Stewart Rhodes, founder of the extremist group known as the Oath Keepers speaks during a rally outside the White House in Washington, D.C., in 2017.: Susan Walsh/AP

Staff Report –

WASHINGTON, D.C. — Oath Keepers extremist group founder and leader Stewart Rhodes, 56, was indicted by a federal grand jury on Wednesday and charged with seditious conspiracy — the toughest charge to date in the ongoing investigation — along with 10 of his cohorts involved in planning for insurrection on Jan. 6, 2021 at the U.S. Capitol.

Rhodes was at the Capitol that day but claims he did not enter the building. Most of those charged for the first time with a conspiracy to commit sedition had previously been arrested, except for Edward Vallejo, 63, of Phoenix. Officials with the U.S. Department of Justice said Rhodes was arrested in Little Elm, Tex., and Vallejo was taken into custody in Phoenix.

According to court documents, Elmer Stewart Rhodes III, 56, of Granbury, Texas, who is the founder and leader of the Oath Keepers, led a planned conspiracy to use Trump’s “Stop the Steal” rally in Washington to carry out sedition against the United States government, conduct and speech inciting people to rebel against the authority of the state. The plan was to prevent a peaceful transfer of power by stopping Congress from certifying the Electoral College votes showing Joe Biden won the presidency by millions of votes.

Biden received 81,283,098 votes, 51.3 percent of the votes cast, to Trump’s 74,222,958 votes, or 46.8 percent of the votes cast.

Also charged in the same conspiracy were Thomas Caldwell, 67, of Berryville, Virginia; Joseph Hackett, 51, of Sarasota, Florida; Kenneth Harrelson, 41, of Titusville, Florida; Joshua James, 34, of Arab, Alabama; Kelly Meggs, 52, of Dunnellon, Florida; Roberto Minuta, 37, of Prosper, Texas; David Moerschel, 44, of Punta Gorda, Florida; Brian Ulrich, 44, of Guyton, Georgia and Jessica Watkins, 39, of Woodstock, Ohio.

In addition to the earlier charges filed against them, they now face additional counts for seditious conspiracy.

Eight other individuals affiliated with the Oath Keepers, all previously charged in the investigation, remain as defendants in two related cases. All defendants – except Rhodes and Vallejo – previously were charged in a superseding indictment, now effectively split into three parts: the 11-defendant seditious conspiracy case, a seven-defendant original case, and a third case against one of the previously charged defendants.

In one of the related cases, the original superseding indictment, charges remain pending against James Beeks, 49, of Orlando, Florida; Donovan Crowl, 51, of Cable, Ohio; William Isaacs, 22, of Kissimmee, Florida; Connie Meggs, 60, of Dunnellon, Florida; Sandra Parker, 63, of Morrow, Ohio; Bernie Parker, 71, of Morrow, Ohio, and Laura Steele, 53, of Thomasville, North Carolina. The other case charges Jonathan Walden, 57, of Birmingham, Alabama.

The three indictments collectively charge all 19 defendants with corruptly obstructing an official proceeding. Eighteen of the 19 defendants – the exception is Walden – are charged with conspiring to obstruct an official proceeding and conspiring to prevent an officer of the United States from discharging a duty. Eleven of the 19 defendants are charged with seditious conspiracy. Some of the defendants are also facing other related charges.

Members and affiliates of the Oath Keepers were among the individuals and groups who forcibly entered the Capitol on Jan. 6, 2021. As alleged in the indictments, the Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with anti-government militia groups. Though the Oath Keepers will accept anyone as members, they explicitly focus on recruiting current and former military, law enforcement and first-responder personnel.

The seditious conspiracy indictment alleges that, following the Nov. 3, 2020, presidential election, Rhodes conspired with his co-defendants and others to oppose by force the execution of the laws governing the transfer of presidential power by Jan. 20, 2021.

Beginning in late December 2020, via encrypted and private communications applications, Rhodes and various co-conspirators coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote, the indictment alleges. Rhodes and several co-conspirators made plans to bring weapons to the area to support the operation.

The co-conspirators then traveled across the country to the Washington, D.C., metropolitan area in early January 2021.

According to the seditious conspiracy indictment, the defendants conspired through a variety of manners and means, including organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.. They were involved in recruiting members and affiliates to participate in the conspiracy, organizing trainings to teach and learn paramilitary combat tactics and bringing and contributing paramilitary gear, weapons and supplies – including knives, batons, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection and radio equipment – to the Capitol grounds.

They breached the grounds and the building and attempting to take control of the Capitol on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote. They used force against law enforcement officers while inside the Capitol on Jan. 6, 2021.

Continuing to plot, after Jan. 6, 2021, they continued to oppose by force the lawful transfer of presidential power. They used websites, social media, text messaging and encrypted messaging applications to communicate with co-conspirators.

On Jan. 6, 2021, a large crowd began to gather outside the Capitol perimeter as the Joint Session of Congress got under way at 1 p.m., according to the facts set out in the indictment. Crowd members eventually forced their way through, up and over U.S. Capitol Police barricades and advanced to the building’s exterior façade.

Shortly after 2 p.m., crowd members forced entry into the Capitol by breaking windows, ramming open doors, and assaulting Capitol police and other law enforcement officers. At about this time Rhodes entered the restricted area of the Capitol grounds and directed his followers to meet him at the Capitol.

At approximately 2:30 p.m., Hackett, Harrelson, Meggs, Moerschel and Watkins, and other Oath Keepers and affiliates — many wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia — marched in a “stack” formation up the east steps of the Capitol, joined a mob, and made their way into the Capitol. Later, another group of Oath Keepers and associates, including James, Minuta, and Ulrich, formed a second “stack” and breached the Capitol grounds, marching from the west side to the east side of the Capitol building and up the east stairs and into the building.

While certain Oath Keepers members and affiliates breached the Capitol grounds and building, others remained stationed just outside of the city in quick reaction force (QRF) teams. According to the indictment, the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power. The indictment alleges that the teams were coordinated, in part, by Caldwell and Vallejo.

The charge of seditious conspiracy carries a statutory maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by U.S. Attorney’s Offices in the Northern District of Texas and the District of Arizona.

The case is being investigated by the FBI’s Washington Field Office with valuable assistance provided by the FBI’s Dallas and Phoenix Field Offices. These charges are the result of significant cooperation between agents and staff across numerous FBI Field Offices, including those in Florida, North Carolina, Ohio, Texas, Arizona, Alabama and Georgia, among other locations.

In the one year since Jan. 6, more than 725 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 225 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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