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Yet no one has been indicted on the most serious crime experts discussed in the aftermath of the siege sedition and many of those arrested will face only misdemeanor charges. The challenges of making a case against members and associates of loose-knit groups that mainly congregate online leading some of them to act on their own has left some worrying that the ultimate remedy for criminal behavior in the American system punishment under the law may not be enough to deter future extremist attacks. The Oath Keepers was formed in 2009 one of the many self styled militias to pop up after the election of President Barack Obama. It was founded by former Army paratrooper and Yale Law School graduate Stewart Rhodes with members vowing to support and defend the Constitution of the United States against all enemies foreign and domestic. In building his organization from the ground up Rhodes 55 focused on recruiting current and former military law enforcement and first responders. Many of those present at the Jan 6 riot had this sort of background. Rhodes himself was photographed at the Capitol that day but never entered the building. He has not been charged with a crime. In a speech late last month at a border security rally in Laredo Texas first reported by The Daily Beast Rhodes said he expected to be arrested not for anything I actually did but for madeup crimes. He said the Oath Keepers had no plan to attack Congress and committed no violence and said that if his organization wanted to take over the Capitol theyd have arrived armed and taken it. There are some Oath Keepers right now along with Proud Boys and other patriots who were in D.C who are sitting in jail he said because the powers that be dont like their political views. Prosecutors see things differently. In court hearings and documents presented in recent weeks they have detailed what they say is substantial evidence of a conspiracy by associates and members of the Oath Keepers to stop Congress from validating the 2020 presidential election. The federal government alleges the 12 defendants communicated leading up to the Jan 6 riot coordinating plans on social media setting up channels on chat apps, reserving hotel rooms and exchanging phone calls on the morning of the insurrection. Court documents detail minute by minute communications among them as they converged on the Capitol. Prosecutors allege that many of the defendants prepared themselves for battle equipping themselves with items such as helmets hard knuckle tactical gloves ballistic goggles radios with an earpiece and bear spray. Its also clear that while prosecutors have not indicted Rhodes they view him as enmeshed in the activities of the group before and during the events of Jan 6 Rhodes appears throughout recent court filings identifiable as Person One based on cross-referencing the allegations with publicly available information. On Jan 4 2021 he posted a call to action on the Oath Keepers website declaring it was CRITICAL that all patriots who can be in DC get to DC to stand tall in support of President Trumps fight to defeat the enemies foreign and domestic who are attempting a coup through the massive vote fraud and related attacks on our Republic prosecutors say. In group chats, Rhodes allegedly told Oath Keepers not to bring guns to the rally because of the District of Columbias strict gun laws. Collapsible Batons are a grey area in the law I bring one. But I m willing to take that risk because I love em Rhodes said in a group chat according to court documents. He allegedly added that several well equipped QRFs military jargon for quick response forces would be awaiting outside city limits presumably where gun laws are less stringent. (He made similar claims after Novembers election when he told conspiracy outlet Info Wars the Oath Keepers would be outside of D.C armed prepared to go in if the president calls us up. When Congress started certifying the 2020 presidential vote on Jan 6 prosecutors say Rhodes wrote on a Signal group chat All I see Trump doing is complaining. I see no intent by him to do anything. So the patriots are taking it into their own hands. Theyve had enough. Nine minutes before the stack pushed past the crowd and police prosecutors say Rhodes had a 97second call with a person helping to lead the group. Rhodes and other Oath Keepers associates allegedly exchanged a total of 19 calls before and during the insurrection in addition to sharing messages on apps.

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