Oath Keepers sedition trial: Secret recordings played to jury reveal plans for Jan 6 ‘fight’

Text messages and video evidence fom the FBI dominated a second day of witness testimony during the trial of Oath Keepers leader Stewart Rhodes and four others tied to the far-right anti-government militia group, who face charges of seditious conspiracy for their roles in the attack on the US Capitol on 6 January, 2021.

Federal prosecutors argue the group and its leader spent weeks plotting an attempt to violently disrupt the joint session of Congress, alongside a mob of Donald Trump’s supporters, to block the certification of Joe Biden’s presidency.

Recordings allegedly captured during a November 2020 meeting with the group reveal their preparations for a “fight” in Washington DC, with Mr Rhodes telling others to “do it smart” and “while President Trump is still commander in chief.”

Opening arguments began on 3 October, during which prosecutors said that the group planned an “armed rebellion” to “stop by whatever means necessary the lawful transfer of presidential power”.

FBI testimony also revealed group messages from Mr Rhodes preparing to reject the outcome of the 2020 election hours after polls had closed, and urging members to “refuse to accept Biden as the legitimate winner.”

Key Points

• FBI shares Oath Keepers texts and recordings with plans for a ‘fight’

• Texts reveal Oath Keepers plot to reject 2020 outcome leading up to Jan 6

• Prosecutors say group planned ‘armed rebellion’

• Why a ‘death list’ won’t be heard as evidence

• Oath Keepers and the Insurrection Act defense

Tuesday 4 October 2022 15:44 , Alex Woodward

Good morning.

We’re following a second day of witness testimony in the trial of Oath Keepers leader Stewart Rhodes and four others tied to the anti-government militia group.

Yesterday’s opening arguments from federal proseutors claimed that the group plotted for weeks to violently obstruct Joe Biden’s presidency.

“They did not go to the Capitol to defend or help,” according to assistant US Attorney Jeff Nestler. “They went to attack.”

Oath Keepers planned ‘armed rebellion’ on Jan 6, according to federal prosecutors

Stewart Rhodes urged allies to reject 2020 outcome hours after Election Day, trial hears

Tuesday 4 October 2022 15:47 , Alex Woodward

FBI testimony on Monday revealed messages sent by Stewart Rhodes to members of the Oath Keepers in the hours after Election Day in 2020, leading up to the group’s plans to assemble at the US Capitol on 6 January, 2021.

Hours after Election Day, Mr Rhodes allegedly called on his allies to resist a potential Joe Biden victory – which would not be declared until several days later.

“The left, including the Democratic Party … seek our destruction,” he allegedly wrote in a message on the encrypted chat app Signal after 1am on 4 November, just hours after polls had closed.

“We must defeat them,” the message continued. “Even if one of them occupies the White House.”

Two days before Mr Biden’s victory, he wrote: “We must refuse to accept Biden as the legitimate winner ... Call out the fraud and theft. Protect and defend all who are publicly standing against it.”

When Mr Biden was declared the victor, he wrote to a chat group that included Trump ally Roger Stone: “We need to roll. I’m on my way to DC right now with my [Oath Keeper] tactical leaders … to do recon.”

Stewart Rhodes called on Oath Keepers to reject election within hours, trial hears

What is seditious conspiracy?

Tuesday 4 October 2022 15:49 , Alex Woodward

Federal prosecutors have filed criminal charges against hundreds of people tied to the Capitol attack, but the indictment of Stewart Rhodes and fouth others stands out because it charges them under a rarely used provision of law that can found in the chapter of the US criminal code titled “Treason, Sedition, and Subversive Activities”.

The Independent’s Andrew Feinberg explains:

What is seditious conspiracy and why is it a big deal?

FBI shares Oath Keepers texts, recordings with jury

Tuesday 4 October 2022 16:09 , Alex Woodward

Stewart Rhodes brought unfounded claims of fraud in the 2020 presidential election to a meeting with Oath Keepers days after Biden was declared the victor, according to recordings of a meeting days after Election Day that was shared with the jury on Tuesday.

He called voter fraud an “insurrection that needed to be suppressed.”

