But far-right and far-left groups, as well as looters and rioters, have seized on the protests to commit acts of violence, including deadly shootings — serious crimes that some federal prosecutors said could not be dismissed out of hand as anomalous, particularly as the threat from extremist groups grows.
Mr. Barr told federal prosecutors on the call that they needed to crack down on rioting, looting, assaults on law enforcement officers and other violence committed during the protests that have continued throughout the country since George Floyd, a Black man in Minneapolis, was killed in May by the police.
The attorney general mentioned sedition as part of a list of possible federal statutes that prosecutors could use to bring charges, including assaulting a federal officer, rioting, use of explosives and racketeering, according to the people familiar with the call. Justice Department officials included sedition on a list of such charges in a follow-up email.
After Mr. Barr spoke, Richard P. Donoghue, a top aide to the deputy attorney general, interjected to note that some of the U.S. attorneys on the call worked in districts where violence during protests was less common, and that the federal prosecutors may not need to use tools as aggressive as sedition charges.
Mentioning that he had visited Portland, Ore., Mr. Donoghue also assured the prosecutors that the Justice Department would support all efforts to crack down on violence.
The wording of the federal sedition statute is broader than actual revolutions. It says the crime can also occur anytime two or more people have conspired to use force to oppose federal authority, hinder the government’s ability to enforce any federal law or unlawfully seize any federal property — elements that might conceivably fit a plot to, say, break into and set fire to a federal courthouse.
Congress has treated seditious conspiracy as an unusually serious crime: While ordinary federal offenses carry a maximum sentence of five years, a conviction on a charge of seditious conspiracy can carry up to 20 years in prison.
Charlie Savage contributed reporting.