Federal investigators are weighing whether to charge people who joined the January 6 insurrection at the U.S. Capitol with seditious conspiracy — the crime of seeking to overthrow the government. The Justice Department hasn’t successfully prosecuted a sedition case in over two decades. This comes as prosecutors are preparing to discuss plea deals with some 300 suspects charged over the January 6 assault, which left five people dead.

Over the weekend, Wisconsin Republican Senator Ron Johnson made headlines when he falsely claimed the January 6 rioters were not violent.

Sen. Ron Johnson: “One of the reasons I’m being attacked is because I very honestly said I didn’t feel threatened on January 6th. I didn’t. There was much more violence on the House side. There was no violence on the Senate side.”