Stewart Rhodes and fellow member of Oath Keepers found guilty of sedition

By Elise Hammond, Maureen Chowdhury, Hannah Rabinowitz and Holmes Lybrand, CNN

Updated 10:39 PM ET, Tue November 29, 2022
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7:53 p.m. ET, November 29, 2022

Undermining democracy will not be tolerated, FBI director says after Oath Keepers verdict

The US attorney general and federal investigators said the conviction of several members of the Oath Keepers, a right-wing militia group, for their role in the Jan. 6 insurrection sends a message that attempts to undermine democracy will not be tolerated.

“The FBI will always uphold the rights of all citizens who peacefully engage in First Amendment protected activities, but we and our partners will continue to hold accountable those who engaged in illegal acts regarding the January 6, 2021, siege on the U.S. Capitol," FBI Director Christopher Wray said in a statement Tuesday.

US Attorney General Merrick Garland, in the same statement, reiterated the intent to hold rioters who committed crimes accountable while praising the work of the prosecutors and agents in the case.

7:29 p.m. ET, November 29, 2022

Lawyers for Oath Keepers say they are disappointed but that clients received fair trial

From CNN's Holmes Lybrand and Hannah Rabinowitz

Edward Tarpley and James Lee Bright, attorneys for Oath Keepers leader Stewart Rhodes, speak to the press outside the E. Barrett Prettyman U.S. District Courthouse Tuesday, November 29.
Edward Tarpley and James Lee Bright, attorneys for Oath Keepers leader Stewart Rhodes, speak to the press outside the E. Barrett Prettyman U.S. District Courthouse Tuesday, November 29. (Drew Angerer/Getty Images)

Lawyers for the defendants said they were disappointed in the verdict but believed their clients had received a fair trial.

“I do believe that they gave us a fair trial,” James Lee Bright, an attorney for Stewart Rhodes, told reporters outside the courthouse. Bright added, however, that he believed the verdict “could have been substantially different” if the trial had been moved outside of Washington, DC.

“The government did a good job, they took us to task,” Bright said, adding that he has “absolute respect” for the Justice Department prosecutors and Judge Amit Mehta, who presided.

“It goes without question we are disappointed,” Bright said, adding that Rhodes’ defense team plans to appeal his conviction on the seditious conspiracy charge.

Kenneth Harrelson's attorney, Bradford Geyer, also said he would be appealing the verdict. Harrelson was acquitted of the seditious conspiracy charge but found guilty on several other charges.

“He’s a good man,” Geyer said, adding that his client was in the Capitol for 17 minutes and he didn’t intend to obstruct Congress. 

“He didn’t have any of that in his head,” Geyer said. “A lot of this was about scary words.”

Jonathan Crisp, the attorney for Jessica Watkins, said his client was grateful the jury also found her not guilty of seditious conspiracy.

“I understand the jury’s decision,” Crisp told CNN. “It’s just unfortunate that I wasn’t able to convince them” that Watkins’ intention was not to obstruct.

Thomas Caldwell’s attorney, David Fischer, told reporters that the verdict was a “major victory” for his client and a significant blow to the Justice Department.

“It obviously was a major victory for Mr. Caldwell,” Fischer said. “He was acquitted of seditious conspiracy and three other major conspiracy counts. And it was just as obviously a major defeat for the Department of Justice.”

Some context: All five defendants were convicted of obstructing an official proceeding, which carries a 20-year maximum sentence.

6:59 p.m. ET, November 29, 2022

Oath Keepers convicted of charges that carry a maximum 20-year prison sentence

From CNN's Hannah Rabinowitz and Holmes Lybrand

The two defendants convicted of seditious conspiracy — Stewart Rhodes and Kelly Meggs — face a 20-year maximum prison sentence on that charge.

They, along with the other three defendants — Kenneth Harrelson, Jessica Watkins and Thomas Caldwell – were convicted of obstructing an official proceeding, which also carries a 20-year maximum sentence.

The defendants were convicted of multiple charges, and the judge could issue a sentence that exceeds 20 years. Conversely, the judge could decide to sentence defendants to far less than the maximum allowed.

Sentencing hearings typically happen 90 days after a verdict is reached.

Judge Amit Mehta said in court that four of the defendants, including Rhodes, will remain behind bars.

Only one defendant — Caldwell — had been on pretrial release.

