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CHAPTER 6
- Indictment at ¶¶ 67, 68, United States v. Rhodes, III, et al., No. 22-cr-15 (D.D.C. June 22, 2022), ECF No. 167.
- See Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Elmer Stewart Rhodes, (Feb. 22, 2022), pp. 132,134; Stewart Rhodes and Kellye SoRelle, “Open Letter to President Trump: You Must Use the Insurrection Act to ‘Stop the Steal’ and Defeat the Coup,” Oathkeepers.org, (Dec. 14, 2020), available at https://web.archive.org/web/20210123133022/https:/oathkeepers.org/2020/12/open-letter-topresident-trump-you-must-use-insurrection-act-to-stop-the-steal-and-defeat-the-coup/ (archived). Jason Van Tatenhove, the former spokesman of the Oath Keepers described how he suspected that Rhodes saw the Insurrection Act as a blank check: “He could pretty much do whatever he wanted, and [President Trump] could install Stewart and the Oath Keepers as some sort of security force that would bring them real legitimacy and political power.” Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Jason Van Tatenhove, (Mar. 9, 2022), p. 73.
- Third Superseding Indictment at ¶ 37, United States v. Crowl et al., No. 1:21-cr-28 (D.D.C., Mar. 31, 2021), ECF No. 127.
- Third Superseding Indictment at ¶ 95-99, United States v. Crowl et al., No. 1:21-cr-28 (D.D.C., Mar. 31, 2021), ECF No. 127.
- Trial Transcript at 10502-508, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Nov. 29, 2022); Alan Feuer and Zach Montague, “Oath Keepers Leader Convicted of Sedition in Landmark Jan. 6 Case,” New York Times, (Nov. 29, 2022), available at https://www.nytimes.com/2022/11/29/us/politics/oath-keepers-trial-verdict-jan-6.html.
- 18 U.S.C. § 2384.
- For example, one Proud Boy, Jeremy Bertino, pleaded guilty to “seditious conspiracy” and other crimes in October 2022. Bertino admitted to authorities that the Proud Boys traveled to Washington on January 6, 2021, “to stop the certification of the Electoral College Vote.” They “were willing to do whatever it would take, including using force against police and others, to achieve that objective.” See “Former Leader of Proud Boys Pleads Guilty to Seditious Conspiracy for Efforts to Stop Transfer of Power Following 2020 Presidential Election,” Department of Justice, (Oct. 6, 2022), available at https://www.justice.gov/opa/pr/former-leader-proud-boys-pleads-guilty-seditious-conspiracy-efforts-stop-transfer-power.
- Criminal Complaint at 10-11, United States v. Hazard, No. 1:21-mj-868 (D.D.C. Dec. 7, 2021), ECF No. 1.
- See, e.g., Indictment at ¶¶ 34-37, United States v. Hostetter et al., No. 1:21-cr-392 (D.D.C. June 9, 2021), ECF No. 1.
- Malachi Barrett, “Far-Right Activist Who Encouraged U.S. Capitol Occupation Also Organized ‘Stop the Steal’ Rally in Michigan,” Mlive, (Jan. 7, 2021), available at https://www.mlive.com/politics/2021/01/far-right-activist-who-encouraged-us-capitol-occupation-also-organizedstop-the-steal-rally-in-michigan.html.
- Nicholas J. Fuentes (@NickJFuentes), Twitter, Jan. 7, 2021 10:56 p.m. ET, available at https://web.archive.org/web/20210107185745/https://twitter.com/NickJFuentes/status/1347255833516765185 (archived).
- Ken Dilanian and Ben Collins, “There Are Hundreds of Posts About Plans to Attack the Capitol. Why Hasn’t This Evidence Been Used in Court?,” NBC News, (Apr. 20, 2021), available at https://www.nbcnews.com/politics/justice-department/we-found-hundreds-postsabout-plans-attack-capitol-why-aren-n1264291.
- Statement of Mike Rothschild, (Mar. 23, 2022), at pp. 3-6.
- See, “NCRI Assessment of The Capitol Riots,” Rutgers Miller Center for Community Protection and Resilience,” Network Contagion Research Institute, (Jan. 9, 2021) available at https://millercenter.rutgers.edu/wp-content/uploads/2021/01/NCRI-Assessment-of-theCapitol-Riots-1.pdf.
