capitol riot
Capitol insurrection: Jan. 6 panel urges criminal charges against Donald Trump
The House Jan. 6 committee urged the Justice Department on Monday to bring criminal charges against Donald Trump for the violent 2021 Capitol insurrection, calling for accountability for the former president and “a time of reflection and reckoning.”
After one of the most exhaustive and aggressive congressional probes in memory, the panel’s seven Democrats and two Republicans are recommending criminal charges against Trump and associates who helped him launch a wide-ranging pressure campaign to try to overturn his 2020 election loss. The panel also released a lengthy summary of its final report, with findings that Trump engaged in a “multi-part conspiracy” to thwart the will of voters.
At a final meeting Monday, the committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department. Among the charges they recommend for prosecution is aiding an insurrection — an effort to hold him directly accountable for his supporters who stormed the Capitol that day.
The committee also voted to refer conservative lawyer John Eastman, who devised dubious legal maneuvers aimed at keeping Trump in power, for prosecution on two of the same statutes as Trump: conspiracy to defraud the United States and obstructing an official proceeding.
While a criminal referral is mostly symbolic, with the Justice Department ultimately deciding whether to prosecute Trump or others, it is a decisive end to a probe that had an almost singular focus from the start.
Chairman Bennie Thompson, D-Miss., said Trump “broke the faith” that people have when they cast ballots in a democracy and that the criminal referrals could provide a “roadmap to justice" by using the committee's work.
“I believe nearly two years later, this is still a time of reflection and reckoning,” Thompson said. “If we are to survive as a nation of laws and democracy, this can never happen again.”
Wyoming Rep. Liz Cheney, the panel’s Republican vice chairwoman, said in her opening remarks that every president in American history has defended the orderly transfer of power, “except one.”
The committee also voted 9-0 to approve its final report, which will include findings, interview transcripts and legislative recommendations. The full report is expected to be released on Wednesday.
Read more: Some Capitol rioters try to profit from their Jan. 6 crimes
The report’s 154-page summary, made public as the hearing ended, found that Trump engaged in a “multi-part conspiracy” to overturn the election. While the majority of the report’s main findings are not new, it altogether represents one of the most damning portraits of an American president in recent history, laying out in great detail Trump’s broad effort to overturn his own defeat and what the lawmakers say is his direct responsibility for the insurrection of his supporters.
The panel, which will dissolve on Jan. 3 with the new Republican-led House, has conducted more than 1,000 interviews, held 10 well-watched public hearings and collected more than a million documents since it launched in July 2021. As it has gathered the massive trove of evidence, the members have become emboldened in declaring that Trump, a Republican, is to blame for the violent attack on the Capitol by his supporters almost two years ago.
After beating their way past police, injuring many of them, the Jan. 6 rioters stormed the Capitol and interrupted the certification of Biden’s presidential election win, echoing Trump's lies about widespread election fraud and sending lawmakers and others running for their lives.
The attack came after weeks of Trump’s efforts to overturn his defeat — a campaign that was extensively detailed by the committee in its multiple public hearings, and laid out again by lawmakers on the panel at Monday's meeting. Many of Trump’s former aides testified about his unprecedented pressure on states, on federal officials and Pence to object to Biden's win. The committee has also described in great detail how Trump riled up the crowd at a rally that morning and then did little to stop his supporters for several hours as he watched the violence unfold on television.
The panel aired some new evidence at the meeting, including a recent interview with longtime Trump aide Hope Hicks. Describing a conversation she had with Trump around that time, she said he told her that no one would care about his legacy if he lost the election.
Hicks told the committee that Trump told her, “The only thing that matters is winning."
Read more: Capitol riot panel blames Trump for 1/6 'attempted coup'
Trump’s campaign did not immediately respond to a request for comment, but the former president slammed members of the committee Sunday as “thugs and scoundrels” as he has continued to falsely dispute his 2020 loss.
While a so-called criminal referral has no real legal standing, it is a forceful statement by the committee and adds to political pressure already on Attorney General Merrick Garland and special counsel Jack Smith, who is conducting an investigation into Jan. 6 and Trump’s actions.
