Legal Risks in Sedition Conspiracy Case Against Oath Keepers

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Legal Risks in Sedition Conspiracy Case Against Oath Keepers
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The seditious conspiracy case against members and associates of the far-right Oath Keepers militia group marks the boldest attempt so far by the government to prosecute those who attacked the U.S. Capitol.

The experts who examined the indictment against the 11 Oath Keepers members and associates said the government’s case is supported by detailed allegations that participants in the plot discussed their plans in encrypted chats, traveled to the nation's capital from across the country, organized into teams, used military tactics, stashed weapons outside Washington in case they felt they were needed and communicated with each other during the riot on Jan. 6, 2021.

Authorities say several members of the Oath Keepers shouldered their way through the crowd on Jan. 6 and into the Capitol in a military-style stack formation. Group members are accused of setting up “quick reaction force” teams that stationed weapons outside of Washington and were prepared to deliver arms to group members and associates if they believed the need arose.

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. Lawyer William Swor, who represented Hutaree militia leader David Stone, said prosecutors in the decade-old case failed to prove that group members were “more than just talking” and were “actively planning to oppose the government.”

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