The defense team in the Capitol riot trial of the Oath Keepers leader is relying on an unusual strategy with Donald Trump at the center.
cannot find him guilty of seditious conspiracy because all the actions he took before the siege on Jan. 6, 2021, were in preparation for orders he anticipated from the then-president — orders that never came.
The Insurrection Act gives a president broad authority to call up the military and decide what shape that force will take.To succeed with this line of defense, Bright would have to convince a jury that Rhodes was waiting on the go-ahead from the president, which could be a major hurdle. Rhodes and his associates — Kelly Meggs, Thomas Caldwell, Jessica Watkins and Kenneth Harrelson — are the first Jan. 6 defendants to be tried on seditious conspiracy, a rarely used Civil War-era charge that can be difficult to prove.
Among those likely to testify against Rhodes are three of his former followers, including one who has said Rhodes instructed them to be ready to use lethal force if necessary to keep Trump in the White House.
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