On the recommendation to charge Trump on aiding an insurrection, the committee said in the report's summary that the former president “was directly responsible for summoning what became a violent mob” and refused repeated entreaties from his aides to condemn the rioters or to encourage them to leave.
For obstructing an official proceeding, the committee cites Trump’s relentless badgering of Vice President Mike Pence and others to prevent the certification of the election results on Jan. 6. And his repeated lies about the election and efforts to undo the results open him up to a charge of conspiracy to defraud the United States, the panel said.
The final charge recommended by the panel is conspiracy to make a false statement, citing the scheme by Trump and his allies to put forward slates of fake electors in battleground states won by President Joe Biden.
Among the other charges contemplated, but not approved, by the committee was seditious conspiracy, the same allegation Justice Department prosecutors have used to target a subset of rioters belonging to far-right groups like the Oath Keepers and Proud Boys.
Thompson said after the hearing that the seditious conspiracy charge is “something that the committee didn’t come to agreement on.”
The panel was formed in the summer of 2021 after Senate Republicans blocked the formation of what would have been a bipartisan, independent commission to investigate the insurrection. When that effort failed, the Democratic-controlled House formed an investigative committee of its own.
House Republican leader Kevin McCarthy of California, a Trump ally, decided not to participate after House Speaker Nancy Pelosi rejected some of his appointments. That left an opening for two anti-Trump Republicans in the House — Reps. Liz Cheney of Wyoming and Adam Kinzinger of Illinois — to join seven Democrats, launching an unusually unified panel in the divided Congress.
McCarthy was one of four House Republicans who ignored congressional subpoenas from the panel and were referred to the House Ethics Committee on Monday for their non-compliance.
The Republican leader, who is hoping to become speaker of the House when his party takes the majority in January, has acknowledged he spoke with Trump on Jan. 6. The committee also referred Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania and Andy Biggs of Arizona, all of whom were in touch with Trump or the White House in the weeks leading up to the attack.
While the committee’s mission was to take a comprehensive accounting of the insurrection and educate the public about what happened, they've also aimed their work at an audience of one: the attorney general. Lawmakers on the panel have openly pressured Garland to investigate Trump’s actions, and last month he appointed a special counsel, Smith, to oversee two probes related to Trump, including those related to the insurrection and the presence of classified documents at Trump's Florida estate.
The committee members said that full accountability can only be found in the criminal justice system.
“No one should get a pass,” said Rep. Adam Schiff, D-Calif.
2 years ago
Some Capitol rioters try to profit from their Jan. 6 crimes
Facing prison time and dire personal consequences for storming the U.S. Capitol, some Jan. 6 defendants are trying to profit from their participation in the deadly riot, using it as a platform to drum up cash, promote business endeavors and boost social media profiles.
A Nevada man jailed on riot charges asked his mother to contact publishers for a book he was writing about “the Capitol incident.” A rioter from Washington state helped his father hawk clothes and other merchandise bearing slogans such as “Our House” and images of the Capitol building. A Virginia man released a rap album with riot-themed songs and a cover photograph of him sitting on a police vehicle outside the Capitol on Jan. 6, 2021.
Those actions are sometimes complicating matters for defendants when they face judges at sentencing as prosecutors point to the profit-chasing activities in seeking tougher punishments. The Justice Department, in some instances, is trying to claw back money that rioters have made off the insurrection.
In one case, federal authorities have seized tens of thousands of dollars from a defendant who sold his footage from Jan. 6. In another case, a Florida man’s plea deal allows the U.S. government to collect profits from any book he gets published over the next five years. And prosecutors want a Maine man who raised more than $20,000 from supporters to surrender some of the money because a taxpayer-funded public defender is representing him.
Many rioters have paid a steep personal price for their actions on Jan. 6. At sentencing, rioters often ask for leniency on the grounds that they already have experienced severe consequences for their crimes.
They lost jobs or entire careers. Marriages fell apart. Friends and relatives shunned them or even reported them to the FBI. Strangers have sent them hate mail and online threats. And they have racked up expensive legal bills to defend themselves against federal charges ranging from misdemeanors to serious felonies.
