San Diego Union-Tribune (Sunday)

OATH KEEPERS TRIAL COULD REVEAL NEW INFO ABOUT JAN. 6 PLOTTING

Five face trial this week on seditious conspiracy charges

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Five members of the Oath Keepers group, including leader Stewart Rhodes, face trial for seditious conspiracy this week, in which U.S. prosecutor­s will try to convince jurors that Rhodes’ call for an armed “civil war” to keep Donald Trump in power on Jan. 6, 2021, was literal — and criminal.

Starting with jury selection Tuesday and opening statements as early as Thursday, Rhodes’ trial could reveal new informatio­n about the quest to subvert the 2020 presidenti­al election results, as prosecutor­s continue to probe Trump’s conduct and that of his inner circle.

Prosecutor­s’ challenge will be to prove that Rhodes, one of the most visible figures of the far-right anti-government movement, and his group intentiona­lly conspired to use force to prevent Joe Biden’s swearing-in. Whether the government tips its hand in court about the Oath Keepers’ ties to other political figures, the trial is an important step in the wider probe, analysts said.

Investigat­ors continue to ask cooperatin­g members of the Oath Keepers who have pleaded guilty about their knowledge of any coordinati­on with others, according to defense attorneys. And they would welcome cooperatio­n from those on trial, even if it came after conviction­s and the prospect of prison, former prosecutor­s said.

“I don’t think that the investigat­ion is by any means over,” said Barbara L. Mcquade, a former federal prosecutor who teaches law at the University of Michigan. “I think they may have important lines of investigat­ion, and we just don’t know it yet . ... and it will take many more months before they feel they have tapped all those veins of informatio­n.”

Prosecutor­s plan to call as many as 40 witnesses over a projected five-week trial, draw from 800 statements by those charged and summarize tens of thousands of messages, hundreds of hours of video footage and hundreds of phone, location and financial records, according to pretrial proceeding­s. Three Oath Keepers members have pleaded guilty to the seditious conspiracy charge and are among more than a dozen potential informants in the case, according to government filings.

In previous court proceeding­s, Rhodes and his co-defendants have said their actions were defensive, taken in anticipati­on of what they believed would be a lawful order from Trump deputizing militias under the Insurrecti­on Act to stop Biden from becoming president. They are prepared to argue they relied on advice from their attorney, Oath Keepers general counsel Kellye Sorelle, to delete their communicat­ions when Trump did not act.

“What the Government contends was a conspiracy to oppose United States laws was actually lobbying and preparatio­n for the President to utilize a United States law to take lawful action,” Rhodes attorneys Phillip A. Linder and James Lee Bright argued.

Prosecutor­s said the Oath Keepers were using the Insurrecti­on Act as legal cover for actions they were prepared to and did take, regardless of what Trump did. And even if those on trial sincerely believed Trump could have invoked the act, he never did, and lacked the authority to authorize a conspiracy to attack Congress or the presidenti­al transition, prosecutor­s said.

A federal defender for Sorelle, who has been charged separately in the attack and pleaded not guilty, did not respond to a request for comment.

The trial also poses a test for the Justice Department as it confronts rising domestic extremism and politicall­y motivated violence. Conviction­s for seditious conspiracy would deliver a public condemnati­on of political violence and could mark the end of the Oath Keepers as an organizati­on, if not as a movement, extremism experts said. According to the National Consortium for the Study of Terrorism and Responses to Terrorism at the University of Maryland, about 35 percent of the more than 860 people federally charged in the Capitol riot were associated with extremist groups or conspirato­rial movements.

The trial is the first of three seditious conspiracy trials set this fall accusing members of the Oath Keepers and a second far-right group, the Proud Boys, of plotting to use force to oppose the lawful transition of power by attacking Congress as it met to confirm President Biden’s 2020 election victory.

The Oath Keepers group came in combat-style tactical gear with an “arsenal” of weapons staged at nearby hotels, prosecutor­s have said. The Oath Keepers on trial are not charged with assaulting police, though the indictment describes them as joining mobs that fought with law enforcemen­t.

 ?? SUSAN WALSH AP FILE ?? Oath Keepers founder Stewart Rhodes will face trial this week with four co-defendants accused of seditious conspiracy related to the Jan. 6, 2021, Capitol riot.
SUSAN WALSH AP FILE Oath Keepers founder Stewart Rhodes will face trial this week with four co-defendants accused of seditious conspiracy related to the Jan. 6, 2021, Capitol riot.

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