Judge mulls release for militia leader facing sedition charges in Jan. 6 attack
A yearlong delay in charging Oath Keepers founder may have hurt the case for keeping him in jail.
By JOSH GERSTEIN and KYLE CHENEY
01/24/2022 07:35 AM EST
Updated: 01/24/2022 06:23 PM EST
PLANO, Texas — A federal magistrate judge sounded open Monday to releasing the citizen militia leader prosecutors say masterminded a conspiracy to take over the Capitol on Jan. 6, 2021, with the intention of keeping then-President Donald Trump in power.
During a bail hearing here for Oath Keepers founder Stewart Rhodes, Assistant U.S. Attorney Kathryn Rakoczy said the seditious conspiracy Rhodes is accused of threatened the U.S. political system by seeking to block the peaceful transfer of presidential power.
“It is difficult to imagine a graver risk to the society that we live in,” Rakoczy said as Rhodes looked on in a black-and-gray striped jail jumpsuit with his hands cuffed in front of him.
“Mr. Rhodes coordinated, offered to fund and facilitated the attack on the Capitol,” she said.
The conspiracy alleged against Rhodes and ten other Oath Keepers is the most complex and momentous case yet against the more than 725 people charged so far in connection with the Jan. 6 insurrection. Prosecutors have also arrested more than two dozen members of the right-wing extremist Proud Boys, alleging they conspired to obstruct the transfer of power. Several leaders of both groups have been held in jail pending trial.
However, defense attorneys argued that by waiting a year to charge and arrest Rhodes, prosecutors and investigators undercut their claims that the public would face “immense” danger if he remained free pending trial.
“Saying he’s a danger now is disingenuous…Why did they wait?” defense lawyer Phillip Linder asked during the hour-and-45-minute hearing. “To me, that speaks volumes.”
U.S. Magistrate Judge Kimberly Priest Johnson issued no immediate ruling, but engaged in an extended discussion with defense attorneys about potential custodians who could supervise Rhodes if he is released. She also said she didn’t see much to prosecutors’ argument that he poses a risk of not appearing for trial.
“In the last year, there doesn’t seem to be any evidence—at least that was presented here today—to support that he’s a continued danger of a flight risk,” Johnson said.
Defense attorneys told reporters after the court hearing that it was almost comical to think that Rhodes, who wears an eye patch on his left eye due to a gun accident three decades ago, could slip away.
“You’ve seen what the guy looks like?” lawyer James Lee Bright said.
Whatever Johnson decides regarding Rhodes’ pretrial detention is almost certain not to be the final word on the issue. Both sides have said they will appeal if she loses.
Linder said during his presentation that Rhodes’ Jan. 13 arrest at a friend’s home in Little Elm, Texas, scuttled plans for the Oath Keepers leader to testify to the House committee probing the Capitol riot and President Donald Trump’s efforts to cling to power.
“He was actively cooperating,” Linder said. “They thwarted that. There are people in D.C. who are not very happy with this indictment.”
Rakoczy also asked Johnson to grant a stay of any release order she might issue. Such a stay, which the magistrate said she would grant, would keep Rhodes behind bars while prosecutors to appeal to the Washington-based judge assigned to his case, U.S. District Judge Amit Mehta.
https://www.politico.com/news/2022/01/24/oath-keepers-founder-insurrection-sedition-charges-00000977