One J. Sweeney commented this week on a Farcebook post regarding Pres. Tr$mp's recent high dudgeon over his call for punishment of certain congresspersons who have reminded military personnel of their obligation to follow both their oaths of service and the UCMJ under which they serve. Sweeney asserts that the penalty for "sedition" is—and apparently should be—death.

Actually, that's only true in theory and only for serving military personnel under very narrow criteria. No one has ever been executed for sedition alone in the history of the USA, thanks mainly to the First Amendment. A few persons have been imprisoned for "seditious conspiracy" in which calls for violence were a contributing offense.

Since Mr. Sweeney calls for "Facts," here are some that would appear to be relevant.

The typical criminal sanctions for sedition in the United States depend on whether the accused is a civilian or military personnel. For civilians, the closest federal offense is "seditious conspiracy" under 18 U.S. Code § 2384, which carries a maximum penalty of 20 years in prison, fines, or both[1][2][3][4][5][6]. For military personnel under the Uniform Code of Military Justice (UCMJ), mutiny or sedition can be punishable by death, although the death penalty is extremely rare and generally reserved for the most serious cases[7][8].

Civilian Sanctions Under Federal Law

- Maximum prison sentence: Up to 20 years for seditious conspiracy[1][2][3][5][6][4].
- Fines: Can be substantial, ranging from thousands to millions of dollars, depending on the case[5].
- The actual charge of "sedition" does not exist as a standalone crime in U.S. law; prosecutions are generally for "seditious conspiracy"[9][10].
- Examples: Recent convictions related to the January 6 Capitol attack involved seditious conspiracy charges with multi-year sentences, though these did not reach the maximum possible penalties[11].

Military Sanctions Under UCMJ

- Punishment for sedition or mutiny may include the death penalty or other penalties as determined by court-martial[7][8].
- Execution is extremely rare, requiring substantial bureaucratic and presidential approval; historically, prison sentences are more common for less severe cases[7].

Additional Consequences

- Convicted individuals face long-term civil disabilities, including loss of certain civil rights, employment difficulties, and reputational harm[5].
- Asset forfeiture may apply for related crimes, such as rebellion or insurrection[4].

Summary Table

| Offender Type | Possible Penalty | Citation |
|---------------------|----------------------------------------------|-------------------------------|
| Civilian | Up to 20 years' imprisonment, fines | [1][2][3][4][5][6][9] |
| Military (UCMJ) | Death penalty or court-martial directed | [7][8] |

In practice, maximum penalties are rarely imposed, and most sedition-related prosecutions result in substantial—but not maximal—prison terms[11][6].

