Clockwise from top left: Joseph Hackett, Roberto Minuta, Edward Vallejo and David Moerschel: Pinellas County Sheriff, US Department of Justice, Homefront Battle Buddies

By Glynn Wilson –

WASHINGTON, D.C. — Four more members of the far-right Oath Keepers militia found themselves being declared guilty of seditious conspiracy on Monday by a D.C. jury for their roles in trying to halt the peaceful transfer of power in the United States for the first time, and prevent the rightful winner Joe Biden from assuming office over Donald Trump.

The group’s leader Stewart Rhodes was convicted of the same offense in a separate trial in November. That Federal District Court jury also found the four defendants guilty of two separate conspiracy charges.

The defendants in this case, including Roberto Minuta, Joseph Hackett, David Moerschel and Edward Vallejo, were originally charged along with Rhodes and other members, but their trial was separated by the judge, Amit P. Mehta, citing space constraints in the courtroom.

This jury returned the guilty verdict after about 15 hours of deliberations after three days, while a parallel sedition trial for members of the Proud Boys continued to play out in the same courthouse. The Proud Boys is another far-right militia group that joined the mob at the Capitol on Jan. 6, 2021.

The earlier trial of members of the Oath Keepers resulted in a more mixed outcome with two of five defendants found guilty of seditious conspiracy, the most serious charge. Rhodes and longtime ally, Kelly Meggs were found guilty, but not of all charges. The first jury acquitted Rhodes of two separate conspiracy charges.

Federal prosecutors depicted the defendants in the second trial as lower in the organization’s power hierarchy than those in the first case, mere foot soldiers, not top operational coordinators.

Prosecutors showed that on the day of the riot, Hackett and Moerschel joined a group of 12 others as the “boots on the ground,” forcing their way into the Capitol on Jan. 6 with “brute strength.”

They argued that Minuta, a New York tattoo artist, followed shortly behind with a separate group that clashed aggressively with Capitol Police officers inside. Earlier that day, Minuta and his group provided security for Roger Stone, a former adviser to Trump, and rushed to the Capitol on golf carts to join compatriots and confront police officers.

Prosecutors described how Vallejo, an Army veteran from Arizona, kept watch over an arsenal of guns stashed in a hotel in Virginia as part of a “quick reaction force” that could deliver weapons to those members in Washington — in the event of a breakdown in the rule of law.

Sentencing from the judge will come later in the next few weeks.

According to the press release from the U.S. Department of Justice, he defendants – Roberto Minuta, 38, of Prosper, Texas; Joseph Hackett, 52, of Sarasota, Florida; David Moerschel, 45, of Punta Gorda, Florida; and Edward Vallejo, 64, of Phoenix, Arizona – were leaders and associates of the Oath Keepers organization. In addition to the seditious conspiracy count, all four were found guilty of conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy to prevent Members of Congress from discharging their official duties. Hackett was also found guilty of destruction of evidence.

According to the evidence at trial, in the months leading up to January 6, these defendants and their co-conspirators plotted to oppose by force the lawful transfer of presidential power, including by amassing an armed “quick reaction force” on the outskirts of the District of Columbia.

“The Justice Department secured the conviction of four members of the Oath Keepers for their criminal conduct surrounding the January 6, 2021 attack on the Capitol,” U.S. Attorney General Merrick B. Garland said in making the announcement.

“A jury found all four defendants guilty of seditious conspiracy, as well as conspiracies to obstruct the certification of the electoral college vote and to prevent members of Congress from discharging their duties,” he said. “I am grateful to the prosecutors, agents, and staff for their excellent work on this case.”

FBI Director Christopher Wray said the verdict is an important step in the continued efforts to hold criminally accountable those involved in the breach of the U.S. Capitol on January 6, 2021.

“We will continue to investigate those who sought to undermine the workings of American democracy and we will work closely with federal prosecutors to ensure justice is served,” he said.

“For the second time in recent months, a jury has found that a group of Americans entered into a seditious conspiracy against the United States,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “The goal of this conspiracy was to prevent the execution of our laws that govern the peaceful transfer of power – striking at the very heart of our democracy. We are grateful to the thoughtful, deliberative work of this jury who gave weeks of their lives to carefully consider and deliver justice in this case and in so doing reaffirmed our democratic principles.”

The verdict follows the Nov. 29, 2022, seditious conspiracy conviction of Elmer Stewart Rhodes III and Kelly Meggs – two leaders of the Oath Keepers. Jessica Watkins, Kenneth Harrelson, and Thomas Caldwell were also convicted of related felony charges in that first trial. All nine defendants were indicted as part of the same conspiracy on Jan. 12, 2022.

Seditious conspiracy, conspiracy to obstruct Congress, obstruction of Congress, and destruction of evidence all carry a statutory maximum sentence of 20 years in prison. All charges carry potential financial penalties.

The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. U.S. District Court Judge Amit Mehta will schedule sentencing hearings at a later date.

According to the government’s evidence, following the Nov. 3, 2020, presidential election, the defendants conspired together and with 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, the defendants 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 defendants 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, with paramilitary gear and supplies including firearms, tactical vests with plates, helmets, and radio equipment.

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.; recruiting members and affiliates to participate in the conspiracy; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment – to the Capitol grounds; breaching and attempting to take control of the Capitol grounds and building on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote; using force against law enforcement officers while inside the Capitol on Jan. 6, 2021; continuing to plot, after Jan. 6, 2021, to oppose by force the lawful transfer of presidential power; and using websites, social media, text messaging and encrypted messaging applications to communicate with co-conspirators and others.

The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security Division and Criminal Division. Valuable assistance was provided by numerous U.S. Attorney’s Offices across the country.

The case was investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department, with significant assistance provided by the FBI’s New York, Dallas, Tampa, and Phoenix Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the U.S. Secret Service.

In the 24 months since Jan. 6, 2021, more than 950 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 284 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.