You get 20. You get 20. Everybody gets 20 years
A series of guilty verdicts in the Oath Keepers trial was a major win for the Justice Department (DOJ) that legal experts say is a warning sign to members of extremist groups still awaiting trial for their role in the storming of the Capitol on Jan. 6.
A jury on Tuesday delivered guilty verdicts on seditious conspiracy for the militia group’s leader Stewart Rhodes and Kelly Meggs, its Florida chapter leader, handing a victory to DOJ lawyers who have brought such charges rarely and with limited success.
While DOJ was not able to get a win on seditious conspiracy for each of the five defendants, all were found guilty of obstruction of an official proceeding, a crime that likewise carries a maximum 20-year prison sentence.
“What’s significant about this verdict is not just the seditious conspiracy convictions but the fact that all five defendants who were part of an unlawful paramilitary organization, who planned for and then executed an attack on the Capitol that involved obstructing Congress’s statutorily and constitutionally required obligation to count the Electoral College votes and certify a winner of the presidential election, every single one of them was found guilty for that, for obstructing that proceeding,” said Mary McCord, who served as the acting assistant attorney general for national security under the Obama administration.
“All five defendants were convicted of very serious crimes related to the Jan. 6 attack. No one got off; no one’s defenses were accepted.”
The convictions for Rhodes and Meggs come as a suite of other members of the Oath Keepers and the far-right Proud Boys, including its leader Enrique Tarrio, are set to face trial next month on seditious conspiracy charges.
The convictions of Rhodes and Meggs and three other Oath Keeper members – Kenneth Harrelson, Jessica Watkins and Thomas Caldwell – indicate a high risk of substantial prison time for the other defendants, something former prosecutors say could have those who have not plead guilty rethinking whether to head to trial.
“To the extent defendants are watching in those cases, they may be more likely to cooperate and enter a guilty plea, thinking that their hand is not as strong as perhaps they once thought it was,” said Barbara McQuade, a former U.S. Attorney in Michigan who brought seditious conspiracy charges against members of the Hutaree Militia.
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“As the verdict of this case makes clear, the department will work tirelessly to hold accountable those responsible for crimes related to the attack on our democracy on Jan. 6,” he said.
McQuade said Monday’s verdict and the ongoing work is all important in the big picture.
“That’s how the system is supposed to work. Convictions are not just about holding people accountable for their crimes in the past but deterring people from committing those same crimes in the future.”
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5 years (+)
- DOJ: Jan. 6 rioter tried to sell video from Capitol siege
A Capitol rioter who filmed himself assaulting a police officer did interviews from jail with documentary filmmaker Alexandra Pelosi, the daughter of House Speaker Nancy Pelosi, per court documents.
Driving the news: In a sentencing memorandum Friday, prosecutors said Ronald Sandlin, a 35-year-old from Tennessee, repeatedly tried to profit "from his criminal conduct" on Jan. 6, 2021, by selling video footage he took during the insurrection.
- One such instance was during recorded jail calls with Alexandra Pelosi, in which he discussed "providing his footage to her as well as his conspiracy theories," the court documents state.
- He also instructed a friend to watermark his footage from inside the Capitol so that he could send a sample to potential buyers.
- Sandlin also created an online fundraiser for legal fees, despite having a court-appointed attorney at no cost to him, the Department of Justice said.
The bottom line: The DOJ requested the court sentence Sandlin to 63 months of incarceration, followed by three years of supervised release.
Background: Sandlin, who has been in pretrial detention since January 2021, pleaded guilty in October to felony charges of conspiracy to obstruct an official proceeding and assaulting, resisting or impeding officers.
Details: Prosecutors said Sandlin and his two co-conspirators took weapons, including two pistols, to the Capitol.
- While storming the building, Sandlin filmed himself grabbing an officer's helmet, according to the DOJ.
- "Get out of the way! Your life is not worth it today," Sandlin told officers in a video he recorded. "You’re going to die, get out of the way!"
- He also said in the video footage "we’re not here to spectate anymore," and "if you’re not breaching the building, move out of the way."
- Sandlin later filmed himself entering the Senate gallery and smoking marijuana in the Capitol rotunda, per the DOJ.
- He also stole a book from a Senate-side office and grabbed an oil painting from the Capitol before rioters took it back.