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<ul class="summary-list"><li>A second Oath Keeper agreed to provide "substantial assistance" to the January 6 investigation.</li><li><keyword id="13756876" type="UNKNOWN" weightage="60" keywordseo="brian-ulrich" source="Orion">Brian Ulrich</keyword> was charged with seditious conspiracy in connection with his role in the Capitol siege.</li></ul>An alleged member of the far-right <keyword id="12254187" type="UNKNOWN" weightage="60" keywordseo="oath-keepers" source="Orion">Oath Keepers</keyword> armed group pleaded guilty Friday to a seditious conspiracy charge stemming from the <keyword id="11910059" type="UNKNOWN" weightage="60" keywordseo="capitol-attack" source="Orion">Capitol attack</keyword> and agreed to provide "substantial assistance" with the Justice Department's ongoing investigation into the January 6, 2021, insurrection.Brian Ulrich, 44, was indicted in January along with 10 others, including Oath Keepers leader <keyword id="12954543" type="UNKNOWN" weightage="60" keywordseo="elmer-stewart-rhodes" source="Orion">Elmer Stewart Rhodes</keyword>, on charges that they coordinated a wide-ranging plot to forcibly disrupt the certification of the 2020 presidential election results. In the <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.239218/gov.uscourts.dcd.239218.1.0.pdf">indictment</a>, federal prosecutors alleged that the plot included so-called "quick reaction forces" and a cache of weapons stored in a hotel room outside Washington, DC.The seditious conspiracy charge carries a maximum sentence of 20 years in prison. It is perhaps the most serious charge prosecutors have brought in the nearly 800 criminal prosecutions stemming from the January 6 attack on the Capitol.During a virtual hearing Friday, Ulrich appeared to grow emotional as Judge Amit Mehta informed him of the possible prison sentence and a maximum fine of $250,000. At one point in the virtual hearing, Mehta asked Ulrich if he needed a moment."It's not going to get any easier," Ulrich replied.Ulrich became the second accused Oath Keeper to plead guilty to seditious conspiracy. In early March, Joshua James pleaded guilty as part of a similar deal with the Justice Department requiring him to cooperate with the January 6 investigation.In court documents, prosecutors alleged that Oath Keepers communicated over Signal — an encrypted messaging app — as they arranged to travel to Washington, DC, with paramilitary gear and supplies including firearms, tactical vests with plates, helmets, and radio equipment. According to the indictment, Ulrich joined an invitation-only Signal group titled "DC OP: Jan 6 21" on New Year's Eve in 2020. "The more patriots the merrier 'gonna be wild," he wrote in one message, according to prosecutors."I will be the guy running around with the budget AR," he added, in an apparent reference to an AR-15-style semi-automatic rifle.On January 6, prosecutors said, Ulrich rode in a golf cart to the Capitol, sometimes swerving around law enforcement. Once at the Capitol, Ulrich stood by two other alleged Oath Keepers as they taunted police officers guarding the Capitol building.Ulrich later joined a military-style "stack" formation and entered the Capitol through the east side rotunda doors, prosecutors said.Rhodes, the Oath Keepers leader, has <a href="https://www.businessinsider.com/oath-keepers-leader-elmer-stewart-rhodes-capitol-attack-january-6-2022-2">remained</a> behind bars since his arrest earlier this year on charges linked to the January 6 attack. At a February hearing, Rhodes's defense lawyer noted that the Oath Keepers leader never gave the order to activate the "quick reaction force" that was on standby to bring weapons to Washington, DC.But Mehta found that Rhodes posed a "clear danger" and ruled there were no conditions for his release that would ensure the public's safety.Ulrich, for his part, has been free on his own recognizance as he's faced charges stemming from January 6. Mehta is set to hear arguments later Friday on whether to release another accused Oath Keeper, <keyword id="12999068" type="UNKNOWN" weightage="60" keywordseo="edward-vallejo" source="Orion">Edward Vallejo</keyword>, who was <a href="https://www.businessinsider.com/oath-keeper-seditious-conspiracy-charge-january-6-capitol-prison-jail-2022-1?amp">charged</a> with overseeing the "quick reaction force."In court <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.239218/gov.uscourts.dcd.239218.107.0.pdf">papers</a> arguing for his continued detention, prosecutors pointed to a recorded call from jail in which Vallejo appeared to instruct his wife to conceal possible evidence against him."In addition to being a danger to the community, Vallejo appears to be obstructing justice even while held and communicating on a recorded line," prosecutors said. "If released, there are certainly no conditions that can assure that he would not attempt further obstruction."

