Stewart Rhodes trial – live: Oath Keepers leader’s case for seditious conspiracy on Jan 6 underway

The leader of a far-right anti-government militia and four other members of the group face charges of seditious conspiracy for their roles in the attack on the US Capitol on 6 January, 2021.

Federal prosecutors have alleged that Stewart Rhodes and other militia members spent weeks plotting an attempt to disrupt the joint session of Congress, including plans for a cache of weapons and supplies, to prevent Joe Biden’s presidency and keep Donald Trump in office, as a mob of the former president’s supporters stormed the halls of the Capitol.

Mr Rhodes has pleaded not guilty. His lawyers will attempt to argue the group acted on orders of Mr Trump himself.

The federal judge overseeing the case lambasted Mr Rhodes after his newly hired attorney sought to delay the trial in Washington DC and claimed that he lacked access to critical evidence against him.

Judge Amit Mehta said that arguments in his attempts to stall the case are “incorrect and frankly bewildering” during a 15-minute screed last month.

Key Points

• White House aid in contact with Oath Keepers before Jan 6

• Judge rejects attempts to delay trial

• What is seditious conspiracy?

• Who is Stewart Rhodes?

January 6 rioter who beat DC police officer sentenced to 86 months in prison

20:23 , Alex Woodward

Kyle Young, among four people accused of assaulting Metropolitian Police Officer Michael Fanone in the middle of the mob on 6 January, 2021, has been sentenced to seven years in prison.

He pleaded guilty earlier this year to restraining Michael Fanone while he was Tased and beaten.

The Justice Department reccomended a sentence of 86 months in prison.

US District Judge Amy Berman Jackson matched the government’s reccomendation.

“You were not prosecuted for being a Trump supporter,” he said. “You are not a political prisoner ... You were trying to stop the singular thing that makes America America, the peaceful transfer of power. That’s what ‘Stop the Steal’ meant.”

Jan 6 defendant calls officer a ‘piece of s***’ during sentencing hearing

20:08 , Alex Woodward

In a separate case not far from the Oath Keepers trial, former Metropolitan Police Department officer Michael Fanone, who was injured by rioters during the Capitol attack, told a courtroom that his injuries cost him his career.

Defendant Kyle Young is among four people accused of assaulting the officer in the middle of the mob on 6 January, 2021.

He allegedly restrained Mr Fanone while he was Tased and beaten. His 16-year-old son had joined him at the Capitol that day. He has pleaded guilty.

“This is not my first rodeo,” Mr Fanone said during a witness impact statement. “But this case is unique. The assault on me by Mr Young cost me my career, it cost me my faith in law enforcement and many of the institutions I dedicated two decades of my life to serving.”

Mr Young called him a “piece of s***”.

He also apologised to the officer and said he would “accept” his punishment.

The Justice Department is seeking a sentence of 86 months in prison.

ICYMI: Oath Keepers attorney arrested and charged with obstruction in connection with Capitol riot

19:36 , Alex Woodward

The Oath Keepers’ counsel Kellye SoRelle was arrested in Texas on 31 August and charged in four courts connected to the attack on the US Capitol.

A federal indictment charged her with obstruction of an official proceeding and obstruction of justice, as well as conspiracy to obstruct an official proceeding, and a misdemeanor count of entering and remaining in a restricted building or grounds.

Prosecutors allege Ms SoRelle “did corruptly persuade and attempt to corruptly persuade other persons with intent to cause and induce such persons” to “withhold records, documents and other objects” during a joint session of Congress to certify Joe Biden’s 2020 presidential election.

In a filing earlier this month, an attorney for Stewart Rhodes said her arrest “represents a monumental change in how Rhodes expected to defend himself at trial”.

Oath Keepers attorney arrested and charged in Capitol riot case

Ashli Babbitt’s mother enters courtroom for Rhodes jury trial

18:28 , Alex Woodward

The mother of Ashli Babbitt – who was fatally shot by Capitol police officer just outside the House chamber on January 6 – was in the courtroom on Tuesday,

From reporter Brandi Buchman, who is in the courtroom: “When a prospective Black juror told the judge that he questioned whether the same wouldve happened on Jan 6 if rioters were all Black, she left in a bit of a huff, saying under her mask ‘Oh, well!’”

A big week in DC

17:40 , Alex Woodward

While jury selection is underway in the Oath Keepers case, the federal courthouse in Washington also is holding other unrelated hearings related to January 6 defendants – one day before the House select committee investigating the Capitol attack holds a potentially final public hearing at the Capitol.

Here is what to expact during tomorrow’s hearing:

What to expect from the final 6 January hearing

Who else is on trial?

17:06 , Alex Woodward

Stewart Rhodes and four other defendants face seditious conspiracy charges tied to the January 6 attack.

The other alleged members of the Oath Keepers include Thomas Caldwell, a retired US Navy lieutenant commander.

Others include Kelly Meggs, who led the Oath Keepers chapter in Florida, and Florida member Kenneth Harrelson.

Jessica Watkins of Ohio also is included among defendants.