“If the fight comes, let the fight come. Let Antifa go, if they go kinetic on us, then we’ll go kinetic back on them. I’m willing to sacrifice myself for that. Let the fight start there. That would give Trump what he needs,” he said.

He also told the group “don’t make it easy for them to pop you with a conspiracy charge.”

ICYMI: Hundreds of elected officials, military and law enforcement on leaked Oath Keepers list, report finds

Tuesday 4 October 2022 16:30 , Alex Woodward

The Oath Keepers on trial for seditious conspiracy for their role in the January 6 attack on the Capitol is a fraction of the group, which has a membership that extends across the US and an influential reach within many sectors of public life and and services.

A recently leaked membership list includes the names of hundreds of law enforcement officials, members of the military and elected officials, among others.

Elected officials, military and police on leaked Oath Keepers list, report finds

GOP senator tells constituents that labeling Jan 6 an ‘armed insurrection’ is ‘inaccurate’

Tuesday 4 October 2022 16:49 , Alex Woodward

Republican Senator Ron Johnson of Wisconsin told a group in Milwaukee that calling the attack on the US Capitol an “armed insurrection” is “inaccurate.”

He added that rioters showed “us how you can use a flag pole”.

One rioter dragged a police officer and beat him with a flag pole during the attack. Another rioter, a former NYPD officer, charged at police with a flag pole.

Federal prosecutors at the Oath Keepers trial also argue that the group stashed weapons and other supplies with plans for a “quick reaction force”. Texts and group meetings reveal plans for bringing weapons into the capital.

The Justice Department also notes that roughly 84 people have been charged with entering the building with a dangerous or deadly weapon.

FBI testifies about search of defendant’s home – but evidence of a ‘death list’ won’t be heard at trial

Tuesday 4 October 2022 17:50 , Alex Woodward

In his testimony, FBI special agent Michael Palian shared details about the search of the home of Thomas Caldwell, one of the defendants and a retired US Navy lieutenant commander.

Agents recovered a receipt for a “double barrel pistol” that “is meant to be concealed and look like a cell phone instead of pistol,” according to Mr Palian.

Other evidence included a poster – signed by the Oath Keepers – of Donald Trump standing with an American flag.

But jurors did not see the “death list” found at Mr Caldwell’s Virginia home containing the names of two Georgia election workers – Ruby Freeman and her daughter Wandrea Moss – targeted by the former president and right-wing activists over baseless allegations of vote manipulation in the 2020 election.

Judge Amit Mehta determined in August that while the list is “fairly shocking,” it is also “highly prejudicial and highly inflammatory” and could pose a “real danger” of “inflaming the jury”.

Earlier this year, the election workers testified to the House select committee investigating the attack about the depth of the abuse they faced:

Election worker gives emotional testimony about threats by Trump supporters

Witness who took video evidence of Capitol attack does not want to testify

Tuesday 4 October 2022 18:46 , Alex Woodward

A man who filmed defendants before they entered the Capitol outside the building’s East Rotunda doors and published clips to YouTube wants to invoke his Fifth Amendment right instead of testifying.

Judge Mehta has asked attorneys for the defendants why they object to material. He told attorneys to review the videos over the lunch break.

The videos on Brian Lee’s Restoring Families Internet Network channel are still on YouTube.

ICYMI: The case against Stewart Rhodes

Tuesday 4 October 2022 19:16 , Alex Woodward

The Independent’s Richard Hall spoke with Stewart Rhodes in the aftermath of the 2020 presidential election.

Read his republished in-depth piece about the militia leader and insight from experts about the trajectory of far-right anti-government groups and threats posed by groups like the Oath Keepers.

How Oath Keepers leader Stewart Rhodes went from ballroom dancing to sedition charges

What makes an Oath Keeper an Oath Keeper?

Tuesday 4 October 2022 19:23 , Alex Woodward

David Fischer, an attorney for defendant Thomas Caldwell, pressed FBI special agent Michael Palian over whether Mr Caldwell was a “member” of the Oath Keepers.

Mr Fischer said his client never paid any membership fees.

“It costs zero dollars to join a gang,” Mr Palian fired back. “You can join a gang without paying anybody.”