A second Oath Keeper has pleaded guilty to seditious conspiracy and agreed to cooperate with the January 6 investigation

<ul class="summary-list"><li>Oath Keepers member <keyword id="12999068" type="UNKNOWN" weightage="100" keywordseo="edward-vallejo" source="Orion">Edward Vallejo</keyword> was accused of overseeing a "quick reaction force" on <keyword id="11897870" type="UNKNOWN" weightage="60" keywordseo="january-6" source="Orion">January 6</keyword>.</li><li>He's among 11 militia members charged with <keyword id="12954544" type="UNKNOWN" weightage="60" keywordseo="seditious-conspiracy" source="Orion">seditious conspiracy</keyword> in connection with the <keyword id="11907536" type="UNKNOWN" weightage="60" keywordseo="capitol-riot" source="Orion">Capitol riot</keyword>.</li></ul>A member of the far-right Oath Keepers group will remain behind bars as he awaits trial on a seditious conspiracy charge and other allegations tied to what prosecutors have described as a wide-ranging plot to storm the Capitol and <a href="https://www.businessinsider.com/capitol-evacuated-trump-supporters-protesters-electoral-vote-count-pence-2021-1">forcibly disrupt</a> the handoff of presidential power from Donald Trump to Joe Biden.At a court hearing Thursday in Phoenix, Magistrate Judge John Boyle granted federal prosecutors' request for Edward Vallejo to remain in custody as he faces some of the most serious charges stemming from the <keyword id="11897354" type="UNKNOWN" weightage="60" keywordseo="justice-department" source="Orion">Justice Department</keyword>'s expansive investigation into the <a href="https://www.businessinsider.com/capitol-riot-experts-warn-extremism-could-be-on-the-rise-2022-1">January 6 attack</a>."Undoubtedly here, this indictment alleges a conspiracy to threaten the very fabric of democracy," Boyle said.Vallejo and Oath Keepers leader Elmer Steward Rhodes were <a href="https://www.businessinsider.com/oath-keepers-leader-arrested-in-january-6-capitol-riot-investigation-2022-1">arrested last week</a> and charged — along with nine previously arrested members of the militia group — with seditious conspiracy. Prosecutors on Thursday emphasized Vallejo's alleged role overseeing a stash of weapons the Oath Keepers kept in a hotel room outside Washington, DC. The weapons were allegedly available for a so-called "quick reaction force" that would be deployed at the direction of Rhodes.Boyle said that while Rhodes is not alleged to have given the order mobilizing the quick reaction force, "I'm convinced that had it been given, you believe so passionately in this cause that you would have responded on that day and followed out that order."Vallejo and Rhodes have both been in custody since their arrests last week in Arizona and Texas, respectively. Rhodes, a Yale-educated military veteran, is set to appear in federal court on Monday for a hearing on whether he will remain detained ahead of trial.The arrests marked a significant development in the Justice Department's sprawling investigation into the attack on the Capitol. Rhodes, Vallejo, and their 9 co-defendants are the first to face sedition charges among the more than 700 accused rioters charged so far with participating in the assault on the seat of American democracy."This is not an individual staying at home yelling at his television screen," one of the federal prosecutors told Boyle, asking the judge to "recognize the danger Mr. Vallejo presents to the United States."The prosecutor described the stash of weapons as an "arsenal" and said Vallejo "stood ready for deployment" during the deadly siege. Vallejo said he was prepared to engage in guerilla warfare and was "calling for bloody massive revolution," the prosecutor said.A public defender appointed to represent Vallejo, Debbie Jang, said Vallejo does not have a passport, has never left the country, and is "neither a flight risk nor a danger." Jang suggested that Vallejo was willing to accept an ankle monitor and restrictions on his possession of firearms, among other conditions for release. "There are 11 named defendants in this indictment listed in descending order of culpability," Jang said. "At the very bottom of that list is Mr. Edward Vallejo."Vallejo can appeal his pre-trial detention to Judge Amit Mehta in Washington, DC.<div type="image" title="Capitol attack" height="1334" width="2000" msid="89028385" hostid="261"></div>The prosecutor disputed Jang's claim about the order of defendants, calling Vallejo a "key member of this conspiracy."The seditious conspiracy charges came a week after Attorney General <keyword id="12110961" type="UNKNOWN" weightage="60" keywordseo="merrick-garland" source="Orion">Merrick Garland</keyword> <a href="https://www.businessinsider.com/merrick-garland-delivers-speech-solemn-capitol-riot-anniversary-2022-1" target="_blank" rel="noopener">delivered remarks</a> urging patience as the Justice Department conducts its Capitol riot inquiry, which Garland described as "one of the largest, most complex, and most resource-intensive investigations in our history."Those involved must be held accountable, and there is no higher priority for us at the Department of Justice," he said on the eve of the first anniversary of the deadly siege.Legal scholars pointed out that Thursday's indictment confirmed Garland's remarks."Those who say DOJ hasn't delivered on the most serious charges have to be quieted today," the former federal prosecutor Harry Litman <a href="https://twitter.com/harrylitman/status/1481699709680971777" target="_blank" rel="noopener">wrote</a> after the indictment was unsealed. "Seditious conspiracy is about as serious as it gets."If convicted, a seditious conspiracy charge carries a maximum sentence of 20 years in prison. The Justice Department last brought a sedition charge in 2010, when it accused members of a Michigan militia of plotting to provoke an armed conflict with the government. The militia members were acquitted, underscoring the <a href="https://www.businessinsider.com/doj-uphill-battle-prove-sedition-charges-capitol-riot-probe-2022-1">challenges of proving</a> such a case.In their 48-page <a href="https://storage.courtlistener.com/recap/gov.uscourts.azd.1285411/gov.uscourts.azd.1285411.1.0.pdf">indictment</a>, prosecutors detailed the Oath Keepers' activities in the immediate aftermath of Biden's victory, quoting from encrypted messaging apps the militia group used to communicate ahead of January 6."We aren't getting through this without a civil war," Rhodes wrote on the encrypted chat app Signal, according to the indictment. "Too late for that. Prepare your mind, body, spirit."Prosecutors alleged that, within days of the 2020 election, Rhodes presided over a plot "to oppose the lawful transfer of presidential power by force." On January 6, some Oath Keepers members stormed the Capitol in a military-style "stack" formation and went looking for the office of House Speaker Nancy Pelosi.The nine other Oath Keepers named in the indictment had previously been charged in connection with the January 6 attack. Prosecutors have described the Oath Keepers as a large but loosely organized group that focuses its recruitment on current and former military, law enforcement, and first-responder personnel.