Websites and crowdfunding platforms set up to collect donations for Capitol riot defendants try to portray them as mistreated patriots or even political prisoners.
An anti-vaccine medical doctor who pleaded guilty to illegally entering the Capitol founded a nonprofit that raised more than $430,000 for her legal expenses. The fundraising appeal by Dr. Simone Gold’s group, America’s Frontline Doctors, didn’t mention her guilty plea, prosecutors noted.
Before sentencing Gold to two months behind bars, U.S. District Judge Christopher Cooper called it “unseemly” that her nonprofit invoked the Capitol riot to raise money that also paid for her salary. Prosecutors said in court papers that it “beggars belief” that she incurred anywhere close to $430,000 in legal costs for her misdemeanor case.
Another rioter, a New Jersey gym owner who punched a police officer during the siege, raised more than $30,000 in online donations for a “Patriot Relief Fund” to cover his mortgage payments and other monthly bills. Prosecutors cited the fund in recommending a fine for Scott Fairlamb, who is serving a prison sentence of more than three years.
“Fairlamb should not be able to ‘capitalize’ on his participation in the Capitol breach in this way,” Justice Department lawyers wrote.
Read: More arrests in Capitol riot as more video reveals brutality
Robert Palmer, a Florida man who attacked police officers at the Capitol, asked a friend to create a crowdfunding campaign for him online after he pleaded guilty. After seeing the campaign to “Help Patriot Rob,” a probation officer calculating a sentencing recommendation for Palmer didn’t give him credit for accepting responsibility for his conduct. Palmer conceded that a post for the campaign falsely portrayed his conduct on Jan. 6. Acceptance of responsibility can help shave months or even years off a sentence.
“When you threw the fire extinguisher and the plank at the police officers, were you acting in self-defense?” asked U.S. District Judge Tanya Chutkan.
“No, ma’am, I was not,” Palmer said before the judge sentenced him to more than five years in prison.
A group calling itself the Patriot Freedom Project says it has raised more than $1 million in contributions and paid more than $665,000 in grants and legal fees for families of Capitol riot defendants.
In April, a New Jersey-based foundation associated with the group filed an IRS application for tax-exempt status. As of early August, an IRS database doesn’t list the foundation as a tax-exempt organization. The Hughes Foundation’s IRS application says its funds “principally” will benefit families of Jan. 6 defendants, with about 60% of the donated money going to foundation activities. The rest will cover management and fundraising expenses, including salaries, it adds.
Rioters have found other ways to enrich or promote themselves.
Jeremy Grace, who was sentenced to three weeks in jail for entering the Capitol, tried to profit off his participation by helping his dad sell T-shirts, baseball caps, water bottles, decals and other gear with phrases such as “Our House” and “Back the Blue” and images of the Capitol, prosecutors said.
Prosecutors said Grace’s “audacity” to sell “Back the Blue” paraphernalia is “especially disturbing” because he watched other rioters confront police officers on Jan. 6. A defense lawyer, however, said Grace didn’t break any laws or earn any profits by helping his father sell the merchandise.
Federal authorities seized more than $62,000 from a bank account belonging to riot defendant John Earle Sullivan, a Utah man who earned more than $90,000 from selling his Jan. 6 video footage to at least six companies. Sullivan’s lawyer argued authorities had no right to seize the money.
Richard “Bigo” Barnett, an Arkansas man photographed propping his feet up on a desk in the office of House Speaker Nancy Pelosi, D-Calif., has charged donors $100 for photos of him with his feet on a desk while under house arrest. Defense lawyer Joseph McBride said prosecutors have “zero grounds” to prevent Barnett from raising money for his defense before a December trial date.
“Unlike the government, Mr. Barnett does not have the American Taxpayer footing the bill for his legal case,” McBride wrote in a court filing.
Texas real estate agent Jennifer Leigh Ryan promoted her business on social media during and after the riot, boasting that she was “becoming famous.” In messages sent after Jan. 6, Ryan “contemplated the business she needed to prepare for as a result of the publicity she received from joining the mob at the Capitol,” prosecutors said in court documents.