Rhodes asks court to avoid describing anti-government militia as anti-government militia

16:58 , Alex Woodward

As jury selection begins today in his seditious conspiracy trial, Oath Keepers leader Stewart Rhodes has filed a motion to prevent prosecutors and witnesses from describing him and the group as “anti-government,” a “militia,” an “organized militia,” “extremists,” “racist,” “white supremacist” or “white nationalist.”

A motion from his attorney argues that Mr Rhodes defines the group – which has advocated civil war against the US – as a “non-partisan association” or current and former military and police officers “who pledge to fulfill the oath all military and police take to defend the Constitution.”

Only 12 in jury pool have heard about defendants, judge says

16:51 , Alex Woodward

US District Judge Amit Mehta reports that 12 of the 150 potential jurors considered for the Oath Keepers trial underway have heard of the defendants.

Oath Keepers and the ‘plot’ for Jan 6

16:47 , Alex Woodward

Two days after the 2020 election, Stewart Rhodes allegedly sent a message to members of his group: “We aren’t getting through this without a civil war.”

Days later, he said the Oath Keepers should “march en-mass [sic] on the nation’s Capitol.”

Lawyers for the far-right militia have repeatedly claimed that the members wound up in Washington DC to provide security for pro-Trump figures at rallies.

But federal prosecutors argued they coordinated a breach of the halls of Congress, with a cache of supplies and militarised “stacks” to prowl the Capitol while another would serve as a “quick reaction force” based in Virginia.

Mr Rhodes himself did not go inside the building that day.

Prosecutors said he coordinate “next steps” with the group in the aftermath of the attack.

Rhodes appears in person as jury selection underway

16:08 , Alex Woodward

Jury selection began this morning in federal court in Washington DC, with Stewart Rhoes appearing in person.

US District Judge Amit Mehta is presiding. He anticipates the trial to last four to five weeks.

Following jury selection, attorneys will make opening arguments.

Judge Mehta has noted that it may be up to a week before any witnesses are called.

Hundreds of elected officials, military and law enforcement on leaked Oath Keepers list, report finds

16:03 , Alex Woodward

A leaked list of Oath Keepers membership includes the names of hundreds of law enforcement officials, members of the military and elected officials.

The list, reviewed by the Anti-Defamation League Center on Extremism, includes at least 81 people who are currently holding public office or are candidates in upcoming elections, from local leadership – including mayors and school board members – to state representatives and senators.

Membership also includes more than 370 people currently working in law enforcement agencies and more than 100 active military members, according to the report.

Elected officials, military and police on leaked Oath Keepers list, report finds

Oath Keepers lawyer had contact with Trump aide Andrew Giuliani ahead of Capitol riot, book claims

15:56 , Alex Woodward

A member of the Oath Keepers who served as the group’s lawyer had contact with two White House aides leading up to January 6, according to a new book from a former Republican congressman who is now staffed on the House select committee investigating the attack.

Attorney Kelly SoRelle reportedly exchanged text messages with Andrew Giuliani in the days between the November 2020 election and pro-Trump riot.

Ms SoRelle was also recently arrested and charged in connection with the attack.

Oath Keepers lawyer had contact with Trump White House aide Andrew Giuliani

A judge lambasted Rhodes for attempts to delay the trial earlier this month

15:54 , Alex Woodward

Earlier this month, US District Court Judge Amit Mehta rejected a motion from Stewart Rhodes to push back his trial on charges of seditious conspiracy for his role in the attack on the Capitol on 6 January.

Mr Rhodes argued that he lost contact with his attorneys and needed three months to gather more evidence, including testimony from people involved with the Oath Keepers to members of Congress.

“The very first allegation is that somehow Mr Rhodes is not receiving a fair trial, and that is unequivocally false,” Judge Mehta said on 7 September.

Judge lambasts Oath Keepers founder’s ‘bewildering’ attempt to delay Jan 6 trial

What is seditious conspiracy?

15:49 , Alex Woodward

Federal prosecutors have charged dozens of people in recent months for their alleged roles in the attack on the US Capitol.

But the indictment of Stewart Rhodes and his alleged co-conspirators charges them under a rarely used provision of law that can found in the chapter of the US criminal code titled “Treason, Sedition, and Subversive Activities”.

The provision details “Seditious Conspiracy” – committed when “two or more persons” conspire to “overthrow, put down, or to destroy by force the Government of the United States,” “prevent, hinder, or delay the execution of any law of the United States” by force, or “seize, take, or possess any property of the United States contrary to the authority thereof”.

What is seditious conspiracy and why is it a big deal?

Who is Stewart Rhodes?

15:47 , Alex Woodward

The Independent’s Richard Hall spoke with Stewart Rhodes in the aftermath of the 2020 presidential election.

Read his republished in-depth piece about the militia leader and insight from experts about the trajectory of far-right anti-government groups and threats posed by groups like the Oath Keepers.

How Oath Keepers leader Stewart Rhodes went from ballroom dancing to sedition charges

15:51 , Alex Woodward

Good morning.

Jury selection begins today in a seditious conspiracy trial involving members of the Oath Keepers – a far-right anti-government militia group with influence across the US – and their leader, Stewart Rhodes.

Stay tuned with The Independent.