A little used Civil War-era statute that outlaws waging war against the United States is getting a fresh look after the attacks on the Capitol in Washington. Experts told The Associated Press that an action that would try and stop the confirmation of the vote for Joe Biden as president is "the very type of thing that this seditious conspiracy law was designed for." The last successful prosecution for seditious conspiracy in the U.S. came in 1995.
LINCOLN — Law enforcement agencies are telling state lawmakers that they see a “minimal” threat to security due to expected protests at the State Capitol in the days leading up to the inauguration of President-elect Joe Biden.
In an email to senators on Friday, Speaker of the Legislature Mike Hilgers of Lincoln said that he, Omaha Sen. Tony Vargas and Venango Sen. Dan Hughes have been talking with the Nebraska State Patrol, Lincoln and Omaha Police Departments and the Federal Bureau of Investigation. Demonstrations have been threatened at all state capitols, as well as in Washington, D.C., on Sunday, continuing through Wednesday, Inauguration Day.
Based on monitoring by those agencies, Hilgers said “the current assessment for Lincoln is that there is a minimal credible threat.”
Because of that, he said, the State Capitol will remain open and operate as usual, including Sunday, which has been specifically identified as a day to protest.
The “minimal threat” assessment, according to Hilgers, is much different than this summer, when people were instructed to stay away from the State Capitol amid protests following the police custody death of George Floyd in Minneapolis.
Earlier this week, there was an increased law enforcement presence in the State Capitol, where the Nebraska Legislature is meeting, the State Supreme Court is located, and the governor and other elected officials have offices. Hilgers said that increased security presence will continue through the inaugural.
“Safety is a top concern of ours,” he said, and if circumstances change, adjustments will be made.
Hilgers took the unusual step of adjourning the Legislature’s Friday meeting “subject to the call of the Speaker.” Such a motion would give him more flexibility in calling off the next session of the Legislature, which is Tuesday, if the situation warranted it.
Photos: The Nebraska State Capitol through the years
The Sower ascends to top of Nebraska State Capitol in April 1930.
THE WORLD-HERALD
APRIL 1930: Workers prepare "The Sower" for installation atop the Capitol dome. A 19½-foot figure on a 12½-foot pedestal of bundles of wheat and corn was an integral part of the State Capitol’s architecture.
NEBRASKA STATE HISTORICAL SOCIETY
Terry Lane, dressed as Buffalo Bill Cody, gives a speech to celebrate Nebraska's 150th anniversary of statehood at the State Capitol Rotunda on March 1, 2017, in Lincoln.
CHRIS MACHIAN/THE WORLD-HERALD
A detail carved in stone around the doorway in the Nebraska Supreme Court is seen on Nov. 17, 2009, in Lincoln. The same corn detail is used throughout the Capitol building.
KENT SIEVERS/THE WORLD-HERALD
Dressed in old west lawman attire, Frank Murcek looks at the busts on display at the State Capitol in Lincoln on March 1, 2017. Murcek was there to help celebrate Nebraska's 150th anniversary of statehood.
CHRIS MACHIAN/THE WORLD-HERALD
People gather and take their seats before Gov. Pete Ricketts delivers his State of the State address on Jan. 12, 2017, at the State Capitol.
RYAN SODERLIN/THE WORLD-HERALD
Over the bench of the Nebraska Supreme Court is a proposed state seal that was never adopted, done in polychrome on stone.
KENT SIEVERS/THE WORLD-HERALD
Larry Bare, the longest serving chief of state (to the governor) in the state's history, in his office at the State Capitol in Lincoln on Nov. 20, 2014.
KENT SIEVERS/THE WORLD-HERALD
A buffalo medalion in the bronze door grills on the north side of the Capitol is seen on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Signs of the zodiac set in a chandelier hanging over the Rotunda, seen on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
People tour the north side of the Nebraska State Capitol in Lincoln on May 18, 2017.
BRENDAN SULLIVAN/THE WORLD-HERALD
The Betsy Riot group protests the lack of funding for Planned Parenthood prior to the start of the final day of the Nebraska Legislative session at the Nebraska State Capitol in Lincoln on April 18, 2018.
BRENDAN SULLIVAN/THE WORLD-HERALD
For 10 days, the Nebraska state flag, which is hoisted over the State Capitol's west side when lawmakers are in session, flew upside down. On Feb. 1, 2017, it was back to flying right-side up on the west side of the Nebraska State Capitol in Lincoln.
BRENDAN SULLIVAN/THE WORLD-HERALD
Gail Brolliar of Lincoln walks past the fountain at Centennial Mall North in Lincoln on July 13, 2016.
BRENDAN SULLIVAN/THE WORLD-HERALD
Power and Mercy from the north side of the Capitol is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Looking down one of the halls of fame at the State Capitol in 2016.