7:21 p.m. ET, November 29, 2022

Jan. 6 committee member says Oath Keepers verdicts are a vindication of the investigation

Rep. Jamie Raskin
Rep. Jamie Raskin (CNN)

Democratic Rep. Jamie Raskin, a member of the Jan. 6 House select committee that has been investigating the insurrection, said guilty verdicts for several members of the Oath Keepers showed that the judicial system is working.

“Within that macro offense against American democracy, hundreds or perhaps even thousands of individual discrete crimes took place. The people who are guilty of those crimes are being tried for them — many of them are pleading guilty, others of them are being found guilty," he told CNN shortly after the verdicts were handed down in federal court Tuesday. "That is what the rule of law and the system of justice is about in a democratic society," he said.

Raskin noted how some defendants – such as the leader of the Oath Keepers, Stewart Rhodes – were convicted on some charges and acquitted on others.

"It shows the American system of justice is actually working," Raskin said.

The committee, which was formed in July 2021, has held several public hearings as part of its investigation into the insurrection. During its investigation, the members interviewed witnesses and reviewed documents and video footage to put together a more complete picture of what happened — as well as examine connections between former President Donald Trump and right-wing groups like the Oath Keepers.

“I would view this as a vindication, generally, of the work of our committee, but of course the other half of our work is forward-looking. What do we need to do to fortify American democracy against coups, insurrections, political violence and electoral sabotage in the future?" Raskin said.

Latest on Jan. 6 committee: The members are in active discussions about what to include in the panel’s final report but expect it will focus on issues beyond how Trump’s efforts to prevent the peaceful transfer of power fueled the violence that day. The report, which is slated for release by the end of the year, will effectively serve as the committee’s closing statement but with less than two months left before the panel expires, members are still deliberating over what it will contain and how those findings will be presented.

7:14 p.m. ET, November 29, 2022

Here's a breakdown of the verdict in the Oath Keepers seditious conspiracy case

From CNN's Hannah Rabinowitz and Holmes Lybrand

(Sketch by Bill Hennessy)
(Sketch by Bill Hennessy)

Oath Keepers leader Stewart Rhodes was convicted Tuesday by a Washington, DC, jury of seditious conspiracy for orchestrating a far-reaching plan to stop the peaceful transfer of power after former President Donald Trump lost to Joe Biden in the 2020 election.

The conviction is a win for the Justice Department, which argued that the attack on the US Capitol on Jan. 6, 2021, was more than just a political protest that got out of control — but rather a violent attack on the seat of American democracy and an effort to keep Biden out of the Oval Office by any means necessary.

Four other defendants also faced charges.

Here's a full rundown of the verdict:

Count 1: Seditious conspiracy

Stewart Rhodes: GUILTY

Kelly Meggs: GUILTY

Kenneth Harrelson: NOT GUILTY

Jessica Watkins: NOT GUILTY

Thomas Caldwell: NOT GUILTY

Count 2: Conspiracy to Obstruct an official proceeding 

Stewart Rhodes: NOT GUILTY

Kelly Meggs: GUILTY

Kenneth Harrelson: NOT GUILTY

Jessica Watkins: GUILTY

Thomas Caldwell: NOT GUILTY

Count 3: Obstructing an Official Proceeding

Stewart Rhodes: GUILTY

Kelly Meggs: GUILTY

Kenneth Harrelson: GUILTY

Jessica Watkins: GUILTY

Thomas Caldwell: GUILTY

Count 4: Conspiracy to prevent an officer from discharging any duties

Stewart Rhodes: NOT GUILTY

Kelly Meggs: GUILTY

Kenneth Harrelson: GUILTY

Jessica Watkins: GUILTY

Thomas Caldwell: NOT GUILTY

Count 5: Destruction of Government Property and Aiding and Abetting 

Kelly Meggs: NOT GUILTY

Kenneth Harrelson: NOT GUILTY

Jessica Watkins: NOT GUILTY

Count 6: Civil Disorder and Aiding and Abetting

Jessica Watkins: GUILTY

Count 7: Tampering with Documents

Stewart Rhodes: GUILTY

Count 8: Tampering with Documents

Kelly Meggs: GUILTY

Count 9: Tampering with Documents

Kenneth Harrelson: GUILTY

Count 13: Tampering with Documents

Thomas Caldwell: GUILTY

6:30 p.m. ET, November 29, 2022

Here's what it looked like inside the courtroom as the verdicts were read

(Sketch by Bill Hennessy)
(Sketch by Bill Hennessy)

A jury found five members of the right-wing militia group, the Oath Keepers, guilty of at least one charge each in the historic criminal trial following the events of the Jan. 6, 2021, insurrection at the US Capitol.