An Oath Keeper charged with seditious conspiracy connected to January 6 will remain behind bars before trial

<ul class="summary-list"><li>The DOJ wants harsher sentences for eight Oath Keepers members convicted over the Capitol riot.</li><li>One department official told Insider the DOJ is "really sending a message" by appealing the 8 defendants' sentences.</li></ul>The Justice Department took the unusual step this week of appealing the sentences of eight convicted members of the Oath Keepers, including its founder, over the January 6, 2021, Capitol riot — a move one department official told Insider shows the DOJ is "really sending a message here.""It's very unusual for DOJ to appeal, but these are unusual cases and unusual times," said the Justice Department official, who requested anonymity to speak about the cases. "The key here is that the judge departed from DOJ's sentencing recommendations on [eight] defendants. There probably wouldn't be an appeal if it was just one."Andrew Weissmann, an ex-top prosecutor in special counsel Robert Mueller's Russia investigation, also told Insider that it's "very rare" for "the government to take any appeal, particularly in sentencing, because the district court has an enormous discretion."Weissmann said that the move shows that the DOJ believes the convicted Oath Keepers members committed an "incredibly serious offense" that warrants harsher sentences than the ones handed down by the judge overseeing their cases. Oath Keepers founder Elmer Stewart Rhodes and the other defendants were indicted on seditious conspiracy charges, among others, related to the deadly 2021 Capitol riot.US District Judge Amit Mehta sentenced Rhodes to 18 years behind bars for his role in the insurrection — the most severe sentence to date for any of the more than 1,000 people who have been charged with crimes connected to the attack on the Capitol.In Rhodes' case, prosecutors wanted a sentence of 25 years in prison.The other defendants were also given shorter prison sentences than what the DOJ had requested.In addition to Rhodes' sentence, the department also appealed the sentences of Kelly Meggs, who received 12 years behind bars; Kenneth Harrelson, who got four years; Jessica Watkins, who received 8.5 years; Roberto Minuta, who was sentenced to 4.5 years; Joseph Hackett, who got 3.5 years; Edward Vallejo, who received three years; and David Moerschel, who was also sentenced to three years. It's not yet clear what the feds' legal arguments will be. The DOJ appeal filing didn't include details laying out prosecutors' reasoning; the department official told Insider those details will be laid out in court later.The DOJ declined to officially comment on the matter. Meanwhile, an attorney for Moerschel called the Justice Department's appeal "ridiculous.""Typical DOJ, they got their pound of flesh and still want more," Moerschel's lawyer Scott Weinberg told Insider. "I wish they would channel their inner Elsa and just let it go," Weinberg said, referring to Disney's "Frozen" movie. Minuta's attorney, William Shipley, told Insider in a statement: "The Government is legally entitled to appeal what it believes were errors made by the District Court during the sentencing process. But to the extent the Government believes the sentences imposed were simply not long enough, the intention to appeal is abusive and appears to be for the purpose of continuing to advance its inaccurate narrative about the Organization and the individual defendants such as Mr. Minuta.""The Government sought sentences as if it had prevailed on every charge it brought, and that all its factual and legal claims had been vindicated by the trials," he said. "That is simply false."Meggs' attorney declined to comment, and lawyers for Rhodes, Harrelson, Watkins, Hackett, and Vallejo did not immediately respond to Insider's requests for comment.

Prosecutors are 'sending a message' by asking for harsher sentences for Oath Keepers defendants: DOJ official