FBI: Defendant made ‘violent statements about killing politicians’ leading to arrest

Tuesday 4 October 2022 20:18 , Alex Woodward

The attorney for defendant Thomas Caldwell has repeatedly suggested that he was wrongly targeted in connection with the Oath Keepers scheme. Mr Caldwell did not enter the Capitol on 6 January, attorneys and the FBI have clarified.

But his attorney also asked FBI agent Michael Palian how a warrant was obtained for Mr Caldwell’s home in Virginia.

Mr Palian said Mr Caldwell “talked about continuing operations and taking this to other states, raiding state Capitols” and made “a number of violent statements about killing politicians.”

Why the Insurrection Act keeps coming up with Oath Keepers defendants

Tuesday 4 October 2022 21:37 , Alex Woodward

An attorney for defendant Kelly Meggs asked FBI agent Michael Palian about messages Stewart Rhodes sent to the group about the Insurrection Act, which would allow the president to deploy military and National Guard to suppress civil unrest or insurrection.

One person asked whether Donald Trump invoking the act would protect militia members from “putting down leftists.”

Mr Rhodes replied: “Only if he calls us up as the militia.”

Prosecutors have previously pointed to a speech Mr Rhodes gave in December 2020 calling on Trump to invoke the Insurrection Act, saying that “If he does not do it now, while he is commander in chief, we are going to have to do it ourselves later in a much more desperate, much more bloody war.”

“According to Rhodes, using those words, the Insurrection Act, would give him and his followers plausible deniability,” assistant US attorney Jeffrey Nestler said on Monday.

“Rhodes said using those words would give them legal cover,” he said in his opening statement.

The trial will resume on Thursday

Tuesday 4 October 2022 22:44 , Alex Woodward

The jury has been sent home for the evening, and the trial will resume on Thursday, with a break tomorrow in observation of Yom Kippur. There will be a half day on Friday.

Attorney for defendant asks judge to discipline court after people laughed during testimony

Tuesday 4 October 2022 22:47 , Alex Woodward

David Fischer, who is representing defendant Thomas Caldwell, asked Judge Amit Mehta to admonish the court after people laughed during his cross-examination of FBI special agent Michael Palian.

The judge himself chuckled at the request.

“There were a few moments of levity during your cross-examination,” he added. “You’re not giving yourself enough comedic credit.”

Who is Stewart Rhodes?

Wednesday 5 October 2022 00:00 , Alex Woodward

A US Army veteran and Yale Law School graduate, Oath Keepers leader Stewart Rhodes cycled through various ideologies and conspiracy theories before he became obsessed with Donald Trump, The Independent’s Richard Hall writes.

He is charged with organising of the most serious attempts to overthrow the government in modern history.

How Oath Keepers leader Stewart Rhodes went from ballroom dancing to sedition charges

ICYMI: Federal prosecutors paint damning portrait of Oath Keepers plot for ‘armed rebellion' in opening statements

01:00 , Alex Woodward

Members of the far-right anti-government Oath Keepers grouo “did not go to the Capitol to defend or help,” according to assistant US Attorney Jeff Nestler. “They went to attack.”

Stewart Rhodes and the group “concocted a plan for an armed rebellion to shatter a bedrock of American democracy,” he said in his opening arguments in the group’s seditious conspiracy trial in Washington DC on Monday.

Oath Keepers planned ‘armed rebellion’ on Jan 6, according to federal prosecutors

Why the jury won’t see evidence of a ‘death list'

02:00 , Alex Woodward

In his testimony, FBI special agent Michael Palian shared details about the search of the home of Thomas Caldwell, one of the defendants and a retired US Navy lieutenant commander.

At his Virginia home, agents recovered what was titled a “death list” containing the names of two Georgia election workers – Ruby Freeman and her daughter Wandrea Moss – who were also targeted by the former president and right-wing activists over baseless allegations of vote manipulation in the 2020 election.

But the jury in the Oath Keepers seditious conspiracy trial will not be seeing that evidence.

Judge Amit Mehta determined in August that while the list is “fairly shocking,” it is also “highly prejudicial and highly inflammatory” and could pose a “real danger” of “inflaming the jury”.