Prosecutors cited the social media activity of Treniss Evans III in recommending a two-month jail term for the Texas man, who drank a shot of whiskey in a congressional conference room on Jan. 6. Evans has “aggressively exploited” his presence at the Capitol to expand his social media following on Gettr, a social media site founded by a former Trump adviser, prosecutors wrote before Evans’ sentencing, scheduled for this coming Tuesday,
A few rioters are writing books about the mob’s attack or have marketed videos that they shot during the riot.
Read: Capitol riot panel blames Trump for 1/6 'attempted coup'
A unique provision in Adam Johnson’s plea agreement allows the U.S. government to collect profits from any book he gets published over the next five years. Images of Johnson posing for photographs with Pelosi’s podium went viral after the riot. Prosecutors said they insisted on the provision after learning that Johnson intends to write a memoir “of some sort.”
Ronald Sandlin, a Nevada man charged with assaulting officers near doors to the Senate gallery, posted on Facebook that he was “working out a Netflix deal” to sell riot video footage. Later, in a call from jail, Sandlin told his mother that he had met with right-wing author and filmmaker Dinesh D’Souza and was in contact with podcaster Joe Rogan. He also asked his mom to contact publishers for the book he was writing about the “Capitol incident,” prosecutors said.
“I hope to turn it into movie,” Sandlin wrote in a March 2021 text message. “I plan on having Leonardo DiCaprio play me,” he wrote, adding a smiley face emoji.
2 years ago
Jan. 6 panel deepens probe to Trump Cabinet, awaits Thomas
The House Jan. 6 committee said Sunday it will interview more former Cabinet secretaries and is prepared to subpoena conservative activist Virginia “Ginni” Thomas, who's married to Supreme Court Justice Clarence Thomas, as part of its investigation of the Capitol riot and Donald Trump's role.
Lawmakers said they are deepening their inquiry after a series of eight hearings in June and July culminating in a prime-time session Thursday, with plans to interview additional witnesses and reconvene in September to resume laying out their findings to the public.
“We anticipate talking to additional members of the president’s Cabinet,” said Rep. Liz Cheney, the committee's vice chair. “We anticipate talking to additional members of his campaign. Certainly, we’re very focused as well on the Secret Service.”
Cheney, R-Wyo., did not identify the Trump administration officials who might come forward, but the committee has previously made clear its interest in speaking with those believed to have considered invoking a constitutional process in the 25th Amendment to remove Trump from office after the riot on Jan. 6, 2021, when hundreds of Trump’s supporters violently stormed the Capitol and interrupted the certification of Joe Biden’s election.
The committee has aired testimony from former Attorney General William Barr, who said he told Trump that widespread voter fraud claims were “bull——” and had “zero basis.” In last week’s hearing, the committee played testimony from then-Labor Secretary Eugene Scalia, who said he urged Trump to call a Cabinet meeting to discuss an orderly transition of power.
Other Cabinet members have indicated they may have important details to share.
Betsy DeVos, the education secretary at the time, previously told USA Today that she raised with Vice President Mike Pence the question of whether the Cabinet should consider invoking the 25th Amendment, which would have required the vice president and the majority of the Cabinet to agree that the president could no longer fulfill his duties.
Read: Capitol riot panel blames Trump for 1/6 'attempted coup'
DeVos, in her resignation letter on Jan. 7, 2021, blamed Trump for inciting the mob. “There is no mistaking the impact your rhetoric had on the situation, and it is the inflection point for me,” she wrote.
On the same day, Elaine Chao quit as transportation secretary. Chao, who is married to Senate GOP leader Mitch McConnell of Kentucky, said the attack had "deeply troubled me in a way that I simply cannot set aside.”
Mike Pompeo, the secretary of state at the time who is considering a 2024 presidential run, and Steven Mnuchin, Trump's treasury secretary, also were reported to have discussed the possibility of invoking the 25th Amendment, according to Jonathan Karl of ABC News in his book “Betrayal.”
