Oath Keepers founder convicted of seditious conspiracy for role in Jan. 6 attack

Jun 23, 2023

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A federal jury convicted the founder of the Oath Keepers militia, Stewart Rhodes, of seditious conspiracy in the January 6 attack on the U.S. Capitol. Mary McCord, director of the Institute for Constitutional Advocacy and Protection, monitored the trial in Washington and joined Judy Woodruff to discuss the verdict.

Judy Woodruff:

All right, and our other major story tonight is, a federal grand jury has convicted the founder of the Oath Keepers militia, Stewart Rhodes, of seditious conspiracy in the January 6 attack on the U.S. Capitol. A second defendant was also found guilty. Three others were acquitted.

Mary McCord is the director of the Institute for Constitutional Advocacy and Protection. She is also a former Justice Department official. She monitored the trial in Washington, D.C., and she joins us now.

So, Mary, before I ask you about this verdict, remind us who Stewart Rhodes is. What are the Oath Keepers?

Mary McCord, Former Justice Department Official:

So, Stewart Rhodes is the self-proclaimed leader of an unlawful private militia organization known as the Oath Keepers.

This organization has been around since about 2009. Stewart and others who are part of this organization attended other standoffs against the federal government, such as the standoff in Bunkerville, Nevada, back in 2015, I believe it was, or 2014, and other standoffs out West.

Stewart, particularly in these last several years, has been very vocal in wanting to come to the defense of President Trump. Initially, should he have been impeached and removed from office, Stewart Rhodes had tweeted about the president needs to only call up the Oath Keepers and they would ensure that he was not removed from office.

He continued with that type of rhetoric and planning throughout 2020 and 2021 as the Stop the Steal movement gained momentum. And, as we now know, the jury has agreed that he was involved in a seditious conspiracy with other Oath Keepers to actually use force or violence to prevent the execution of laws of the United States, and that law being the counting of the Electoral College votes.

Judy Woodruff:

So, Mary, that's not a verdict we hear about very often. What's the significance of it?

Mary McCord:

So, it's very significant because, as you noted, it is not charged particularly often. And it's often — and it's not always been successful in the past. And that's sometimes because it's been charged where what was conspired to happen never actually happened.

And I think one of the things that made this perhaps an easier case for the jury was not just that there was overwhelming evidence of the planning to do exactly what ended up happening, to use force and violence to prevent the counting of the Electoral College votes, but it also actually happened. They did use force and violence to hinder and delay and prevent the counting of Electoral College votes.

It was not ultimately successful in overturning the results in the election, but in delayed it by a number of hours. So, a jury didn't have to wonder, would they have really made good on their conspiracy? The jury could see it with its own eyes, hear with their own ears that Stewart Rhodes and other members of the Oath Keepers did make good on that conspiracy.

Judy Woodruff:

And, just very quickly, Mary, we know other defendants coming up to trial. Does this have significance for those cases?

Mary McCord:

It absolutely will.

With all of these cases coming out of January 6, I think charged defendants have looked to see how others fared at trial. And, so far, those who have gone to trial on felonies have been found guilty. Now, not every member of this last trial, not all of the five who were charged and tried together were found guilty of seditious conspiracy, but all five were found guilty of some offenses.

In fact, all five were found guilty of obstructing an official proceeding, which carries the same penalty as seditious conspiracy, up to 20 years in prison, so very, very serious charges, a very important verdict, and it really is going to put the writing on the wall for the others who face this charge.

Judy Woodruff:

Mary McCord analyzing for us this verdict of — in the case of Stewart Rhodes.

Mary, thank you so much.

Mary McCord:

It's my pleasure.

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