Judging From These Verdicts, Stewart Rhodes’ Seditious Conspiracy Did Not Involve Attacking the Capitol – By Jacob Sullum (Reason) / Dec 1, 2022
The Oath Keepers leader was acquitted of two riot-related conspiracy counts but convicted of plotting to keep Donald Trump in office “by force.”
A federal jury this week convicted Oath Keepers founder Stewart Rhodes of seditious conspiracy, concluding that he and Kelly Meggs, another member of the right-wing militia, plotted to keep Donald Trump in office “by force.” This is the first time that a jury has convicted participants in the January 6, 2021, riot at the U.S. Capitol of that crime, which is punishable by up to 20 years in prison. The hundreds of Trump supporters who have been arrested in connection with the riot typically have faced misdemeanor charges such as trespassing, disorderly conduct, and unauthorized demonstrating.
Rhodes stands out from those other defendants because he was the leader of an armed organization that was allegedly determined to keep Joe Biden out of the White House by any means necessary. Yet Rhodes’ seditious conspiracy conviction is rather puzzling given the jury’s rejection of two other conspiracy charges against him. The jury acquitted Rhodes of conspiring to obstruct the congressional certification of Biden’s victory on January 6 and of conspiring to prevent members of Congress from discharging their official duties by completing that process.
The eruption of “Stop the Steal” violence on January 6 delayed the electoral vote count, thereby obstructing the peaceful transfer of power, which was the alleged object of the seditious conspiracy. The Oath Keepers’ actions that day, when several participated in the riot while others stood by at a nearby hotel where they had stashed weapons, were the most striking steps they took to advance that scheme. Yet the jury was not persuaded that Rhodes, the group’s ostensible leader, planned to disrupt the congressional ratification of the election results.
