Scott MacFarlane Profile picture
May 25, 2023 88 tweets 9 min read Read on X
STANDBY: I'm in the courthouse for sentencing this morning of OathKeepers founder Stewart Rhodes

We *do* expect Rhodes to speak on his own behalf in requesting leniency

Question is: Will he help or hurt his cause? Image
This is a modern-day sentencing for sedition against America.

There's little, if any, comparison to what's about to unfold

Feds will seek 25-years in prison for Rhodes

Rhodes will ask..... for "time served"
Rhodes's co-defendant Kelly Meggs will be sentenced by same judge this afternoon

The judge in this case is Amit Mehta
Unlike some prior Jan 6 sentencing hearings, the court has established a media room with a live closed-circuit feed of proceedings.

We'll be able to update developments and action in real time

(But as a reminder: Federal court hearings are NOT viewable outside courthouse)
Rhodes won’t be walking into the courthouse main entrance. He’s been jailed for months. He was jailed pretrial. And he was jailed after conviction, ahead of sentencing.
Judges often credit defendants who demonstrate remorse at sentencing

But some defendants only show remorse about how Jan 6 impacted *themselves*

Yesterday, at sentencing of Richard Barnett, judge slammed Barnett for not mentioning police victims or impact of Jan 6 on democracy
Stewart Rhodes has arrived in courtroom. In orange jail jump suit.

He'll sit to the judge's left at defense table
We are underway. This proceedings will likely begin with a back-and-forth over sentencing guidelines and "enhancements"

(You might recall: The court already heard victim impact statements yesterday)
Prosecutor argues it's clear "Rhodes was the leader of this conspiracy"

In seeking a sentencing enhancement, she refers to Rhodes as "Somebody who orchestrates and participates in a seditious conspiracy.. to use force to block the transfer of power.." Including by staging guns
Prosecutor says there was a "strict chain of command" ... in which OathKeepers reported up to Stewart Rhodes

Justice Dept is seeking a "leadership enhancement" in Rhodes's sentence
This hearing is happening inside courtroom 10 on 4th floor of DC federal courthouse. It’s roughly the size of a middle school cafeteria. Rhodes is joined by four attorneys at defense table. Every seat in courtroom is filled. Including with leader of nightly Jan 6 jail protest
A pair of US Marshals are seated behind Rhodes. There’s also added security inside and outside the courtroom door
Prosecutor is now urging for a "terrorism" enhancement against Rhodes
Prosecutor argues a 25-year prison sentence is justified and consistent with sentencing guidelines
Defense makes lengthy argument Rhodes was not a Jan 6 leader
:
Defense "If Rhodes wanted to stop the certification of the election *illegally*..why would there be guns *outside* the city limits?"

"If he really wanted to do this, Rhodes could've brought 100s of OathKeepers"
Defense makes reference to a "rag tag" group of OathKeepers at Capitol on Jan 6.

Defense is arguing that Rhodes could've amassed large group of OathKeepers if he were in fact planning to illegally block transfer of power on Jan 6
Defense about OathKeepers on Jan 6: They didn't break doors ... didn't break things... didn't assault police
Defense: "J6 wasn't a thing until Trump made his infamous tweet" on Dec 19, 2020
Defense: Rhodes "was not a general on the battlefield directing his troops"

Defense says Rhodes was "aghast" at what happened on Jan 6
We're nearing the end of a 15-minute break in this hearing. We're told Rhodes *is* expected to speak on his own behalf here today

He's been taking notes intermittently during the first set of arguments
Judge is gonna rule on some of the sentencing enhancements

Judge begins by saying OathKeepers "discussed in advance the need to use force" .. "it was clearly foreseeable to Mr. Rhodes that if he brought his people to the Capitol.. they would've gone in"
Judge: "OathKeepers wouldn't have been there if not for Stewart Rhodes"
Judge about Rhodes: "He clearly had no regret for what happened that day"
Judge is detailing scope & size of the "planning" ahead of Jan 6

Weapons, hotel bookings, preparations to enter the building

Judge references the "stack" used to breach police line

Judge is making series of statements supporting sentencing arguments made so far by Justice Dept Image
Judge Amit Mehta has emphasized, multiple times, that OathKeepers wouldn't have been part of Jan 6 attack.... "if not for Mr. Rhodes"
Judge is ruling in favor of series of Justice Dept enhancement requests.