In their testimony to the House select committee investigating the attack on the US Capitol, those same two election workers revealed the depth of abuse they endured, part of a wave of harassment and threats against people who help run the nation’s elections:

Testimony reveals ‘alarming’ trend of abuse targeting election workers

GOP senator claims January 6 wasn’t ‘armed insurrection’ but did ‘teach us how you can use a flag pole’

03:00 , Alex Woodward

During a Tuesday talk before the Milwaukee Rotary Club, Senator Ron Johnson of Wisconsin downplayed the extent of armed threats during the January 6 riots at the US Capitol, despite the numerous protesters who were found with guns and other weapons.

But, he added, “some of the protesters did teach us all how you can use flog poles, that kind of stuff, as weapons.”

Senator: Jan 6 wasn’t ‘armed insurrection’ but showed ‘how you can use a flag pole’

Secret recordings played at trial reveal Oath Keepers plans for a ‘fight’ in DC, trial hears

04:00 , Alex Woodward

A secretly recorded video of Oath Keepers leader Stewart Rhodes from November 2020 shows the group preparing for a “fight” in Washington DC, fuelled by baseless allegations that the presidential election was stolen from Donald Trump, according to federal prosecutors.

“We’re not getting out of this without a fight. There’s going to be a fight,” Mr Rhodes said in the video shown to the courtroom on 4 October.

“But let’s just do it smart and let’s do it while President Trump is still commander in chief,” he said.

“If the fight comes, let the fight come. Let antifa go, if they go kinetic on us, then we’ll go kinetic back on them. I’m willing to sacrifice myself for that. Let the fight start there. That would give Trump what he needs.”

He also told the group “don’t make it easy for them to pop you with a conspiracy charge.”

Federal prosecutors have hinged seditious conspiracy charges on arguments that the group plotted for weeks to forcefully disrupt the joint session of Congress on 6 January, 2021.

FBI allegedly ignored tip about Oath Keepers plans for armed fight

05:00 , Alex Woodward

FBI agent Michael Palian told the court on 3 October that the federal law enforcement agency received a tip in March 2021 about a potential armed fight in Washington DC.

A covertly recorded video shown to the court appars to show Oath Keepers leader Stewart Rhodes telling members of the group in November to pre

The “increasingly alarmed follower” shared it with law enforcement, federal prosecutor Jeffrey Nestler said on Monday.

But the tip, which was sent to federal agents on 25 November, 202, was apparently ignored – until it was sent a second time in March 2021, two months after the 6 January attack on the US Capitol.

“We’ve got to be in DC,” Mr Rhodes says in the video, according to court filings. “You’ve got to make sure that [Donald Trump] knows that you are willing to die, to fight for this country.”

Mr Rhodes had hoped that then-President Trump would invoke the Insurrection Act, activating military to combat unrest, presumably against his political enemies.

“If he does that, then DC gun laws won’t matter,” Mr Rhodes said. “I do want some Oath Keepers to stay on the outside and to stay fully armed and prepared to go in armed if they have to.”

What a former Oath Keeper told the Jan 6 committee this summer

06:00 , Alex Woodward

Jason Van Tatenhove, a former spokesman for the Oath Keepers, testitifed to the House select committee investigating the January 6 attack earlier this summer.

“We’ve gotten exceedingly lucky that more bloodshed did not happen, because the potential has been there from the start,” he said.

“I do fear for this next election cycle because who knows what that might bring if a president that’s willing to try to instill and encourage to whip up a civil war amongst his followers using lies and deceit and snake oil,” he added. “Regardless of the human impact.”

Ex-Oath Keeper gives Jan 6 committee sinister warning if Trump re-elected

Who are the defendants?

07:00 , Alex Woodward

Oath Keepers leader Stewart Rhodes and four other defendants face seditious conspiracy charges tied to the January 6 attack.

Thomas Caldwell, a retired US Navy lieutenant commander, has argued he was not a member of the group, though he hosted a meeting of Oath Keepers members at his home and helped plan a “quick reaction force” with a weapons and supply cache in Virginia before the Capitol attack, accordin to prosecutors.

Kelly Meggs, a leader of the group’s Florida chapter, allegedly spoke with Mr Rhodes moments before the group joined the mob entering the Capitol. Mr Meggs also allegedly asked the group “who is willing to die?” and said he planned a “killing spree” including Nancy Pelosi, prosecutors said.