“The floodgates have opened,” said Rep. Elaine Luria, D-Va., regarding the next phase of its investigation.
Committee members also hope to learn more about Ginni Thomas’ own effort to keep Trump in office and the potential conflicts of interest for Clarence Thomas as a result on Jan. 6 cases that have come before the Supreme Court. The committee sent a letter to Ginni Thomas last month seeking an interview and hopes she will comply, Cheney said.
Thomas communicated with people in Trump’s orbit ahead of the 2021 attack and also on the day of the insurrection.
“We certainly hope that she will agree to come in voluntarily,” Cheney said. “But the committee is fully prepared to contemplate a subpoena if she does not.”
Cheney also said that while the committee hasn’t decided whether to make a criminal referral regarding Trump to the Justice Department, “that’s absolutely something we’re looking at.”
Added Rep. Adam Kinzinger, R-Ill.: “I certainly think there’s evidence of crimes and I think it goes all the way up to Donald Trump.”
While a possible Trump prosecution is a matter for the Justice Department, the committee has used its hearings to try to make a case about his political viability as he mulls running in 2024. Some of the most damning testimony aired by the committee has come from Trump’s own top Republican advisers, military leaders and confidants, who admitted to a loss of confidence in his judgment and dedication to the rule of law in the days leading up to and after the Jan. 6 attack.
The committee also wants to get to the bottom of missing Secret Service texts from Jan. 5-6, 2021, that could have shed further light on Trump’s actions during the insurrection, particularly after earlier testimony about his confrontation with security as he tried to join supporters at the Capitol.
Lawmakers also are interested in hearing from Steve Bannon, a Trump ally who was found guilty last week on criminal contempt of Congress charges for refusing to comply with the House committee’s subpoena.
Cheney spoke on CNN's “State of the Union” and “Fox News Sunday,” Kinzinger appeared on ABC's “This Week,” and Luria was on NBC's “Meet the Press."
2 years ago
Capitol riot panel blames Trump for 1/6 'attempted coup'
The House panel investigating the Jan. 6 insurrection at the U.S. Capitol laid the blame firmly on Donald Trump Thursday night, saying the assault was hardly spontaneous but an “attempted coup” and a direct result of the defeated president's effort to overturn the 2020 election.
With a never-before-seen 12-minute video of extremist groups leading the deadly siege and startling testimony from Trump's most inner circle, the 1/6 committee provided gripping detail in contending that Trump’s repeated lies about election fraud and his public effort to stop Joe Biden's victory led to the attack and imperiled American democracy
“Democracy remains in danger,” said Rep. Bennie Thompson, D-Miss., chairman of the panel, during the hearing, timed for prime time to reach as many Americans as possible.
"Jan. 6 was the culmination of an attempted coup, a brazen attempt, as one rioter put it shortly after Jan. 6, to overthrow the government,” Thompson said. "The violence was no accident.”
Also read: Trump set to undergo questioning in July in NY civil probe
The hearings may not change Americans' views on the Capitol attack, but the panel's investigation is intended to stand as its public record. Ahead of this fall's midterm elections, and with Trump considering another White House run, the committee's final report aims to account for the most violent attack on the Capitol since 1814, and to ensure such an attack never happens again.
Testimony showed Thursday how Trump desperately clung to his own false claims of election fraud, beckoning supporters to the Capitol on Jan. 6 when Congress would certify the results, despite those around him insisting Biden had won the election.
In a previously unseen video clip, the panel played a quip from former Attorney General Bill Barr who testified that he told Trump the claims of a rigged election were “bull——.”
In another, the former president's daughter, Ivanka Trump, testified to the committee that she respected Barr's view that there was no election fraud. “I accepted what he said.”
Others showed leaders of the extremist Oath Keepers and Proud Boys preparing to storm the Capitol to stand up for Trump. One rioter after another told the committee they came to the Capitol because Trump asked them to.
