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Opening statements kick off trial of five members of Oath Keepers

Oct 04, 2022

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After jury selection last week, opening statements in the trial of five members of the Oath Keepers extremist group got underway Monday. The five, which includes founder, Stewart Rhodes are charged with seditious conspiracy. They are the most serious of the charges to come out of the Jan. 6 capitol riots to date.

During opening statements, prosecutors argued the Oath Keepers planned an armed rebellion to keep former President Donald Trump in power. Prosecutors charged the group’s efforts continued even after the 2020 presidential election was certified in favor of President Joe Biden.

“Their goal was to stop, by whatever means necessary, the lawful transfer of presidential power, including by taking up arms against the United States government,” the prosecutor said. “They concocted a plan for armed rebellion to shatter a bedrock of American democracy.”

The defense accused the prosecution of cherry-picking comments from messages and videos. Lawyers for the Oath Keepers argued the government had no evidence there was any plan to attack the capitol.

“Stewart Rhodes meant no harm to the Capitol that day. Stewart Rhodes did not have any violent intent that day,” Rhodes’s attorney, Phillip Linder, said. “The story the government is trying to tell you today is completely wrong.”

As the trial continues with questioning this week, many are expected to keep a close eye on it. The potential ramifications of the verdict could be significant for either side of the aisle.

“I think if the government wins, it’s going to put a lot of pressure on Republicans. Because there are Republicans, you know, both at the state and national levels who are actual Oath Keepers. And if they’re not actual Oath Keepers, they’ve been very supportive of Oath Keepers,” Alan Rozenshtein, an associate professor of law at the University of Minnesota, said Monday. “It’s one thing to be supportive of the Oath Keepers, it’s another thing to be supportive of them when a jury has found them guilty of seditious conspiracy.”

However, Rozenshtein also noted an aggressive prosecution could backfire on the government if the Oath Keepers are found not guilty.

“If the government loses this case, especially with a D.C. jury, that is going to be very embarrassing,” Rozenshtein said. “It’s going to give more ammunition to the Tucker Carlsons of the world that this is all government overreach and that they’re trying to take what was a peaceful rally that got a little bit out of hand and the jackbooted, deep state, black helicopter thugs are coming in to steal your rights.”

The Associated Press contributed to this report.

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AFTER JURY SELECTION LAST WEEK — OPENING STATEMENTS IN THE TRIAL OF FIVE MEMBERS OF THE OATH KEEPERS EXTREMIST GROUP GOT UNDERWAY MONDAY.
THE FIVE ARE CHARGED WITH SEDITIOUS CONSPIRACY — THE MOST SERIOUS OF THE CHARGES TO COME OUT OF THE JANUARY 6TH CAPITOL RIOTS.
ON MONDAY — PROSECUTORS ARGUED THE MEMBERS PLANNED AN ARMED REBELLION TO KEEP FORMER PRESIDENT TRUMP IN POWER — WITH THEIR EFFORTS CONTINUING EVEN AFTER THE 20-20 ELECTION WAS CERTIFIED IN FAVOR OF PRESIDENT BIDEN.
THE DEFENSE ACCUSED THE PROSECUTION OF CHERRY-PICKING COMMENTS FROM MESSAGES AND VIDEOS — SAYING THE GOVERNMENT HAS NO EVIDENCE THERE WAS ANY PLAN TO ATTACK THE CAPITOL.
AS THE TRIAL CONTINUES — MANY ARE EXPECTED TO KEEP A CLOSE EYE ON IT.
THE POTENTIAL RAMIFICATIONS OF THE VERDICT — SIGNIFICANT FOR BOTH SIDES OF THE AISLE.
ALAN ROZENSHTEIN | ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF MINNESOTA: “I think if the government wins, it’s going to put a lot of pressure on Republicans. Because there are Republicans, you know, both at the state and national levels who are actual Oath Keepers. And if they’re not actual Oath Keepers, they’ve been very supportive of Oath Keepers. Now, it’s one thing to be supportive of the Oath Keepers, it’s another thing to be supportive of them when a jury has found them guilty of seditious conspiracy. On the other hand, if the government loses this case, especially with a D.C. jury, that is going to be very embarrassing and it’s going to give more ammunition to the Tucker Carlsons of the world that this is all government overreach and that they’re trying to take what was a peaceful rally that got a little bit out of hand and the jackbooted, deep state, black helicopter thugs are coming in to steal your rights.”