DOJ Expands Use Of Civil War-Era Conspiracy Statute In Protest Cases
The Justice Department has sharply expanded use of a Civil War-era conspiracy statute, charging more than three dozen people since President Trump took office in 2025 in cases tied to protests against federal immigration enforcement.[1]
NPR's review covered five years of federal court records and identified the shift from Capitol-related cases to protest cases tied to immigration enforcement.[1] The Civil War-era statute targets conspiracies to impede or injure federal officers.[1]
Before 2025, most cases brought under the law were linked to the Jan. 6, 2021, attack on the Capitol.[1] Since President Trump took office in 2025, the Department of Justice has charged more than three dozen people under the statute in connection with protests against federal immigration enforcement.[1]
The shift broadens the kinds of protests and defendants to which prosecutors have applied the 19th-century law.[1]
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📌 Key Facts
- NPR reviewed five years of court records involving a Civil War-era statute targeting conspiracies to impede or injure federal officers.
- Since President Trump took office in 2025, DOJ has charged more than three dozen people under that law, all in connection with protests against federal immigration enforcement.
- Before 2025, most cases using the statute were tied to the Jan. 6, 2021 Capitol attack, indicating a marked change in how it is being applied.
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