KENT SIEVERS/THE WORLD-HERALD
In the Capitol's Great Hall, part of the "Four Ages of Man" "Childhood," is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Chairs in the governor's hearing room are seen here on Thursday, Aug. 28, 2014, at the State Capitol in Lincoln, Nebraska. The keeper of the State Capitol is defending the $1,900 per chair cost of renovating historic chairs in the governor's hearing room as cost-effective in the long run. Bob Ripley compared it to the $1,400 cost of chairs for legislative hearing rooms -- chairs that have now lasted 24 years without replacement.
RYAN SODERLIN/THE WORLD-HERALD
An aerial view of the Nebraska State Capitol in Lincoln, on Sept. 26, 2009.
CHRIS MACHIAN/THE WORLD-HERALD
The State Capitol can be seen from the club level of East Memorial Stadium on Aug. 22, 2013.
RYAN SODERLIN/THE WORLD-HERALD
From the Capitol's Great Hall, "Youth" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Nebraska Chief Justice Mike Heavican speaks at the State Capitol on Jan. 18, 2018, in Lincoln. Chief Justice Mike Heavican gave his 11th annual State of the Judiciary address to the Legislature.
RYAN SODERLIN/THE WORLD-HERALD
1965: The Abraham Lincoln statue at the west entrance of the State Capitol building.
THE WORLD-HERALD
From the Capitol's Great Hall, "Maturity" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Tony Ripa sketches in a hallway of the Nebraska Capitol for a University of Nebraska architecture class on March 1, 2017, in Lincoln.
CHRIS MACHIAN/THE WORLD-HERALD
Justinian Caesar peeks out from work on the south side of the Capitol is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
Senators look on during the Unicameral Legislature at the Nebraska State Capitol in Lincoln, Nebraska, on Thursday, May 18, 2017.
BRENDAN SULLIVAN/THE WORLD-HERALD
Dan Snarr of Stansbury Park, Utah, with Atlas Bronze Casting, and Craig Anderson with Kingery Construction Co., are among the crew members installing a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska, Friday, March 17, 2017.
BRENDAN SULLIVAN/THE WORLD-HERALD
Matt Hansen, left, a preservation architect and project manager with the Office of the Capitol Commission, Dan Snarr, second from left, of Stansbury Park, Utah, with Atlas Bronze Casting, Nebraska Capitol Administrator Robert C. Ripley, second from right, of the Office of the Capitol Commission and Craig Anderson with Kingery Construction Co., look on during the installation of a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska, Friday, March 17, 2017.
BRENDAN SULLIVAN/THE WORLD-HERALD
The north side of the Capitol with the "Pioneer Panel" above the door with a bronze screen is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
The vote tally board with the names of the freshmen senators added. Capitol staffers prepare for the start of the 2017 legislative session at the Nebraska State Capitol in Lincoln on Jan. 3, 2017.
KENT SIEVERS/THE WORLD-HERALD
From the Capitol's Great Hall, "Old Age" from the "Four Stages of Man" is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
A detail of a wolf carved into the fireplace in the old senate lounge is seen here on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
At left, the gold leaf design inlaid on walnut planking shines in contrast to the right side yet to be cleaned during restoration of the Legislative Chamber of the State Capitol involving the removal of 80 years worth of water damage and dirt from the ceiling and walls on Wednesday, July 9, 2008, in Lincoln, Nebraska.
REBECCA S. GRATZ/THE WORLD-HERALD
A western meadowlark carved in white onyx on the rotunda balcony glows as a beam of sunlight illuminates it from behind on Nov. 17, 2009, in Lincoln.
KENT SIEVERS/THE WORLD-HERALD
State Sen. John Nelson of District 06 talks in a booth just off the floor of the legislature before the start of the Thursday, April 10, 2014, session at the Nebraska State Capitol building in Lincoln, Nebraska.
RYAN SODERLIN/THE WORLD-HERALD
Seated beneath a recently-cleaned portion of shining gold leaf designs, Chris Shelton of the Boston-based restoration company Robert Mussey Associates prepares the walnut beams on the ceiling of the Legislative Chamber of the State Capitol for resurfacing on Wednesday, July 9, 2008, in Lincoln, Nebraska. A restoration project to clean 80 years of water damage and dirt from the walls and ceiling of the chamber is currently under way and aims to be finished before the legislative session begins in January.
REBECCA S. GRATZ/THE WORLD-HERALD
2000: Exterior of the scaffolding-clad Nebraska State Capitol. The Capitol was surrounded by scaffolding, for the first time in its history, as part of an eight-year, $21 million renovation project to the landmark.
JEFFREY Z. CARNEY, THE WORLD-HERALD
Matt Hansen, left, a preservation architect and project manager with the Office of the Capitol Commission, and Craig Anderson and Scott Morrow with Kingery Construction Co., look on during the installation of a giant bronze bowl part of a fountain in the south west courtyard of the Nebraska State Capitol in Lincoln, Nebraska.
BRENDAN SULLIVAN/THE WORLD-HERALD
People gather in the Nebraska State Capitol's northeast courtyard for the dedication of the Capitol fountains in 2017.
