The founding father of the Oath Keepers extremist group and 4 associates deliberate an "armed revolt" to maintain President Donald Trump in energy, a federal prosecutor has informed a US court docket.
Stewart Rhodes and his band of extremists had been ready to go to conflict to cease Joe Biden from changing into president, Assistant US Lawyer Jeffrey Nestler informed jurors. The group celebrated the Capitol assault on January 6, 2021, as a battle that they had gained and continued their plot even after Biden's electoral victory was licensed, Nestler alleged.
"Their purpose was to cease, by no matter means needed, the lawful switch of presidential energy, together with by taking over arms in opposition to the US authorities," the prosecutor mentioned throughout his opening assertion.
"They concocted a plan for armed revolt to shatter a bedrock of American democracy."
Rhodes and the 4 others are the primary January 6 defendants to face trial on the cost of seditious conspiracy, a uncommon Civil Struggle-era cost that requires as much as 20 years behind bars.
The stakes are excessive for the Justice Division, which final secured a seditious conspiracy conviction at trial practically 30 years in the past.
Rhodes' legal professional painted a far totally different image, describing the Oath Keepers as a "peacekeeping" power. He accused prosecutors of constructing their case on cherry-picked proof from messages and movies and informed jurors that the "true image" would present that the Oath Keepers had merely been making ready for orders they anticipated from Trump however by no means got here.
"Stewart Rhodes meant no hurt to the Capitol that day. Stewart Rhodes didn't have any violent intent that day," Rhodes' legal professional, Phillip Linder, mentioned.
"The story the federal government is attempting to let you know at present is totally unsuitable."
On trial with Rhodes, of Granbury, Texas, are Kelly Meggs, chief of the Florida chapter of the Oath Keepers; Kenneth Harrelson, one other Florida Oath Keeper; Thomas Caldwell, a retired US Navy intelligence officer from Virginia, and Jessica Watkins, who led an Ohio militia group. They face a number of different expenses as properly.
About 900 folks have been charged and tons of convicted within the Capitol assault. Rioters stormed previous police limitations, engaged in hand-to-hand fight with officers, smashed home windows and briefly halted the certification of Biden's electoral victory.
Prosecutors informed jurors the rebellion was no spontaneous outpouring of election-fueled rage however a part of an in depth, drawn-out plot to cease Biden from getting into the White Home.
Rhodes started plotting to overturn Biden's victory proper after the election, Nestler mentioned. In November 2020, Rhodes despatched his followers a step-by-step plan for stopping the switch of energy primarily based on a preferred rebellion that introduced down Yugoslavia's president 20 years earlier. As December approached, Rhodes' rhetoric grew to become more and more violent and determined, Nestler mentioned.
In messages and feedback learn to the jury, the Oath Keepers repeatedly warned of the prospect of violence if Biden had been to turn into president. Throughout a December interview, Rhodes known as senators "traitors" and warned that the Oath Keepers must "overthrow, abort or abolish Congress."
Rhodes knew that if the Oath Keepers did not cease Congress from certifying the vote on January 6, it could be a lot more durable to cease Biden from taking workplace, Nestler mentioned.
The Oath Keepers organised coaching, together with one session that was recorded on video and set to rock music. Earlier than coming to Washington, they arrange "fast response power" groups with "weapons of conflict" stashed at a Virginia resort so they may get them into the capital shortly if needed, the prosecutor mentioned.
As Oath Keepers stormed the Capitol in helmets and different battle gear, Rhodes remained on the skin, like "a normal surveying his troops on a battlefield," Nestler mentioned. After the assault, the Oath Keepers had been "elated," the prosecutor mentioned.
"These defendants had been preventing a conflict and so they gained a battle on January 6 ... however they deliberate to proceed waging that conflict to cease the switch of energy previous to Inauguration Day. Fortunately their plans had been foiled," Nestler mentioned.
Within the days between the riot and Biden's inauguration, Rhodes spent greater than US$17,000 ($26,077) on firearm elements, ammunition and different gadgets, prosecutors say. Across the time of the inauguration, Rhodes informed others to organise native militias to oppose the Democratic administration, authorities say.
"Patriots getting into their very own Capitol to ship a message to the traitors is NOTHING in comparison with what's coming," Rhodes wrote in a message the night of January 6.
Defence attorneys say the Oath Keepers got here to Washington solely to offer safety at occasions for figures reminiscent of Trump ally Roger Stone earlier than the president's large outside rally behind the White Home. Rhodes has mentioned there was no plan to assault the Capitol and that the members who did acted on their very own.
Riots, violence and deaths after Capitol stormed
Rhodes' lawyer informed jurors that his shopper will take the stand to argue that he believed Trump was going to invoke the Rebellion Act and name up a militia, which Rhodes had been calling on him to do to cease Biden from changing into president.
Rhodes' legal professionals have mentioned he was merely lobbying the president to invoke a US legislation.
Nestler took intention on the Rebellion Act declare, saying it was solely an try to cowl up Rhodes' unlawful scheme. "Rhodes, with a legislation diploma was cautious together with his personal phrases. Fairly than say out loud their plan, they used a code - or shorthand - the Rebellion Act," he mentioned.
In a single message from December 2020, Rhodes wrote that Trump "must know that if he fails to behave, then we are going to."