“President Trump summoned a violent mob,” said Rep. Liz Cheney, R-Wyo., the panel's vice chair who took the lead for much of the hearing. “When a president fails to take the steps necessary to preserve our union — or worse, causes a constitutional crisis — we're in a moment of maximum danger for our republic.”
There was an audible gasp in the hearing room when Cheney read an account that said when Trump was told the Capitol mob was chanting for Vice President Mike Pence to be hanged for refusing to block the election results. Trump responded that maybe they were right, that he “deserves it.”
At another point it was disclosed that Rep. Scott Perry, R-Pa., a leader of efforts to object to the election results, had sought a pardon from Trump, which would protect him from prosecution.
When asked about the White House lawyers threatening to resign over what was happening in the administration, Trump’s son-in-law Jared Kushner scoffed they were “whining.”
Police officers who had fought off the mob consoled one another as they sat in the committee room reliving the violence they faced on Jan. 6. Officer Harry Dunn teared up as bodycam footage showed rioters bludgeoning his colleagues with flagpoles and baseball bats.
In wrenching testimony U.S. Capitol Police officer Caroline Edwards told the panel that she slipped in other people’s blood as rioters pushed past her into the Capitol. She suffered brain injuries in the melee.
“It was carnage. It was chaos,” she said.
Also read: Capitol rioters' social media posts influencing sentencings
The riot left more than 100 police officers injured, many beaten and bloodied, as the crowd of pro-Trump rioters, some armed with pipes, bats and bear spray, charged into the Capitol. At least nine people who were there died during and after the rioting, including a woman who was shot and killed by police.
Biden, in Los Angeles for the Summit of the Americas, said many viewers were “going to be seeing for the first time a lot of the detail that occurred.”
Trump, unapologetic, dismissed the investigation anew — and even declared on social media that Jan. 6 “represented the greatest movement in the history of our country.”
Republicans on the House Judiciary Committee tweeted: “All. Old. News.”
Emotions are still raw at the Capitol, and security was tight. Law enforcement officials are reporting a spike in violent threats against members of Congress.
Against this backdrop, the committee was speaking to a divided America. Most TV networks carried the hearing live, but Fox News Channel did not.
The committee chairman, civil rights leader Thompson, opened the hearing with the sweep of American history. saying he heard in those denying the stark reality of Jan. 6 his own experience growing up in a time and place “where people justified the action of slavery, the Ku Klux Klan and lynching.”
Republican Rep. Cheney, the daughter of former Vice President Dick Cheney, outlined what the committee has learned about the events leading up to that brisk January day when Trump sent his supporters to Congress to “fight like hell” for his presidency.
Among those testifying was documentary maker Nick Quested, who filmed the Proud Boys storming the Capitol — along with a pivotal meeting between the group's then-chairman Henry “Enrique” Tarrio and another extremist group, the Oath Keepers, the night before in nearby parking garage. Quested said the Proud Boys later went to get tacos.
Court documents show that members of the Proud Boys and Oath Keepers were discussing as early as November a need to fight to keep Trump in office. Leaders both groups and some members have since been indicted on rare sedition charges over the military-style attack.
In the weeks ahead, the panel is expected to detail Trump’s public campaign to “Stop the Steal” and the private pressure he put on the Justice Department to reverse his election loss — despite dozens of failed court cases attesting there was no fraud on a scale that could have tipped the results in his favor.
The panel faced obstacles from its start. Republicans blocked the formation of an independent body that could have investigated the Jan. 6 assault the way the 9/11 Commission probed the 2001 terror attack.
Instead, House Speaker Nancy Pelosi ushered the creation of the 1/6 panel through Congress and rejected Republican-appointed lawmakers who had voted on Jan. 6 against certifying the election results, eventually naming seven Democrats and two Republicans.
House GOP Leader Kevin McCarthy, who has been caught up in the probe and has defied the committee's subpoena for an interview, called the panel a “scam.”
In the audience were several lawmakers who were trapped together in the House gallery during the attack.
“We want to remind people, we were there, we saw what happened,” said Rep. Dean Phillips, D-Minn. ”We know how close we came to the first non-peaceful transition of power in this country.”