<ul class="summary-list"><li>A lawyer for a convicted Oath Keeper slammed the DOJ for appealing his client's sentence.</li><li>Prosecutors requested a 10-year sentence for David Moerschel; he was ultimately sentenced to three.</li></ul>An attorney for a convicted Oath Keeper for his role in the failed January 6, 2021, insurrection snapped at the Justice Department for <a href="https://www.businessinsider.com/doj-appeal-oath-keeper-sentences-sending-a-message-2023-7">appealing for a harsher sentence</a>, saying prosecutors should take a page out of Elsa's playbook from the movie "Frozen" and "let it go.""Typical DOJ, they got their pound of flesh and still want more," Scott Weinberg, who represents David Moerschel, told Insider. "I wish they would channel their inner Elsa and just let it go."The department took the unusual step Wednesday of appealing the sentences of eight Oath Keepers convicted on multiple counts — including seditious conspiracy for some — in connection to the deadly mob at the US Capitol seeking to install Donald Trump as president.Moerschel was among nine people who were indicted on <a href="https://www.businessinsider.com/what-is-prison-sentence-penalty-if-convicted-of-seditious-conspiracy-2022-6">seditious conspiracy</a> and other charges, and he was <a href="https://abc7ny.com/oath-keepers-sentenced-seditious-conspiracy-attack-on-the-capitol/13334808/" target="_blank" rel="noopener">sentenced in June</a>.Prosecutors asked him to get 10 years in prison, but the judge ultimately handed down a three-year sentence.The defendants whose sentences the DOJ appealed are Moerschel, Oath Keepers founder Elmer Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Joseph Hackett, and Edward Vallejo.US District Judge Amit Mehta sentenced Rhodes, 57, to 18 years in prison for his role in the riot, the harshest sentence handed down to any of the hundreds of people indicted related to the failed insurrection. But that number fell short of the 25 years the DOJ had requested.One department official <a href="https://www.businessinsider.com/doj-appeal-oath-keeper-sentences-sending-a-message-2023-7" target="_blank" rel="noopener">Insider spoke to Thursday</a> said the DOJ's decision to appeal the eight defendants' sentences showed that it was "really sending a message." And a former federal prosecutor who worked with ex-special counsel Robert Mueller said the move indicates that the feds see the offenses as "incredibly serious."

Convicted Oath Keeper's attorney says it's 'ridiculous' prosecutors appealed for a harsher sentence and that the feds should 'channel their inner Elsa and just let it go'

<ul class="summary-list"><li>US prosecutors allege members of the <keyword id="12254187" type="UNKNOWN" weightage="60" keywordseo="oath-keepers" source="Orion">Oath Keepers</keyword> returned to the Capitol on January 7, 2022.</li><li>A recent court filing from a US attorney alleges Edward Vallejo and others went to "probe their defense line."</li></ul>In a recent <a href="https://storage.courtlistener.com/recap/gov.uscourts.azd.1285411/gov.uscourts.azd.1285411.7.0.pdf">federal court filing</a>, prosecutors allege members of the Oath Keepers patrolled the Capitol grounds on January 7, 2021, the morning after the violent riots.In a memorandum from the government in support of detaining Edward Vallejo, 63, US Attorney Matthew M. Graves said Vallejo coordinated his movements at the Capitol with other members of an armed "quick reaction force" connected with the Oath Keepers. The government alleges Vallejo wrote to a group chat of fellow conspirators the evening of January 6 that "We'll be back to 6am to do it again. We got food for 30 days."Prosecutors allege Vallejo and others followed through with the reconnaissance plan, messaging the morning of January 7, 2022, that he and others were were "Departing for Recon now" and said they were "going to probe their defense line right now 6 am they should let us in."Vallejo also appeared on a podcast the day after the riots where he further explained that he and others "got up before dawn, and we went to the Capitol... we did what we needed to do, did our check in, and then we got back here to take care of business." Vallejo currently faces charges of seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and aiding and abetting, and conspiracy to prevent an officer from discharging any duties.It's been just over one year since the <keyword id="10554785" type="UNKNOWN" weightage="60" keywordseo="capitol-siege" source="Orion">Capitol siege</keyword>, and police have arrested <a href="https://www.insider.com/all-the-us-capitol-pro-trump-riot-arrests-charges-names-2021-1">over 750 people</a> in connection to the riots. At least <a href="https://www.insider.com/capitol-rioters-who-pleaded-guilty-updated-list-2021-5">175 Capitol rioters</a> have also pleaded guilty for their time at the Capitol on January 6, mostly for misdemeanors.

Prosecutors allege members of the Oath Keepers returned to the Capitol on January 7 to 'probe their defense line'

