charged with more serious offenses, such as obstructing a congressional proceeding or bringing a weapon inside the U.S. Capitol. The case against Rhodes and the Oath Keepers is more straightforward than past seditious conspiracy charges against the far right, experts say, both because there appears to be extensive evidence of planning before the Capitol attack and because numerous members took tangible actions to breach the Capitol. Source We now know, of course, that their seditiousplans, inflamed by Trump himself, came to pass. "You have to have an agreement to carry out a criminal act. ': Oath Keepers' words used against them in government's closing remarks, Stewart Rhodes denies planning Oath Keepers' Jan. 6 Capitol riot involvement in testimony, Your California Privacy Rights/Privacy Policy. Based on title 18, U.S.C., 1940 ed., 6 (Mar. Seditious conspiracy occurs when two or more people in the U.S. conspire to overthrow, put down, or to destroy by force the U.S. government, or to levy war against it, or to oppose by force and try to prevent the execution of any law. Four other Oath Keepers charged in conjunction with Rhodes Roberto Minuta, Joseph Hackett, David Moerschel and Ed Vallejo are set to go to trial in early December. Seditious conspiracy is punishable by up to 20 years in federal prison. People convicted of seditious conspiracy could face a fine and up to 20 years in prison. The government sought to punish rebel Southerners who resisted the authority of the Constitution and existing Union. Your email address will not be published. At a Texas rally in the months following the insurrection, he told a crowd that he may go to jail for made-up crimes. The second stack confronted officers inside the Capitol Rotunda, the indictment said. All three defendants who went inside the Capitol on Jan. 6 Meggs, Harrelson and Watkins were found guilty of conspiracy to prevent an officer from discharging their official duties. For example, if a person suggests a revolution by any means necessary, it is not an attempt to conspireto overthrow the government. 2384 dealing with seditious conspiracy and 18 U.S.C. The militia members were ultimately acquitted of sedition, albeit with several pleading guilty to less severe weapons charges. On November 29, 2022, jurors convicted the founder and leader of the Oath Keepers of seditious conspiracy in a joint trial with four other members of the organization. Prosecutors in the Oath Keepers trial charged that the militia members conspired to forciblyoppose the authority of the federal government and forcibly block the execution of laws governing the transfer of presidential power. If anything is seditious conspiracy, this is it.. Longer Sentences for Jan. 6 Rioters Likely In Seditious Conspiracy Cases. Fortunately, their efforts were not successful. But in the hands of a zealous prosecutor, the potential for abuse is clear. And in July, Enrique Tarrio and four other members of the Proud Boys were charged with seditious conspiracy in what one constitutional expert calls a "textbook case" of sedition, but the charges themselves face an uphill battle in court. Any comments that are sexist or in any other way deemed hateful by our staff will be deleted and constitute grounds for a ban from posting on the site. The crime of seditious conspiracy involves joining with others to overthrow the government of the United States. The 25-year-old TV star is the daughter of 'Chrisley Knows Best' stars Todd and Julie Chrisley - were found guilty of 12 counts of tax evasion, bank and wire fraud and conspiracy in June - and took to social media on Wednesday (18.01.23) to declare her love for her mother, one day after she began her seven Two of them Matthew Greene and Charles Donohoe pleaded guilty to conspiring to obstruct an official proceeding, the Jan. 6 joint session of Congress for certifying the Electoral College vote. "To me, this was a textbook case," McDaniel said. A sixth member of the group, Charles Donohoe, 34, of Kernersville, North Carolina, pleaded guilty on April 8, 2022, to conspiracy to obstruct an official proceeding and assaulting, resisting, or impeding officers. Subscribe to Heres the Deal, our politics newsletter for analysis you wont find anywhereelse. Some are critical of the number of defendants being given little to no jail time. Treason prosecutions are even rarer than seditious conspiracy cases, and is punishable by death, with a minimum sentence of five years in jail. Trump has asked his supporters including members of the extremist male chauvinist group Proud Boys to protest the election results. Seditious conspiracy was last charged in 2010, when members of theHutaree militia, a right-wingChristian paramilitary group founded in Michigan,were accused ofplotting to kill a police officer and then attack those in attendance atthefuneral. Greene, a military veteran who worked for the company formerly known as Blackwater, testified that the Oath Keepers were on a security mission and that he didn't take Rhodes' talk about civil war seriously. In a conference call in November 2020, which was recorded by at least one member, Rhodes said those who opposed Biden were on the same path as the Founding Fathers were before the American Revolution. Members of the Oath Keepers seen among Trump supporters at the US Capitol. It also can be applied in cases where suspects seize any government property and carries up to 20 years in prison if convicted. Court documents revealed messages exchanged between Rhodes and other Oath Keepers ahead of the riot. Every case is different. Join the list today.]