There are no cameras allowed during federal proceedings, but artist Bill Hennessy’s sketches provide a glimpse of the events.

(Sketch by Bill Hennessy)
(Sketch by Bill Hennessy)

The group's leader Stewart Rhodes and fellow group member Kelly Meggs were found guilty of the most serious charge, seditious conspiracy. Rhodes, Meggs and the three other defendants – Jessica Watkins, Kenneth Harrelson and Thomas Caldwell – were also convicted of obstructing an official proceeding.

The jury was made up of seven men and five women.

(Sketch by Bill Hennessy)
(Sketch by Bill Hennessy)

6:28 p.m. ET, November 29, 2022

National security analyst: It's a great day for the rule of law and the peaceful transfer of power

The rule of law and peaceful of transfer of power were on the line in the Oath Keepers trial, CNN national security analyst Juliette Kayyem noted on Tuesday – and the guilty verdicts sent a message.

"This is a really great day for the United States, for the rule of law, for the peaceful transfer of power and making sure that that is protected because that is essentially what was on trial," she said.

Kayyem added, "But the overall charge against, in particular, Stewart Rhodes, is monumental because it is saying to the world that this was, one word, conspiracy, more than one. It is not a bunch of guys vacationing and deciding to get a little bit disruptive. It was planned before, during, and possibly after to disrupt the peaceful transfer of power."

Kayyem also highlighted how the verdicts may impact other cases moving forward, sending a message to groups and individuals that participated in the Jan. 6, 2021, US Capitol attack — potentially leading some to take pleas.

"We have to figure out exactly what each count relates to in terms of the guilty verdict. So it is not just a statement to those defendants, it's a statement to potentially future defendants. This is how these cases, this is how violent organizations die, which is a good thing. They get disrupted at the top. They turn on each other, which is what we saw in this case. They have no trust amongst each other, and they know that they have now been exposed."

Kayyem said that the result is that others facing similar charges will get nervous. "And they will take more pleas or they will take pleas that are being offered by the Department of Justice."

6:36 p.m. ET, November 29, 2022

Former DC police officer: Guilty verdicts are learning tool for those who don't think insurrection was serious

Michael Fanone
Michael Fanone (CNN)

Michael Fanone, a former Washington, DC, police officer who was at the US Capitol during the insurrection, said he hopes the guilty verdicts for several members of the Oath Keepers is a "learning tool" for others to recognize the seriousness of the insurrection.

“I would hope that this would serve as a learning tool for many members of Congress and many Americans who don’t believe that Jan. 6 was serious, that it was a serious attack on our democracy," he told CNN.

Oath Keepers leader Stewart Rhodes and fellow group member Kelly Meggs were found guilty of seditious conspiracy, the most serious charge. All five defendants were also convicted of obstructing an official proceeding.

"I think the verdict speaks for itself," Fanone said. "The evidence that was put forth by the government proved beyond a reasonable doubt that Stewart Rhodes and at least one of his conspirators engaged in a seditious conspiracy to overthrow the United States government by means of violence."

He added that the House select committee investigating the Jan. 6 riot at the Capitol did a good job making connections between former President Donald Trump and leaders of the Oath Keepers and other right-wing groups during its investigation and public hearings.

“So if I was the former president and many of his allies, I would be shaking in my boots seeing these verdicts coming down," Fanone added.

6:12 p.m. ET, November 29, 2022

Jury acquits 3 Oath Keepers of destroying government property

From CNN's Hannah Rabinowitz and Holmes Lybrand

On the remaining charges, the jury acquitted Oath Keepers leader Stewart Rhodes and another defendant of conspiracy to prevent an officer from discharging any duties, while convicting their three co-defendants of that charge. 

The jury also acquitted three of the defendants accused of destroying government property, while convicting Jessica Watkins, who was charged with civil disorder.

In addition, the four defendants charged with tampering with documents were convicted.

The court is in recess.