Oath Keepers founder and North Texas resident Stewart Rhodes has big decisions to make now that he’s been convicted of sedition and a potentially lengthy prison sentence could mean he dies in prison because of his age.
Rhodes, 57, of Granbury, faces up to 20 years in federal prison for leading a violent plot with members of his extremist militia to overturn Joe Biden’s presidential win over Donald Trump.
A Washington, D.C., jury convicted Rhodes and a top deputy on Tuesday of the rarely used Civil War-era charge of seditious conspiracy and other charges after a nearly two-month trial. The five-defendant trial, the biggest to date in the government’s massive investigation into the Jan. 6, 2021 insurrection, focused on the far-right extremist group’s efforts to keep Trump in the White House, even by using deadly force.
Rhodes testified in his own defense during the trial. If the judge decides Rhodes lied on the witness stand, he faces punishment enhancements that could add up to a long prison sentence, unless he’s willing to help prosecutors with other cases. His conviction also has important implications for some of his top associates, including two other North Texas residents awaiting trial on related charges in Washington, D.C.
“He can either be a hero in prison or he can try to get out to see some grandbabies,” said Aaron Wiley, a former federal prosecutor in Dallas. “This might mean the rest of his life” in prison.
Rhodes’ two Dallas defense attorneys could not be reached for comment. The judge hasn’t set a date for sentencing.
Those under Rhodes who face trials of their own are likely sweating it as they meet with their lawyers to discuss their next move, Wiley said.
They include Kellye SoRelle, who assumed leadership of the Oath Keepers after Rhodes was arrested. She faces charges related to obstructing an official proceeding and obstruction of justice by tampering with documents.
SoRelle, a 43-year-old family and immigration lawyer from Granbury, is closely linked to Rhodes. He told court officials he was in a relationship with her, though she denies it, and had lived with her in an apartment she leased.
Her indictment says that on the day after the insurrection, SoRelle persuaded others to “withhold records, documents and other objects” from the grand jury investigation into the Jan. 6 attack.
She also advised others to “alter, destroy, mutilate and conceal objects” for the purpose of interfering in the government’s investigation, according to the indictment. A trial date has not yet been set in her case but will likely be some time next year. Her attorney could not be reached.
Assistant U.S. Attorney Troy Edwards Jr. said in a recent court filing that SoRelle messaged co-conspirators during the Jan. 6 insurrection, saying “We are acting like the founding fathers—can’t stand down...Stewart and I concur.”
He said SoRelle also livestreamed herself on Facebook with Rhodes on the Capitol grounds as rioters breached the building, saying “This isn’t a bad thing, and you can’t be scared. This is what you do…They broke the barrier, they got up there; they may end up inside before it’s all said and done, and that’s okay, too. That’s how you take your government back. You literally take it back.”
Roberto Minuta, 37, is an Oath Keeper and tattoo shop owner from New Jersey who moved to Prosper. He is in the second group of defendants charged in Rhodes’ indictment. U.S. District Judge Amit Mehta recently ordered that trial to begin no later than Tuesday in Washington, D.C.
Minuta and three others scheduled to go before a jury in that trial are accused of participating in the plot to forcefully oppose and hinder the peaceful transfer of presidential power following the election. Prosecutors plan to introduce evidence at trial showing that Minuta was close to Rhodes.
Edwards, the prosecutor, said in court filings that Minuta’s early dealings with Rhodes are important for proving “the same intent and state of mind” he had when the two tried to oppose the U.S. government by force on Jan. 6.
Edwards’ filing says Rhodes said about Minuta in early 2020 on a podcast: “I’m going to designate him as a lifetime Oath Keeper…[H]e earned it. He’s earning it right now. We’re honored to have him as a member of Oath Keepers.”
Minuta also is charged with seditious conspiracy. His attorney could not be reached.
Wiley called Rhodes’ conviction a “real game changer” for the government.
“The government is in a very good position now,” he said. “Once people start being found guilty, that means the evidence is strong.”
But Rhodes still has an opportunity to limit his upcoming prison time, Wiley said, as long as he is willing to assist prosecutors with other defendants and cases.
A defendant who provides “substantial assistance” to federal authorities is eligible for a sizeable sentence reduction on a motion from the government at sentencing.
Rhodes could use that break.
Because he did not plead guilty, Rhodes is not eligible for a routine sentence reduction for accepting responsibility for his actions, Wiley said. And the sentencing judge could increase Rhodes’ punishment if he finds by a preponderance of the evidence (more likely than not) that Rhodes lied under oath when he testified in his own defense during his trial, Wiley said.
The big question for Rhodes is whether to cooperate or focus on his appeal, he said.
“Not a lot of appeals are successful,” Wiley said. “It’s not a path that’s likely to yield a better result for him.”
He said Rhodes, as the leader, is in an excellent position to help prosecutors win more cases. He could either provide new information, like the substance of private Oath Keepers meetings, or corroborate existing evidence by providing the context and meaning behind certain text messages, Wiley said.
That could help the government establish the other defendants’ intent — an often tricky and difficult state of mind to prove. Sometimes, the evidence is different against co-defendants who played lesser roles, Wiley said. It may not be as strong, which is why the prosecutors could use Rhodes’ help. All they have to prove is one overt act made toward the goal of the conspiracy, he added.
“Because he’s at the top, he [Rhodes] would know all of the people underneath him … and what their respective roles were in the conspiracy,” Wiley said.
Likewise, Rhodes’ co-defendants are likely having serious discussions with their defense teams — and possibly with prosecutors — this week about how to proceed, Wiley said.
“There’s a lot of negotiation going on between now and whenever that second trial is set to start,” he said.
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