<ul class="summary-list"><li><keyword id="12254187" type="UNKNOWN" weightage="60" keywordseo="oath-keepers" source="Orion">Oath Keepers</keyword> leader <keyword id="12954543" type="UNKNOWN" weightage="60" keywordseo="elmer-stewart-rhodes" source="Orion">Elmer Stewart Rhodes</keyword> pleaded not guilty to seditious conspiracy on Tuesday.</li><li>He's among 11 defendants who were charged with the crime in connection to the <keyword id="11907536" type="UNKNOWN" weightage="60" keywordseo="capitol-riot" source="Orion">Capitol riot</keyword>.</li></ul>The leader of the far-right Oath Keepers group pleaded not guilty on Tuesday to seditious conspiracy connected to the January 6, 2021 Capitol riot.Elmer Stewart Rhodes is one of 11 defendants who were charged with seditious conspiracy earlier this month for their roles in the failed insurrection. Most of the defendants entered not-guilty pleas, with the exception of Edward Vallejo, who was not present, and James Beeks, whose lawyer declined to enter a plea and said that "we will stand silent."But assistant US attorney Kathryn Rakoczy <a href="https://twitter.com/ZoeTillman/status/1486022360381722626" target="_blank" rel="noopener">said</a> prosecutors are engaged in discussions with some defense lawyers about if any of the defendants want to enter guilty pleas, adding that the seditious conspiracy indictment might prompt some of them to have a change of "perspective."Tuesday's status conference related to three separate cases involving the Oath Keepers: an original indictment which charged nine defendants — but was later slimmed down to seven defendants — with conspiracy to interfere with Congress' activities; the seditious conspiracy indictment against 11 defendants including Rhodes; and a separate indictment against Oath Keepers member Jonathan Walden, who was charged with obstructing Congress and illegally being at the Capitol.US District Judge Amit Mehta set an April 19 trial date for six of the seven defendants charged in the original indictment. He set a tentative July 11 trial date for the 11 defendants charged with seditious conspiracy but noted that the schedule may change depending on if any defendants decide to change their pleas.A trial date hasn't yet been set for Walden since his lawyer said they haven't yet had a chance to speak with government lawyers about his case.The 48-page seditious conspiracy indictment alleges that the defendants planned the <keyword id="10554785" type="UNKNOWN" weightage="60" keywordseo="capitol-siege" source="Orion">Capitol siege</keyword> in advance and accuses them of attempting to use force to disrupt the peaceful transfer of power. In bringing seditious conspiracy charges, <a href="https://www.businessinsider.com/doj-uphill-battle-prove-sedition-charges-capitol-riot-probe-2022-1" target="_blank" rel="noopener">experts said</a>, the Justice Department confirmed that it sees at least some elements of the Capitol riot as a coup attempt.The sweeping indictment alleged that Rhodes and other co-defendants conspired to "oppose by force the lawful transfer of presidential power."It went on to say that core members of the Oath Keepers not only forced their way into the Capitol but also extensively planned for the siege beforehand, communicating on encrypted messaging apps from December 2020 onward, keeping a "quick reaction force" on standby at a Virginia hotel, and in some cases bringing weapons to Washington, DC, on January 6.Vallejo, an Oath Keepers member accused of coordinating that quick reaction force, was arrested the same day as Rhodes and charged with seditious conspiracy. A federal magistrate judge in Phoenix, Arizona ordered last week that Vallejo <a href="https://www.businessinsider.com/oath-keeper-seditious-conspiracy-charge-january-6-capitol-prison-jail-2022-1">remain behind bars</a> as he awaits trial.Rhodes, for his part, repeatedly said during interviews with the right-wing conspiracy theorist Alex Jones that he and others were prepared to take extraordinary measures to keep then-President Donald Trump in power.Shortly after the November 2020 election, for instance, he <a href="https://www.mediamatters.org/infowars/militia-leader-stewart-rhodes-says-he-has-men-stationed-outside-dc-ready-engage-violence" target="_blank" rel="noopener">said on Jones' Infowars show</a> that he had armed men stationed outside Washington, DC, who were "prepared to go in if the president calls us up."And on January 20, 2021, two weeks after the failed insurrection and on the day Joe Biden was sworn into office, Rhodes again <a href="https://www.mediamatters.org/oath-keepers/oath-keepers-leader-stewart-rhodes-calls-militia-members-prepare-violence-against" target="_blank" rel="noopener">appeared on Jones' show</a> and urged "local militias" to "get together" and fight the "illegitimate" Biden administration.The seditious conspiracy charges came a week after Attorney General Merrick Garland <a href="https://www.businessinsider.com/merrick-garland-delivers-speech-solemn-capitol-riot-anniversary-2022-1" target="_blank" rel="noopener">delivered remarks</a> urging patience as the Justice Department conducts its Capitol riot inquiry, which Garland described as "one of the largest, most complex, and most resource-intensive investigations in our history."Those involved must be held accountable, and there is no higher priority for us at the <keyword id="11957149" type="UNKNOWN" weightage="60" keywordseo="department-of-justice" source="Orion">Department of Justice</keyword>," he said on the eve of the first anniversary of the deadly siege.

Oath Keepers leader Elmer Stewart Rhodes pleads not guilty to seditious conspiracy in Capitol riot investigation