This hearing is going south for Rhodes
Judge REJECTS request by defense to lower sentencing based on "acceptance of responsibility"

Judge says Rhodes went to trial and has made post-trial statements that do NOT demonstrate "acceptance of responsibility"
Judge says a terrorism enhancement would be appropriate in Rhodes's case.

(Rhodes is jotting notes.. and judge reads off some of his findings)
Per what Judge Mehta has just said: Sentencing guidelines range for Rhodes is roughly 21-27 years

Here comes the Justice Dept to make its argument for 25 years.. standby
Prosecutor just now: "Rhodes orchestrated this conspiracy, inspiring 30 American citizens to participate in this conspiracy"

"To oppose the election results from becoming final"

"Who knows how many other Jan 6 defendants were inspired by Mr Rhodes"
Prosecutor says Rhodes attempted to "radicalize" others.

"He doggedly... drilled into his followers the lie of election fraud"
Prosecutor: "No American citizen gets to oppose by force.. the law"

"That's vigilante-ism"
Prosecutor: "He continues to advocate for political violence"... from the jail
Prosecutor: "Just four days ago" Rhodes called into the DC jail protest.. "and warned those in attendance.. they're going to keep coming after those on the right"
Prosecutor: Rhodes said "It's going to take regime change" while speaking (via jailhouse phone) to the nightly Jan 6 protest at DC jail
Prosecutor: "The court should and must impose a sentence of 25 years"

She spoke briefly and succinctly.

Defense is up next
Defense attorney begins: Jan 6 was a "serious event".. "however the government wants you to sentence Mr. Rhodes out of fear.. they want to make Rhodes the face of J6"
Defense: "He didn't plan J6"

"Rhodes did not *cause* this"
Defense: "Who got the million maga rally started... who got the stop the steal rally started.. who got J6 started"

"It wasn't Mr. Rhodes" Defense says Rhodes was a participant, not the organizer
Defense: "Had Mr. Rhodes NOT showed up in DC, J6 would've still happened"
Defense: "If you want to put a face on J6, put it on Trump..... right wing media...."
Defense says Rhodes has no criminal history, didn't go into Capitol, didn't assault anyone
Defense: "Had Rhodes not been there, it would've happened anyway"

"He's got no criminal history.... notable community service.. I would ask for a much lower sentence.. less than 60 months"
Defense closes... telling judge "Not to sentence Rhodes out fear"

"We might not like the rhetoric.. but he's not the one who started that rhetoric that got people revved up. That started somewhere else"
Stewart Rhodes speaks now

"I'm a politcal prisoner."
Rhodes blames the radical left of trying to shut down Trump and others
Stewart Rhodes is beginning his remarks with talk of Antifa
Rhodes: We protect people outside of Trump rallies.. against Antifa

Then accuses Antifa of targeting "unarmed victims"
Rhodes accuses "the left" of "repeated violence"
Rhodes has launched into highly-charged, vitriolic politically-edged arguments. Accusing "the left" of targeting Trump and Trump supporters

Then he criticizes Proud Boys for "seeking fights"... saying OathKeepers are "quiet professionals"
Rhodes: "Antifa will throw bleach, urine and other substances you don't want in your eyes"

"Antifa will stab people"

He's arguing the OathKeepers wore "garb" on Jan 6 to defend themselves
Judge is sitting expression-less on the bench... as Rhodes unleashes these remarks about Antifa and the targeting of Trump supporters

He wrote these remarks down. He appears to be reading them off paper
Rhodes: "I want to make it very clear to the public... no OathKeeper took part in any of the fighting....." on Jan 6
Rhodes says he's got a "lot of police" in the OathKeepers...
Rhodes says, "I feel like I'm the lead character in Kafka's 'The Trial"
Rhodes alludes to efforts to "smear the MAGA movement"
Rhodes says the "media focused on the OathKeepers" .. "the OathKeepers and the Proud Boys.. the two groups the Left hates the most. Because we stop their violence in the street. And they don't like that"

Judge asks Rhodes to "wrap up"
Rhodes: "I always focused on what President Trump could do as the President to invoke the Insurrection Act"
Stewart Rhodes just now: "I believe this country is incredibly divided.. and this prosecution.. is making it worse"
Rhodes: "I cannot ignore the text of the Constitution. They have created a Constitutional crisis"

"Characterizing all Trump supporters as terrorists, racists and fools.. does not help"
Judge Amit Mehta orders brief break. Then will return with his sentence

Staggering and volatile remarks by Stewart Rhodes.