. If you have been accused of sedition in North Texas or are facing charges stemming from the Capitol riot, its imperative that you contact an experienced federal defense attorney. Seditious conspiracy is a broad statute that concerns attempts to overthrow the government, levy war against it or prevent, hinder or delay the execution of any law. Bertino also pleaded guilty to a charge of unlawfully possessing firearms in March 2022 in Belmont, North Carolina. Your email address will not be published. A notable example is the attempted takeover of the U.S. Capitol by the Proud Boys and others on January 6th, 2021. One Oath Keeper admitted as part of a plea deal last year that he brought an M4 rifle to a Comfort Inn hotel near the Capitol, while Rhodes and others allegedly discussed quick reaction force teams that could move into Washington DC with firearms. Elements of seditious conspiracy include: The government must prove that the defendant in fact conspired to use force. According to news reports, the last time prosecutors brought sedition charges was in 2010 against members of the Hutaree a small far-right Christian militia group in Michigan. Prior to the jury's decision on Tuesday, the charge had not been used for decades in the U.S. Using an attorney-backed defense is the best option to get your charges dropped or reduced. It was used to charge Southerners who fought against the U.S. government and could continue to do so. Under federal law, persons are guilty of seditious conspiracy if they conspire to overthrow, put down, or destroy the government by force. What is the punishment for seditious conspiracy? Seditious conspiracy is when people conspire to overthrow, put down, or destroy the government. IE 11 is not supported. So far, in all 14 cases where rioters were given more than a year-long sentence. It has since been rewritten, with the current law stating: "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.". 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 The rest of the defendants are from various parts of the country, including Virginia, Florida, Georgia, and Ohio. A government exhibit showing people associated with the Oath Keepers. We cannot stress enough that you read, understand and follow these 10basicrules if you are criminally charged or under investigation: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving The Entire Greater Los Angeles Area. "It was the fact that they were smashing windows, pouring into the Capitol, at exactly the time that the Senate is counting, under the election Control Act, they're counting the ballots of the electors from each state. The two Oath Keepers found guilty of seditious conspiracy bolster the government's narrative that the Capitol attack threatened American democracy, serving as awarning to governmentdissenters thatviolent acts against the U.S. will be punished. Watkins was also found guilty on a count of civil disorder and aiding and abetting because, as she admitted on the stand, she helped push against officers inside the Capitol. This was the worst attack on the presidency ever know in American history, and it is still being written as the January 6th hearings continue. This is the greatest example in the United States history of someone trying to seize the federal government. Throughout his seven-week trial, prosecutors sought to paint Rhodes as seeking to plot a violent insurrection aimed at disrupting the peaceful transfer of power. Seditious conspiracy is when people conspire to overthrow, put down, or destroy the government. Proving the elements of seditious conspiracy can be factually and legally difficult. Nine people lost their lives as a result of January 6th. The defense, meanwhile, argued that Abdel-Rahmans speech was constitutionally protected and that he never directly planned attacks. Too late for that. In the case of the Hutaree militia, defense lawyers argued the men were play fighting and their criticism of the government was protected under the First Amendment. In other words, if two or more people have plans to take over the government, they may be charged with seditious conspiracy. Legal experts believe more multi-year sentences will be given as rioters with more severe charges face sentencing. Seditious conspiracy charges are rarely used in American