<ul class="summary-list"><li>A federal prosecutor argued <keyword id="12254187" type="UNKNOWN" weightage="60" keywordseo="oath-keepers" source="Orion">Oath Keepers</keyword> leader Elmer <keyword id="13098193" type="UNKNOWN" weightage="60" keywordseo="stewart-rhodes" source="Orion">Stewart Rhodes</keyword> poses a "grave" threat.</li><li>Rhodes wants to be released from jail as he awaits trial on charges linked to the Capitol attack.</li></ul>When the FBI arrested Stewart Rhodes last month on charges tied to the Capitol attack, federal prosecutors alleged that the founder and leader of the far-right Oath Keepers militia presided over a plot for <keyword id="11897870" type="UNKNOWN" weightage="60" keywordseo="january-6" source="Orion">January 6</keyword>, 2021, that involved "quick reaction forces" and cache of weapons in a hotel room outside Washington, DC.But the <keyword id="11897354" type="UNKNOWN" weightage="60" keywordseo="justice-department" source="Orion">Justice Department</keyword> did not accuse the Oath Keepers founder with sending that quick reaction force into action on January 6. On Wednesday, a federal prosecutor gave the Justice Department's theory as to why: There was no need given the sheer size of the pro-Trump mob and the violence that was already unfolding that day."With respect to that day, it wasn't necessary," said federal prosecutor Kathryn Rakoczy.Rakoczy's remark came during a court hearing Wednesday in which a federal judge appeared reluctant to release Rhodes as he awaits trial on seditious conspiracy charges stemming from the January 6 insurrection. A magistrate judge ordered Rhodes to remain behind bars following his arrest in Texas last month, but the Oath Keeper leader appealed the ruling to <keyword id="13190552" type="UNKNOWN" weightage="60" keywordseo="judge-amit-mehta" source="Orion">Judge Amit Mehta</keyword> in Washington, DC.Mehta said he expected to rule by Friday on whether to keep Rhodes detained or allow his release under stringent conditions.During the nearly 2-hour hearing, Rakoczy underscored that the alleged conspiracy involved firearms and a readiness to use them. Calling Rhodes a "grave" threat, she also argued that the Oath Keepers' plot went beyond the attack on the Capitol."This was one battle in a larger war," Rakoczy said.In a group chat with his alleged co-conspirators, she said, Rhodes asserted that January 6 "could be the final nail in the coffin of this republic." In another message, Rhodes said former President Donald Trump "must know that if he fails to act, we will. He has to understand that we have no choice."Rhodes also told his alleged co-conspirators to be "prepared for a major letdown" on January 6 and to "get ready to do it ourselves."A Yale-educated military veteran, Rhodes was among the first January 6 defendants to be charged with seditious conspiracy, which carries a maximum sentence of 20 years in prison. His indictment marked a significant development in the ongoing inquiry into the January 6 attack, an investigation that has given rise to more than 700 criminal prosecutions.Among the 10 others charged was Edward Vallejo, who was arrested the same day as Rhodes and accused of overseeing a stash of weapons the Oath Keepers kept in a Comfort Inn in Arlington, Virginia, for a so-called "quick reaction force."A federal judge previously<a href="https://www.businessinsider.com/oath-keeper-seditious-conspiracy-charge-january-6-capitol-prison-jail-2022-1"> ordered</a> Vallejo to remain behind bars as he awaits trial. The nine others charged with seditious conspiracy were already facing other allegations connected to the January 6 insurrection.Rhodes' lawyer James Bright conceded Wednesday that there was "bombastic language" in messages leading up to January 6 but argued, "There was no conspiracy to overthrow the government." Asked why there was a need for quick reactions forces to begin with, Bright said Rhodes and the others believed they would be able to use the firearms if Trump invoked the Insurrection Act to respond to groups such as Antifa or Black Lives Matter.Mehta questioned whether the "self-designated" authority would have that authority."This is not an area I'm an expert on, your honor," Bright said.In court papers ahead of the hearing, Rhodes' lawyers argued that he does not pose a flight risk and that there "is a severe lack of compelling evidence of Rhodes' leadership of any alleged conspiracy." His lawyers noted that for more than a year after the January 6 attack on the Capitol, "the government knew of Rhodes' location at his residence in North Texas and yet failed to detain him at any time.""If he was the danger or threat that the Government is falsely attempting to cast him as, he would have been charged and taken into custody within the days and weeks after the events of January 6, 2021, as many others were," the lawyers <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.239208/gov.uscourts.dcd.239208.46.0_1.pdf">wrote</a>.Rakoczy dismissed the claim that the year-long gap between January 2021 and Rhodes' arrests suggests he does not pose an ongoing threat. She suggested that Rhodes has laid low in the months since the Capitol attack and pointed to messages from late January 2021 — shortly after the arrests of his alleged co-conspirators — showing that he was aware Signal messages could be used against them.According to court <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.239208/gov.uscourts.dcd.239208.40.0_4.pdf">papers</a>, Rhodes wrote to Vallejo on January 24, 2021, with a caution: "Ed, keep in mind that is NOT a secure chat. Contains at least one turn-coat snitch. Keep that in mind. Please confirm you got this."

For the far-right Oath Keepers, the January 6 Capitol attack was 'one battle in a larger war,' prosecutor says