Jessica Watkins of Ohio and Kenneth Harrelson, also of Florida, are also among the five defendants. Both are accused of helping organise and joining a military-like “stack” that entered the Capitol.

Oath Keepers lawyer had contact with Trump aide Andrew Giuliani ahead of Capitol riot, book claims

09:00 , Alex Woodward

The attorney for the Oath Keepers had contact with a White House aide in the weeks leading up to the January 6 attack.

Kelly SoRelle allegedly exchanged text messages with Andrew Giuliani, a Trump White House official, in the days between the November 2020 election and the pro-Trump riot on 6 January, 2021.

Ms SoRelle was also recently arrested and charged in connection with the attack.

Oath Keepers lawyer had contact with Trump White House aide Andrew Giuliani

The texts Stewart Rhodes sent the day Biden was declared the winner of the 2020 election

10:00 , Alex Woodward

Messages sent by Stewart Rhodes to members of the Oath Keepers and others are key to federal prosecutors arguments to the jury that the group spent weeks coordinating a plan to disrupt a joint session of Congress on 6 January, 2021.

On 7 November, 2020, when election analysts and media organisations declared Joe Biden the winner of the presidential election, Mr Rhodes texted two groups on the encrypted chat att Signal: “Old-Leadership” and “Friends of Stone,” a reference to Roger Stone, who was allegedly a member of the group.

“The final defense is us and our rifles,” Mr Rhodes told Friends of Stone. “Trump has a duty to stand, but so far, her [sic] hasn’t. As Roger Stone said.”

He added: “Trump has one last chance right now to stand. But he will need us and our rifles too. But will he finally act? … So will you step up and push Trump to FINALLY take decisive action? That’s what we must do now. And then if he still refuses to do his duty, we will still have to do ours. And we will.”

FBI: Defendant made ‘violent statements about killing politicians’ leading to arrest

11:00 , Alex Woodward

The attorney for defendant Thomas Caldwell has repeatedly suggested that he was wrongly targeted in connection with the Oath Keepers scheme. Mr Caldwell did not enter the Capitol on 6 January, attorneys and the FBI have clarified.

But his attorney also asked FBI agent Michael Palian on Tuesday how a warrant was obtained for Mr Caldwell’s home in Virginia.

Mr Palian said Mr Caldwell “talked about continuing operations and taking this to other states, raiding state Capitols” and made “a number of violent statements about killing politicians.”

Why the Oath Keepers wanted Trump to invoked the Insurrection Act

12:00 , Alex Woodward

An attorney for defendant Kelly Meggs asked FBI agent Michael Palian about messages Stewart Rhodes sent to the group about the Insurrection Act, which would allow the president to deploy military and National Guard to suppress civil unrest or insurrection.

One person asked whether Donald Trump invoking the act would protect militia members from “putting down leftists.”

Mr Rhodes replied: “Only if he calls us up as the militia.”

Federal prosecutors have previously pointed to a speech Mr Rhodes gave in December 2020 calling on Trump to invoke the Insurrection Act.

“If he does not do it now, while he is commander in chief, we are going to have to do it ourselves later in a much more desperate, much more bloody war,” Mr Rhodes allegedly said at the time.

“According to Rhodes, using those words, the Insurrection Act, would give him and his followers plausible deniability,” assistant US attorney Jeffrey Nestler said on Monday.

“Rhodes said using those words would give them legal cover,” he said in his opening statement.

What is seditious conspiracy?

13:00 , Alex Woodward

More than 800 people have been arrested in connection with the Capitol attack.

But the indictment of Stewart Rhodes and his alleged co-conspirators charges them under a rarely used provision of law regarding treason against the US.

The provision details “Seditious Conspiracy” – committed when “two or more persons” conspire to “overthrow, put down, or to destroy by force the Government of the United States,” “prevent, hinder, or delay the execution of any law of the United States” by force, or “seize, take, or possess any property of the United States contrary to the authority thereof”.

The Independent’s Andrew Feinberg explains:

What is seditious conspiracy and why is it a big deal?

14:20 , Alex Woodward

The trial will resume on Thursday.

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