The Justice Department has arrested and charged more than 800 people for the violence that day, the biggest dragnet in its history.
2 years ago
Seditious conspiracy: 11 Oath Keepers charged in Jan. 6 riot
Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia group, and 10 other members or associates have been charged with seditious conspiracy in the violent attack on the U.S. Capitol, authorities said Thursday.
Despite hundreds of charges already brought in the year since pro-Trump rioters stormed the Capitol in an effort to stop the certification of President Joe Biden’s 2020 election victory, these were the first seditious conspiracy charges levied in connection with the attack on Jan. 6, 2021.
It marked a serious escalation in the largest investigation in the Justice Department’s history – more than 700 people have been arrested and charged with federal crimes – and highlighted the work that has gone into piecing together the most complicated cases. The charges rebut, in part, the growing chorus of Republican lawmakers who have publicly challenged the seriousness of the insurrection, arguing that since no one had been charged yet with sedition or treason, it could not have been so violent.
Also read: Capitol rioters' social media posts influencing sentencings
The indictment alleges Oath Keepers for weeks discussed trying to overturn the election results and preparing for a siege by purchasing weapons and setting up battle plans. They repeatedly wrote in chats about the prospect of violence and the need, as Rhodes allegedly wrote in one text, “to scare the s—-out of” Congress. And on Jan. 6, the indictment alleges, they entered the Capitol building with the large crowds of rioters who stormed past police barriers and smashed windows, injuring dozens of officers and sending lawmakers running.
Authorities have said the Oath Keepers and their associates worked as if they were going to war, discussing weapons and training. Days before the attack, one defendant suggested in a text message getting a boat to ferry weapons across the Potomac River to their “waiting arms,” prosecutors say.
On Jan. 6, several members, wearing camouflaged combat attire, were seen on camera shouldering their way through the crowd and into the Capitol in a military-style stack formation, authorities say.
The indictment against Rhodes alleges Oath Keepers formed two teams, or “stacks,” that entered the Capitol. The first stack split up inside the building to separately go after the House and Senate. The second stack confronted officers inside the Capitol Rotunda, the indictment said. Outside Washington, the indictment alleges, the Oath Keepers had stationed two “quick reaction forces” that had guns “in support of their plot to stop the lawful transfer of power.”
Rhodes, 56, of Granbury, Texas, is the highest-ranking member of an extremist group to be arrested in the deadly siege. He and Edward Vallejo, 63, of Phoenix, Arizona, were arrested on Thursday. The nine others were already facing criminal charges related to the attack.
Sedition charges are difficult to win and rarely used, but defendants face steep prison time of 20 years if convicted, compared with five for the other conspiracy charges. The last time U.S. prosecutors brought such a seditious conspiracy case was in 2010 in an alleged Michigan plot by members of the Hutaree militia to incite an uprising against the government. But a judge ordered acquittals on the sedition conspiracy charges at a 2012 trial, saying prosecutors relied too much on hateful diatribes protected by the First Amendment and didn’t, as required, prove the accused ever had detailed plans for a rebellion.
Among the last successful convictions for seditious conspiracy stemmed from another, now largely forgotten storming of the Capitol in 1954, when four Puerto Rican nationalists opened fire on the House floor, wounding five representatives.
Most of the hundreds of people charged in the violence are facing lower-level crimes. More than 150 people have been charged with assaulting police officers at the Capitol. Over 50 have been charged with conspiracy, mostly people linked to the far-right Proud Boys and anti-government Oath Keepers. There have been no sedition charges brought against the Proud Boys.
Rhodes did not enter the Capitol building on Jan. 6 but is accused of helping put into motion the violence. Jonathan Moseley, an attorney who said he represented Rhodes, said Rhodes was supposed to testify before the House committee investigating the Jan. 6 insurrection in a deposition but it got called off.
“He has been subject to a lot of suspicion to why he wasn’t indicted,” so far in the Jan. 6 riot, Moseley said. “I don’t know if this is in response to those discussions, but we do think it’s unfortunate. It’s an unusual situation.”
