...But others caution that sedition is hard to prove and, moreover, could ricochet and be used to stifle legitimate dissent.
The statute has been used a handful of times in modern America, with very mixed success. It worked against Islamist terrorists, including the blind sheikh Omar Abdel-Rahman, who masterminded the 1993 World Trade Center bombing.
Its most recent use, in 2010 against the far-right Hutaree militia in Michigan, did not go well.
Members of this self-described Christian militia were accused of plotting to kill a police officer and then bomb his funeral in hopes of sparking an anti-government uprising.
A judge dismissed the sedition charges, ruling the government had only circumstantial evidence and had failed to prove that the group had planned to carry out specific attacks. Three members were convicted of lesser weapons charges and sentenced to time served.
"It's hard to prove," says Andy Arena, who led the Hutaree investigation when he was special agent in charge of the FBI's Detroit Division. Today some Capitol rioters, Arena says, may well meet the terms of the sedition statute. But he cautions that it's a high bar....