Oath Keepers founder Stewart Rhodes found guilty
of seditious conspiracy
Jury convicts leader of rightwing group which
supported Trump’s attempt to overturn 2020 election
Guardian
staff and agencies
Wed 30 Nov
2022 00.26 GMT
Stewart
Rhodes, the founder of the rightwing Oath Keepers militia, has been found
guilty of seditious conspiracy, a charge arising from the attack on the US
Capitol by supporters of Donald Trump.
Rhodes and
co-defendant Kelly Meggs are the first people in nearly three decades to be
found guilty of the rarely used civil war-era charge at trial. The trial was
the biggest test yet for the US justice department in its efforts to hold
accountable those responsible for the attack that shook the foundations of US
democracy.
On social
media, Harry Litman, a former US attorney turned legal analyst, said the guilty
verdicts represented “a huge huge victory for the US [justice department] in a
challenging and deeply important, even historic, case”.
Rhodes is a
Yale Law-educated former paratrooper and disbarred attorney. In an eight-week
trial, he and four associates were accused of fomenting a plot to use force to
stop Congress from certifying Joe Biden’s 2020 election victory.
It was the
most significant trial arising from the Capitol riot of 6 January 2021, which
has been linked to nine deaths including suicides among law enforcement
officers. A US district judge, Amit Mehta, presided. The 12-member jury
deliberated for three days.
Rhodes’
four co-defendants were Meggs, Kenneth Harrelson, Jessica Watkins and Thomas
Caldwell.
Meggs was
convicted of seditious conspiracy. Harrelson, Caldwell and Watkins were
acquitted.
During the
trial, Watkins admitted impeding police officers, and apologized. All five
defendants were convicted of obstruction of an official proceeding, with mixed
verdicts on a handful of other charges. Rhodes was acquitted of two other
conspiracy charges.
Rhodes
intends to appeal, defense attorney James Lee Bright told reporters. Another
Rhodes lawyer, Ed Tarpley, described the verdict as a “mixed bag”, adding,
“This is not a total victory for the government in any way, shape or form.”
“We feel
like we presented a case that showed through evidence and testimony that Mr
Rhodes did not commit the crime of seditious conspiracy,” Tarpley said.
Rhodes, who
wears an eye patch after accidentally shooting himself in the face, was one of
the most prominent defendants of around 900 charged so far in connection with
the Capitol attack.
He founded
the Oath Keepers, whose members include current and retired military personnel,
law enforcement officers and first responders, in 2009. Members have showed up,
often heavily armed, at protests and political events including demonstrations
following the May 2020 murder of George Floyd by a white police officer in
Minneapolis.
Prosecutors
said Rhodes and his co-defendants planned to use force to stop Congress from
certifying Biden’s win.
Rhodes did
not go inside the Capitol but was accused of leading the plot. Through
recordings and encrypted messages, jurors heard how he rallied followers to
fight to keep Trump in office, warned of a “bloody” civil war and expressed
regret that the Oath Keepers did not bring rifles on 6 January.
Meggs,
Watkins and Harrelson entered the Capitol wearing tactical gear. The defendants
were accused of creating a “quick reaction force” positioned at a Virginia
hotel and equipped with firearms that could be quickly transported to
Washington.
Fifty
witnesses testified. Rhodes and two others testified in their own defense. They
denied plotting an attack or seeking to stop Congress from certifying results.
Rhodes insisted that his followers who went inside went rogue.
Prosecutors
sought to paint Rhodes as a liar, showing him his own inflammatory text
messages, videos, photos and recordings. These included Rhodes saying he could
have hanged the House speaker, Nancy Pelosi, from a lamppost.
Watkins, a
transgender woman who fled the US army, and Caldwell, a disabled navy veteran,
were the others who chose to testify.
Watkins
admitted “criminal liability” for impeding officers inside the Capitol but
denied any plan to storm the building, instead describing being “swept up” in
the moment, just as enthusiastic shoppers behave when they rush into stores to
purchase discounted holiday gifts.
Caldwell,
who like Rhodes did not enter the Capitol, never formally joined the Oath
Keepers. He tried to downplay inflammatory texts he sent in connection with the
attack, saying some of the lines were adapted from or inspired by movies such
as The Princess Bride or cartoons such as Bugs Bunny.
Four other
Oath Keepers members charged with seditious conspiracy are due to go to trial
in December. Members of another rightwing group, the Proud Boys, including its
former chairman Enrique Tarrio, also are due for trial on seditious conspiracy
charges in December.
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