A second attorney representing the group, Kellye SoRelle, said she was issuing a statement later and said Mosley did not represent Rhodes.
Also read: Fierce Capitol attacks on police in newly released videos
Rhodes has said in interviews with right-wing hosts that there was no plan to storm the Capitol and that the members who did so went rogue. But he has continued to push the lie that the 2020 election was stolen, while posts on the Oath Keepers website have depicted the group as a victim of political persecution.
Other defendants in the conspiracy have argued in court that the only plan was to provide security at the rally before the riot or protect themselves against possible attacks from far-left antifa activists.
Rhodes, a former U.S. Army paratrooper and Yale Law School graduate, founded the Oath Keepers in 2009. The right-wing extremist group recruits current and former military, police and first responders. Several of those arrested are veterans.
Rhodes has appeared in court documents in the conspiracy case for months as “Person One.”
Authorities say he held a GoToMeeting call days after the election, telling his followers to go to Washington and let then President Donald Trump know “that the people are behind him.” Rhodes told members they should be prepared to fight antifa and that some Oath Keepers should “stay on the outside” and be “prepared to go in armed” if necessary.
“We’re going to defend the president, the duly elected president, and we call on him to do what needs to be done to save our country. Because if you don’t guys, you’re going to be in a bloody, bloody civil war, and a bloody — you can call it an insurrection or you can call it a war or fight,” Rhodes said, according to court documents.
Authorities have said Rhodes was part of an encrypted Signal chat with Oath Keepers from multiple states leading up to Jan. 6 called “DC OP: Jan 6 21” and it showed the group was “activating a plan to use force” that day.
On the afternoon of the 6th, authorities say Rhodes told the group over Signal: “All I see Trump doing is complaining. I see no intent by him to do anything. So the patriots are taking it into their own hands. They’ve had enough.”
Around 2:30 p.m., Rhodes had a 97-second phone call with Kelly Meggs, the reputed leader of the group’s Florida chapter, who was part of the military-style stack, authorities say. About 10 minutes later, Rhodes sent a photo to the group showing the southeast side of the Capitol with the caption, “South side of US Capitol. Patriots pounding on doors.” Around that same time, those in the stack formation forcibly entered the Capitol, prosecutors say.
Rhodes was arrested in Little Elm, a suburb about 35 miles north of Dallas. He was booked into the Collin County Detention Center, where a sheriff’s deputy said that local jail officials could not make Rhodes available to speak with a reporter because he was arrested by federal agents.
He was expected in court Friday in Texas.
More than 70 defendants remain detained on riot charges. At least 183 defendants have pleaded guilty to riot-related charges as of Jan. 11. At least 78 of them have been sentenced, including 35 people who received jail or prison sentences or time already served.
2 years ago
Officers maced, trampled: Docs expose depth of Jan. 6 chaos
Two firefighters loaned to Washington for the day were the only medics on the Capitol steps Jan. 6, trying to triage injured officers as they watched the angry mob swell and attack police working to protect Congress.
3 years ago
Law enforcement on alert after plot warning at US Capitol
Law enforcement was on high alert Thursday around the U.S. Capitol after intelligence uncovered a “possible plot” by a militia group to storm the iconic building again, two months after a mob of Donald Trump supporters smashed through windows and doors to try to stop Congress from certifying now-President Joe Biden's victory.
3 years ago
Federal conspiracy charges for 2 Proud Boys in Capitol riot
Two men identified as members of the Proud Boys have been indicted on federal conspiracy and other charges in the Capitol riot as prosecutors raise the stakes in some of the slew of cases stemming from the Jan. 6 insurrection.
3 years ago
Trump impeachment trial to begin week of Feb 8: Schumer
Opening arguments in the Senate impeachment trial for Donald Trump over the Capitol riot will begin the week of Feb 8, the first time a former president will face such charges after leaving office.
3 years ago
House to send Trump impeachment article Monday
House Speaker Nancy Pelosi plans to send the article of impeachment against Donald Trump to the Senate on Monday, launching the start of the former president’s trial on a charge of incitement of insurrection over the deadly Capitol riot.
3 years ago