ADAM WARNER/THE WORLD-HERALD
Onlookers watch one of the Capitol Fountains turn on the first time during their dedication at the Capitol Building in Lincoln, Nebraska, on Sept. 22, 2017.
ADAM WARNER/THE WORLD-HERALD
Sydney Carl sketches in the Warner Legislative Chamber for an architecture class at UNL on Wednesday, March 1, 2017, in Lincoln, Nebraska. The chamber, which normally isn't open, was overlow for the celebration of Nebraska's 150th anniversary of statehood at the State Capitol.
CHRIS MACHIAN/THE WORLD-HERALD
The Nebraska State Capitol building's Sower statue is framed by fall leaves on Nov. 6, 2014, in Lincoln.
RYAN SODERLIN/THE WORLD-HERALD
Scaffolding in the Legislative Chamber of the State Capitol spans every area of the walls and ceiling with decking at seven foot intervals during restoration involving the removal of 80 years worth of water damage and dirt from the ceiling and walls on Wednesday, July 9, 2008, in Lincoln, Nebraska. The chandeliers were lowered, desks boarded up and gallery seats covered for protection during the project.
REBECCA S. GRATZ/THE WORLD-HERALD
Attendees of the Nebraska State Christmas Tree Lighting and Carol Sing fill the lower and upper levels of the Rotunda of the Nebraska State Capitol as the North Star Choreographed Choir performs. The 65th Annual Nebraska State Christmas Tree Lighting and Carol Sing took place in the Rotunda of the Nebraska State Capitol in Lincoln, Nebraska, on Dec. 9, 2012.
ANDREW DICKINSON/THE WORLD-HERALD
Busts lining the capitol's hall of fame appear to be watching a group of visitors to the capitol.
KENT SIEVERS/THE WORLD-HERALD
Chairs in the governor's hearing room are seen here on Thursday, Aug. 28, 2014, at the State Capitol in Lincoln, Nebraska. The keeper of the State Capitol is defending the $1,900 per chair cost of renovating historic chairs in the governor's hearing room as cost-effective in the long run. Bob Ripley compared it to the $1,400 cost of chairs for legislative hearing rooms -- chairs that have now lasted 24 years without replacement.
RYAN SODERLIN/THE WORLD-HERALD
Earlier viewers take their a bird's eye view of the George W. Norris Legislative Chamber on Wednesday, Jan. 7, 2009, before the start of the first legislative session of the year, at the Nebraska State Capitol in Lincoln, Nebraska.
ALYSSA SCHUKAR/THE WORLD-HERALD
The sun shines on the Nebraska State Capitol the day before the legislative session begins in Lincoln, Nebraska, Tuesday, Jan. 2, 2018.
REBECCA S. GRATZ/THE WORLD-HERALD
Eric Bright, of Lincoln, enters the Nebraska State Capitol in Lincoln, Nebraska, on Thursday, May 18, 2017.
BRENDAN SULLIVAN/THE WORLD-HERALD
Nebraska Hall of Fame author and historian Mari Sandoz's bust in a hallway in the State Capitol in Lincoln, Nebraska. The bust is seen here on April 8, 1998.
KENT SIEVERS/THE WORLD-HERALD
Jacob Mason talks about LB 300 during the Unicameral Youth Legislature in the Warner Legislative Chamber in the Nebraska State Capitol on Tuesday, June 13, 2017, Lincoln, Nebraska.
CHRIS MACHIAN/THE WORLD-HERALD
2016: Raised to the top of the Capitol dome on April 24, 1930, "The Sower" features a barefoot man with his shirtsleeves and pants rolled up and wearing a sun hood. The 3/8-inch-thick bronze sculpture is reinforced by an interior steel framework and weighs nearly 9½ tons.
MEGAN FARMER, THE WORLD-HERALD
Index Clerk Carol Koranda prepares the Unicameral chambers for Wednesday, when the new legislative session starts, at the Nebraska State Capitol in Lincoln, Nebraska, on Monday, Jan. 7, 2013.
ALYSSA SCHUKAR/THE WORLD-HERALD
2018: A $106 million renovation project included replacing windows at the State Capitol Building.
MATT DIXON,THE WORLD-HERALD
Tatiana Luepnitz, 11, of Lincoln cools off while playing in the Capitol Fountain at Centennial Mall north of the Nebraska State Capitol in Lincoln, Nebraska, Wednesday, July 13, 2016.
BRENDAN SULLIVAN/THE WORLD-HERALD
2018: A $106 million HVAC renovation project spanning eight years is underway at the Nebraska State Capitol.
MATT DIXON, THE WORLD-HERALD
Nebraska lawmakers return to the State Capitol in Lincoln, Nebraska, for the opening of the 2012 legislative session on Wednesday Jan. 4, 2012.
KENT SIEVERS/THE WORLD-HERALD
People walk the halls on Feb. 17, 2015 at the Nebraska State Capitol in Lincoln, Nebraska.
SARAH HOFFMAN/THE WORLD-HERALD
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