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ABC News
ABC News
25 May 2023
ABC News


District Judge Amit Mehta said he finds a six-level terrorism enhancement appropriate for Oath Keepers leader Stewart Rhodes.

Judge Mehta said Rhodes and co-conspirators targeted a government institution during the transfer of power on Jan. 6, 2021.

Rhodes was convicted of seditious conspiracy against the United States last November. A jury found he and other members of the group played a principal role in disrupting the certification of Joe Biden's 2020 election victory.

The decision marked the first successful seditious conspiracy conviction by a jury since 1995.

PHOTO: Oath Keepers militia founder Stewart Rhodes poses during an interview session in Eureka, Montana, U.S. June 20, 2016. REUTERS/Jim Urquhart/File Photo
Oath Keepers militia founder Stewart Rhodes poses during an interview session in Eureka, Montana, U.S. June 20, 2016.
Jim Urquhart/Reuters

Justice Department prosecutors sought 25 years for Rhodes, their highest recommendation yet for a defendant charged in connection with Jan. 6.

In their sentencing recommendation to Judge Mehta, they argued repeatedly that harsh sentences for all the Oath Keepers charged in the conspiracy were necessary in order to deter future potential attacks against democracy.

Juries in two separate trials returned convictions against Rhodes and eight of his associates on a variety of serious felony charges, though three from the group were acquitted of the most serious charge of seditious conspiracy.

Relying on a trove of messages between the group's members discussing "civil war" in the event of Biden taking office, prosecutors argued that Rhodes and his co-conspirators were willing to take any action necessary, including using force, to stop the certification.

PHOTO: Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington, D.C., June 25, 2017.
Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington, D.C., June 25, 2017.
Susan Walsh/AP, FILE

Prosecutors also presented extensive evidence of the group's planning in advance of Jan. 6, showing how members stashed a massive cache of weapons at a hotel just outside city limits that the government argued would be transported into Washington in the event Trump invoked the Insurrection Act.

Stemming from unfounded claims of election fraud, the defendants railed against the government in private chats and social media posts.

Rhodes remained defiant in remarks before his sentence was ultimately handed down on Thursday.

PHOTO: This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes and four others charged with seditious conspiracy in the Jan. 6, 2021, Capitol attack, in Washington, D.C., Oct. 6, 2022.
This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes and four others charged with seditious conspiracy in the Jan. 6, 2021, Capitol attack, in Washington, D.C., Oct. 6, 2022. Shown above are, witness John Zimmerman, seated in the witness stand, defendant Thomas Caldwell, seated front row left, Oath Keepers leader Stewart Rhodes, seated second left with an eye patch, defendant Jessica Watkins, seated third from right, Kelly Meggs, seated second from right, and defendant Kenneth Harrelson, seated at right.
Dana Verkouteren via AP, FILE

On Wednesday, police officers who defended the Capitol and a Senate aide who carried the official 2020 election documents spoke in court to explain the continuing trauma they face more than two years after the riots.

"We were assaulted time and time again," D.C. police officer Christopher Owens told he court. He talked about the violent mob repeatedly grabbing at his police gear, even trying to take his weapon.

His voice heavy with emotion, Owens described coming home to his family and his wife sobbing after seeing his bruised and battered his body.

"We experienced physical trauma, emotional trauma and mental trauma," he said.

Judge Mehta thanked each of the witnesses for their remarks and government service.

This is a developing story. Please check back for updates.