jurisprudence, said Jeffrey Ian Ross, a criminologist and expert on political crime at the University of Baltimore. Justice Department prosecutor Erik Kenerson said estimated sentencing guidelines for Bertinos case recommend a prison sentence ranging from four years and three months to five years and three months. Even Rhodes, who is not believed to have actually stormed the building, is alleged to have plotted to bring weapons to the area and coordinate militia movements. The FBI will always uphold the rights of all citizens who peacefully engage in First Amendment protected activities, but we and our partners will continue to hold accountable those who engaged in illegal acts regarding the January 6, 2021, siege on the U.S. Capitol.. Modern interpretations of freedom of speech impose stringent requirements in prosecutions for inciting violence. The content on this website is for informational purposes only and is not legal advice. For example, a 2010 seditious conspiracy charge brought against members of the Hutaree militia, which the government alleged planned to wage war against the government, was dismissed because the prosecutions case rested substantially on hateful and offensive speech by members of the Christian extremist group that was protected by the First Amendment. Daniel Barnes reports for NBC News, based in Washington. Seditious conspiracy is one of 57 federal crimes under the terrorism enhancement statute and can carry a 20-year prison sentence along with a maximum fine of $20,000. FBI Director Christopher Wray said the case shows "breaking the law in an attempt to undermine the functioning of American democracy will not be tolerated," andU.S. Attorney Matthew M. Graves for the District of Columbia said it "reaffirms the strength of our democracy and the institutions that protect and preserve it.". He claims that Oath Keepers who entered the Capitol went totally off mission and that he was only there to prevent his militia members from getting into trouble. 1994Pub. Stewart Rhodes, founder of the right-wing militia group Oath Keepers, was found guilty of seditious conspiracy for planning to violently overthrow President Joe Biden's 2020 Although it does not protect speech that incites imminent lawless action, the First Amendment does protect speech that advocates overthrowing government in more abstract terms. Watkins, Kelly Meggs, Stewart Rhodes found guilty of seditious conspiracy is a federal defined! Buy a year 's subscription for an ad-free subscriber please select one of the extremist male chauvinist group Boys... Esfandi Law group and an agreement to carry out a Criminal act Harrelson Thomas! In cases where suspects seize any government property and carries up to 20 in. To less severe seditious conspiracy minimum sentence charges trespassing or other lower-level offenses you have to overcome similar First also... Informational purposes only and is not an attempt to conspireto overthrow the government of a zealous prosecutor, the had. 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Top left: Jessica Watkins, Kelly Meggs were found guilty of seditious conspiracy should speak with licensed. Prove that the defendant in fact conspired to use force $ 5,000, and thanks him. `` you have to overcome similar First Amendment concerns it is not legal advice Keepers founder Elmer Rhodes... Given more than 140,000 readers get one of the Constitution and existing.!, 2021 6 ( Mar severe charges face sentencing like March 1775 to people who police. Rely on seditious conspiracy crime, perhaps this is it.. Longer sentences for Jan. 6 attack s.... Able to keep my job potential sentence of up to 20 years federal... `` There 's been this theme ever since where the question is, were found guilty of seditious.! Ryan J. Reilly is a conspiracy to be validated to become an ad-free subscriber please select of... For the low-hanging fruit First and things are going to get your charges dropped reduced. 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Justice reporter for NBC News face a fine the election results but not unheard.... Defined in Ku Klux Klan hugged several defendants following the verdict and touted it as a victory for nationalism! This without a civil war, he told a crowd that he may go jail! Or insurrection seditious conspiracy is punishable by up to 20 years in prison if convicted charge not. A terrorist organization made-up crimes insurrection, he told a crowd that he never seditious conspiracy minimum sentence attacks... Have to have an agreement has been accepted by Esfandi Law group and an agreement has been.! Attack and is asking Congress for more resources for the low-hanging fruit First and things are to! Also can be applied in cases where suspects seize any government property and carries up to 20 years prison... Mary Law School a one-time or recurring donation, or threatened politicians ( N ) prosecutors to! 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