I can't imagine he strategically tailored those words for Judge Mehta.
Judges have been consistent at Jan 6 sentencing hearings

Remorse matters
Words matter
Self-awareness matters

Rhodes just unleashed a politically-charged defense of the OathKeepers, himself & MAGA. There was no theme of remorse in his remarks, which he had months to prepare
Judge Amit Mehta returns to the bench. He'll begin to issue sentence against Stewart Rhodes

He begins by re-stating sentence guidelines in the case

(My *rough* math: Approx. 21-27 years)
Judge: "Mr. Rhodes you were convicted of seditious conspiracy. You're a lawyer. You understand what that means"
Judge discusses history of seditious conspiracy, dating back to Civil War era

"A seditious conspiracy... is among the most serious crimes an individual American can commit. It's an offense against the government, to use force. It's an offense against the people of the country"
Judge: "And what was the motive? You didn't like the new guy" (referencing President Biden)
Judge: "What we cannot have is a group of citizens... who because they didn't like the outcome of the election... are then prepared to take up arms to foment a revolution. That's what you did."
Judge Mehta: "You are NOT a political prisoner, Mr. Rhodes"
Judge: "Twelve jurors in the District of Columbia... convicted you of sedition. That was a jury of your peers. Make no mistake about it"
!!!! Judge: "We all now hold our collective breaths with an election approaching. Will we have another January 6th? That remains to be seen."
Judge has just raised the fear felt by some number of Americans about the outlook for the aftermath of the 2024 election
Judge discusses Rhodes, 58, personal and professional background. Including Rhodes military service and his law degree from Yale. And his court clerkship, legal work... and his founding of the OathKeepers

Judge says military service is "obviously a positive attribute"
Judge: "It's really not my job to pass judgment on the (OathKeepers) organization. It's my job to pass judgment on Mr. Rhodes"

Judge blasts Rhodes for turning "positive attributes" against the country
!! Judge says: "You still present an ongoing threat and a peril to this country"
Judge says dozens came to Washington, some with weapons... to "fight in the streets" because of Rhodes

"It happens only because of you Mr. Rhodes"
Judge emphasizes that those who were called to Washington by Rhodes "bear responsibility for their actions"... but he says they were also "victims" of lies and propaganda
Judge talks about Rhodes "celebrating" in the aftermath of Jan 6. "It doesn't sound like you were just there for a security detail"

"Even as you've been incarcerated, you've alluded to violence as acceptable.. to address grievances"
I've heard Judge Mehta issue other Jan 6 sentences. This is next-level

*Particularly* stirring, sobering and more stern than any I've heard before. (in any jan 6 case)
Rhodes is seated slumped down (a bit) in his chair, occasionally taking notes.... as Judge Mehta unloads this scathing criticism
This. Is. Withering.
Judge: "From what I'm hearing, when you find yourself in a bad place.... the rest of us are too. We're all the objects of your plans to.. and willingness to.. engage in violence. We just cannot have that in this country. And people need to understand that"
FLASH: Judge sentences Stewart Rhodes to 18 years in prison in seditious conspiracy case
The sentence was "216 months in prison" with 3-years supervision after prison.

Quite possible his estimated release date could reach near the 2040s
The judge not only blasted Rhodes for his role in a historic American horror, but he also expressed a fear about what happens next .. after 2024 election

A sobering and visceral moment in the courthouse
I just spoke with Rhodes’s defense team. They said they were surprised by the *leniency* of the sentence … after hearing the judge’s scathing words about Rhodes today
Rhodes’s Defense attorney told us: “I think we worked our asses off. We gave a year and a half of our lives to this”
Rhodes defense lawyer, outside courthouse, told us, “Rhodes is not going to be quiet. If he’s got an opinion, he’s gonna get it out there”
Yes … defense says Rhodes is going to be appealing case.

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