<ul class="summary-list"><li>The Oath Keepers' first sedition trial began this week. The max punishment is 20 years in jail.</li><li>There will be a second one, and a sedition trial for several Proud Boys members, later this year.</li></ul>The seditious conspiracy case against members of the far-right Oath Keepers militia group began this week in a federal court in Washington, DC. It is one of the most significant cases to come from the January 6 attack on the Capitol, and the first trial stemming from the riot to include the rare and serious charge of seditious conspiracy. Elmer Stewart Rhodes, the 56-year-old leader of the Oath Keepers, is facing trial along with four fellow members. If convicted, they could face up to 20 years in prison. It's one of two cases against Oath Keepers set for trial this year. Rhodes founded the Oath Keepers in 2009 and over the past decade courted former military and law enforcement members into its ranks, growing the group into one of the most prominent militia movements in the country. Along with the Proud Boys and other far-right organizations, its members are accused of stoking violence at the Capitol insurrection and working to block the government's certification of President Joe Biden's election victory.The historic trial is set to take place over several weeks, here's what to know:<h2>What are the charges?</h2>The central charge brought against Rhodes and the other accused Oath Keepers is <a href="https://www.law.cornell.edu/uscode/text/18/2384">seditious conspiracy</a>, a crime that involves purposefully conspiring to overthrow the US government or hinder any US law from taking effect. The Oath Keepers members are accused of several other crimes as well, including obstruction of an official proceeding and tampering of documents.Prosecutors have already <a href="https://www.businessinsider.com/oath-keepers-seditious-conspiracy-trial-planning-capitol-attack-january-6-2022-9">detailed the Oath Keepers' alleged plans</a> to disrupt the certification of the electoral votes, including by gathering weapons, forming "Quick Reaction Force" squads, and deploying military strategies on the day of the riot.During the opening statements of the trial on Monday, federal prosecutor Jeffrey Nestler argued Rhodes and the Oath Keepers "concocted a plan for armed rebellion" and said their objective was to "stop by whatever means necessary the lawful transfer of presidential power, including by taking up arms against the United States government," as <a href="https://www.businessinsider.com/oath-keepers-founder-stewart-rhodes-testify-january-6-trial-2022-10">Insider reported</a>.Multiple Oath Keepers members have already been arrested and pled guilty to the seditious conspiracy charge, including a member of the group's Georgia chapter and the former leader of a North Carolina county subgroup. The latter, William Todd Wilson, brought multiple guns to a hotel near the Capitol and allegedly tossed his only phone into the Atlantic Ocean to block authorities from gleaning information about his role in the Oath Keepers' Capitol Riot effort, <a href="https://www.justice.gov/usao-dc/pr/member-georgia-chapter-oath-keepers-pleads-guilty-seditious-conspiracy-and-obstruction">a Department of Justice release says</a>.<h2>Who are the key figures?</h2>The main figure in the Oath Keepers first trial is Stewart Rhodes, the organization's founder. Rhodes is a graduate of Yale Law School and once had a job working for the Libertarian politician Ron Paul. He has a distinctive eye patch that he has worn since accidentally shooting himself in the eye in the 1990s. Prosecutors accuse him of helping spearhead the Oath Keepers' effort to block the transfer of power from Trump to Joe Biden. Before the Capitol Riot, <a href="https://www.nbcnews.com/politics/politics-news/founder-far-right-militia-once-warned-federal-tyranny-then-came-n1256546">Rhodes urged Trump</a> to use the Insurrection Act to seize control and speculated about potentially having to fight a violent civil war.<div type="image" title="Elmer Stewart Rhodes" height="4480" width="5973" msid="94652030" hostid="261" sizebytes="566710"></div>Kelly Meggs, 53, and Kenneth Harrelson, 41, the leader and a member of the group's Florida chapter, respectively, also face trial this week, along with Jessica Watkins and Thomas Caldwell.The second batch of Oath Keepers facing seditious conspiracy and other charges, who will face trial in November, include Joseph Hackett, whom prosecutors allege led a group of Florida Oath Keepers into the Capitol during the insurrection on January 6, according to <a href="https://www.washingtonpost.com/dc-md-va/2022/10/03/oath-keepers-trial-defendants-seditious-conspiracy/">The Washington Post</a>. The others in the second trial are Roberto Minuta, David Moerschel, and Edward Vallejo.<h2>Will the trial be televised?</h2>The trial, which is taking place at the Washington DC federal courthouse, will not be televised. Multiple news outlets, <a href="https://www.businessinsider.com/oath-keepers-founder-stewart-rhodes-testify-january-6-trial-2022-10?r=US&amp;IR=T">including Insider</a>, have reporters inside the courthouse covering the proceedings.<h2>Is this different from the Proud Boys' trial?</h2>The Oath Keepers trials are separate but run parallel to the Proud Boys' trial. Members of the Proud Boys, a far-right group founded by Vice co-founder Gavin McInnes in 2016 that was involved in the deadly assault on the Capitol in January 2021, have also been arrested and face trial later this year for seditious conspiracy among other charges.The group's ex-leader Enrique Tarrio is one of the members, along with Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola. The <a href="https://www.insider.com/proud-boys-oath-keepers-extremist-groups-january-6-riot-2022-7">trial was first set to occur</a> in August, before the Oath Keepers' trial, but the group managed to get the judge to delay it until December, citing the January 6 committee hearings as something that could potentially unjustly sway the jury against them.<h2>How long is the Oath Keepers trial supposed to last?</h2>Jury selection for the Oath Keepers' first trial began last Tuesday, and opening statements began on Monday morning in DC. The trial is set to last for five weeks. The second Oath Keepers trial is scheduled to begin November.