Sources
[1] 'Punishable by death': Trump decries Dems as seditionists. What does he mean? https://www.usatoday.com/story/news/nation/2025/11/20/sedition-death-trump-democrats/87379339007/
[2] 18 U.S. Code § 2384 - Seditious conspiracy - Cornell Law School https://www.law.cornell.edu/uscode/text/18/2384
[3] 18 U.S. Code CHAPTER 115 - Office of the Law Revision Counsel https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title18%2Fpart1%2Fchapter115&edition=prelim
[4] Las Vegas Treason, Sedition, and Subversive Activities Defense ... https://www.legalmann.com/las-vegas-treason-sedition-and-subversive-activities-defense-lawyer/
[5] Sedition Charges? What You Need to Know for Defense https://www.mastersonhall.com/sedition-charges-what-you-need-to-know-for-defense/
[6] A Civilian's Guide to Insurrection Legalese | The Marshall Project https://www.themarshallproject.org/2021/01/08/a-civilian-s-guide-to-insurrection-legalese
[7] Uncommon Knowledge: Trump Shouts ‘Sedition,’ But Troops Don’t Agree https://www.newsweek.com/uncommon-knowledge-trump-sedition-death-troops-11085969
[8] Trump says 'seditious' Democrats urging US troops to refuse illegal orders should face death https://www.reuters.com/world/us/trump-says-democrats-who-told-us-military-refuse-illegal-orders-deserve-death-2025-11-20/
[9] No, Democratic Lawmakers Didn't Commit Sedition - The Free Press https://www.thefp.com/p/no-democratic-lawmakers-didnt-commit-sedition
[10] Trump calls for arrest of Democrats who told troops to refuse illegal orders https://www.the-independent.com/news/world/americas/us-politics/trump-arrest-democrats-troops-illegal-orders-b2869176.html
[11] Seditious Conspiracy: What to Make of the Latest Oath Keepers ... https://www.lawfaremedia.org/article/seditious-conspiracy-what-make-latest-oath-keepers-indictment
[12] What US Law Says About Sedition and Troops Defying Illegal Orders https://www.newsweek.com/what-us-law-says-sedition-troops-defying-illegal-orders-11084527
[13] Trump accuses Democrats of 'seditious behavior, punishable by death,' for urging military to ignore illegal orders https://www.nbcnews.com/politics/white-house/trump-democrats-death-penalty-sedition-military-orders-rcna245003
[14] Democrats file police complaints over Trump’s posts accusing them of sedition https://www.politico.com/live-updates/2025/11/21/congress/democrats-trump-sedition-police-complaint-00665862
[15] Trump: Telling troops to refuse illegal orders is 'seditious behavior' https://www.govexec.com/defense/2025/11/trump-accuses-lawmakers-seditious-behavior-encouraging-troops-refuse-illegal-orders/409710/
[16] Sedition - Wikipedia https://en.wikipedia.org/wiki/Sedition
[17] Trump says Democrats’ message to military is ‘seditious behavior’ punishable by death https://apnews.com/article/trump-military-traitors-sedition-illegal-orders-c5fc3c5bd2fbc6b1204550e4203c24b2
[18] ‘Punishable by DEATH’: Trump threatens Democrats with sedition charges https://www.aljazeera.com/news/2025/11/20/punishable-by-death-trump-threatens-democrats-with-sedition-charges
[19] Here's a brief look at what sedition is under U.S. law, the penalties ... https://www.facebook.com/KCRA3/posts/heres-a-brief-look-at-what-sedition-is-under-us-law-the-penalties-and-whether-th/1290437416456910/
[20] Federal Treason, Sedition, & Subversive Activities Criminal Charges https://www.lvcriminaldefense.com/usc/treason-sedition-and-subversive-activities/

No one has ever been executed in the United States purely for the crime of sedition. While sedition carries severe penalties under both civilian and military law—including the possibility of the death penalty in military cases—historically, individuals prosecuted for sedition or seditious conspiracy have received prison sentences or fines, not execution[9][3].

Several high-profile sedition and seditious conspiracy cases in U.S. history, such as those involving Sheikh Omar Abdel-Rahman in the 1990s, Puerto Rican nationalists in the 1950s, and even earlier prosecutions under the Alien and Sedition Acts, resulted in imprisonment, not capital punishment[9][4][3]. The last executions related to treason or similar crimes have typically involved espionage or treason, not sedition itself[3].

Sources
[1] 'Punishable by death': Trump decries Dems as seditionists. What does he mean? https://www.usatoday.com/story/news/nation/2025/11/20/sedition-death-trump-democrats/87379339007/
[2] What US Law Says About Sedition and Troops Defying Illegal Orders https://www.newsweek.com/what-us-law-says-sedition-troops-defying-illegal-orders-11084527
[3] A primer on treason, seditious conspiracy, and the Constitution https://constitutioncenter.org/blog/a-primer-on-treason-seditious-conspiracy-and-the-constitution
[4] Alien and Sedition Acts - Wikipedia https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts
[5] Alien and Sedition Acts (1798) | National Archives https://www.archives.gov/milestone-documents/alien-and-sedition-acts
[6] Notable treason and sedition cases in American history - WPMI https://mynbc15.com/news/nation-world/notable-treason-and-sedition-cases-in-american-history
[7] The Sedition Act, 1798 - Gilder Lehrman Institute of American History | https://www.gilderlehrman.org/history-resources/spotlight-primary-source/sedition-act-1798
[8] May 16, 1918: The Sedition Act of 1918 Enacted https://www.zinnedproject.org/news/tdih/sedition-act-1918/
[9] Notable sedition, treason cases in American history | AP News https://apnews.com/article/joe-biden-government-and-politics-capitol-siege-809273dd6e90d08a5109dd5a451a5c09