WASHINGTON -- Wednesday's federal judge expressed doubts about the release of the founder of Oath Keepers, a right-wing organization, ahead of his trial for seditious conspiracy in connection to the Jan. 6 riot. 6 Riot, as prosecutors presented new evidence regarding the plot and its ramifications beyond the U.S. Capitol Attack.
Elmer Stewart Rhodes III, along with other Oath Keepers, was arrested in January. They were charged in a seditious conspiracies case in which they are accused of "planning to stop the lawful transfer presidential power" and keeping former President Donald Trump in his office.
According to the feds, Rhodes was present at the Capitol Jan. 6, and had helped organize " quick response forces" QRFs. This included at a Virginia hotel.
The Texas federal magistrate judge ordered Rhodes to be held until his trial. His attorneys appealed. Rhodes has testified at the House investigation into the Jan. 6 attack since his initial detention hearing.
On Wednesday, federal authorities presented their arguments before Judge Amit Pahta that no conditions of release were reasonable to ensure the safety of the community or Rhodes' future court appearances.
Kathryn Rakoczy, Assistant U.S. attorney, revealed that Rhodes had written in a group chat that Jan. 6 could be the "final nail" in America's coffin.
Trump must understand that even if he doesn't act, we will. According to Rhodes, he must understand that there is no other choice." "With Trump (preferably), or without him, there is no other choice."
Rakoczy claimed that the plot against President Joe Biden's transfer of power went back to Jan. 6.
Rakoczy claims that Rhodes wrote Jan. 12 that Trump would not invoke the Insurrection Act of 1807 to call up the military. This was contrary to what former President George H.W. Bush did the same during the 1992 L.A. Riots.
Rhodes wrote "I hope and pray that I am wrong", but Oath Keepers should be prepared to "walk in the founders' footsteps," as the government claimed.
Mehta inquired James Bright, Rhodes' lawyer, why they needed "QRFs". Bright replied that they believed they could use the weapons under Trump's authority to fight groups like Antifa and Black Lives Matter.
Bright stated that there was no conspiracy to overthrow government, but admitted that there was "bombastic language" involved.
Prosecutors support this argument. "Rhodes led a conspiracy against by force the execution laws governing presidential power transfer in the United States," prosecutors wrote. Rhodes was at the heart of the seditious plot. He planned to use force, recruit and finance co-conspirators and purchase weaponry and tactical equipment, encouraging support and action, as well as trying to hide his and the crimes of other conspirators.
In court filings, Rhodes' lawyers argued that the QRFs weren't an offensive force and that the government had "misled the court by painting the QRF in an offensive force whose purpose it was to prevent the Presidential Certification by Congress through Armed Action." They also claimed that the QRFs only remained on standby for Trump in the event that he invoked the Insurrection act.
He was ready to follow the President's order invoking Insurrection Action when he believed it would. His attorneys wrote that he did nothing when the invocation failed to come.
Wednesday's question by Mehta was whether the president could call upon a private militia to act, since they were not a state militia.
Although Rhodes was not released from pretrial custody, the judge wanted third-party custodians interviewed by D.C. pretrial services to determine if Rhodes could stay in their California home until his trial.
In connection with the Jan. 6th attack, more than 725 people were arrested by the FBI. New cases have not been filed since Wednesday. More than 2,500 could be arrested for illegally entering the U.S. Capitol.