What to know as the Oath Keepers' Capitol Riot sedition trial gets underway

<ul class="summary-list"><li>The conspiracy theorist <keyword id="11934418" type="UNKNOWN" weightage="60" keywordseo="alex-jones" source="Orion">Alex Jones</keyword> testified before the <keyword id="11931775" type="UNKNOWN" weightage="60" keywordseo="january-6-committee" source="Orion">January 6 committee</keyword> on Monday.</li><li>Jones said he invoked his 5th Amendment right against self-incrimination almost 100 times.</li></ul>Alex Jones, a far-right conspiracy theorist and the host of Infowars, invoked his <keyword id="13032174" type="UNKNOWN" weightage="60" keywordseo="fifth-amendment" source="Orion">Fifth Amendment</keyword> right against self-incrimination almost 100 times while testifying Monday before the House select committee investigating the <keyword id="11897870" type="UNKNOWN" weightage="60" keywordseo="january-6" source="Orion">January 6</keyword> <keyword id="11907536" type="UNKNOWN" weightage="60" keywordseo="capitol-riot" source="Orion">Capitol riot</keyword>.Jones made the revelation during his broadcast that evening, and his remarks were <a href="https://www.politico.com/minutes/congress/01-25-2022/jones/" target="_blank" rel="noopener">first reported on by Politico</a>.Jones <a href="https://www.pbs.org/wgbh/frontline/article/what-conspiracy-theorist-alex-jones-said-in-the-lead-up-to-the-capitol-riot/" target="_blank" rel="noopener">spoke</a> at a "Stop the Steal" rally headlined by then President Donald Trump on January 6 that preceded the deadly Capitol attack. CNN <a href="https://www.cnn.com/2021/01/31/politics/alex-jones-rally-organization-efforts/index.html">reported</a> that Jones was also intricately involved in planning the event, and the Wall Street Journal <a href="https://www.businessinsider.com/reviews/out?u=https%3A%2F%2Fwww.wsj.com%2Farticles%2Fjan-6-rally-funded-by-top-trump-donor-helped-by-alex-jones-organizers-say-11612012063%3Fmod%3DdjemalertNEWS%26AID%3D11557093%26PID%3D6415797%26SID%3Dundefined%257C1643131706672l4dwe270%26subid%3DBusiness%2BInsider%26cjevent%3D34b3a4da7e0411ec82ac15330a82b839%26tier_1%3Daffiliate%26tier_2%3Dmoa%26tier_3%3DBusiness%2BInsider%26tier_4%3D3861930%26tier_5%3Dhttps%253A%252F%252Fwww.wsj.com%252Farticles%252Fjan-6-rally-funded-by-top-trump-donor-helped-by-alex-jones-organizers-say-11612012063%253Fmod%253DdjemalertNEWS">reported</a> that Jones helped secure a $300,000 donation for the rally's costs and offered more than $50,000 of his own money to choose his speaking slot.In one video posted to Jones' website on January 5, he was seen telling a crowd in Washington, DC, "We have only begun to resist the globalists. We have only begun our fight against tyranny. They have tried to steal this election in front of everyone.""I don't know how this is all going to end, but if they want to fight, they better believe they've got one," he said that night.On January 6, Jones told the crowd gathered at Trump's rally that "we need to understand we're under attack, and we need to understand this is 21st century warfare," adding that they needed to "get on a war footing.""We're here to take our rightful country back peacefully, because we're not globalist, antifa criminals," Jones <a href="https://www.pbs.org/wgbh/frontline/article/what-conspiracy-theorist-alex-jones-said-in-the-lead-up-to-the-capitol-riot/" target="_blank" rel="noopener">told the frenzied crowd</a> before they marched to the Capitol. "So let's start marching, and I salute you all."The select committee subpoenaed Jones in November and pointed to media reports and Jones' own statements indicating that he worked with rally organizers Caroline Wren and Cindy Chafian to facilitate "a donor, now known to be Julie Fancelli, to provide what [he] characterized as 'eighty percent' of the funding" for the rally.Jones on Monday told lawmakers that Wren, a Republican fundraiser, was his primary point of contact on January 5 and 6 and described her as a "White House contact."Jones also told House investigators that he started having second thoughts about leading the march to the Capitol when he saw the size of the raucous crowd that gathered for Trump's rally. "You know, maybe we just won't do this," Jones claimed he thought at the time.The conspiracy theorist also mentioned the Justice Department's recent indictment charging Oath Keepers leader Elmer Stewart Rhodes and ten other defendants with seditious conspiracy connected to the Capitol riot."I saw it all as LARPing," Jones said of their actions, meaning live-action role-playing. "I saw a lot of it as playing soldier in the backyard."Rhodes and the other ten defendants were arraigned on Tuesday morning. Most of the defendants entered not-guilty pleas, with the exception of Edward Vallejo, who was not present, and James Beeks, whose lawyer declined to enter a plea and said that "we will stand silent."

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A second Oath Keeper has pleaded guilty to seditious conspiracy and agreed to cooperate with the January 6 investigation

C. Ryan Barber

An Oath Keeper charged with seditious conspiracy connected to January 6 will remain behind bars before trial

C. Ryan Barber,Sonam Sheth

Prosecutors are 'sending a message' by asking for harsher sentences for Oath Keepers defendants: DOJ official

Natalie Musumeci,Sonam Sheth

Convicted Oath Keeper's attorney says it's 'ridiculous' prosecutors appealed for a harsher sentence and that the feds should 'channel their inner Elsa and just let it go'

Sonam Sheth,Natalie Musumeci

Prosecutors allege members of the Oath Keepers returned to the Capitol on January 7 to 'probe their defense line'

Madison Hall

Oath Keepers leader Elmer Stewart Rhodes pleads not guilty to seditious conspiracy in Capitol riot investigation

Sonam Sheth

For the far-right Oath Keepers, the January 6 Capitol attack was 'one battle in a larger war,' prosecutor says

C. Ryan Barber

What to know as the Oath Keepers' Capitol Riot sedition trial gets underway

Kieran Press-Reynolds

Far-right conspiracy theorist Alex Jones pleaded the 5th Amendment almost 100 times before the January 6 committee

Sonam Sheth

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