More stories

  • in

    Oath Keepers Leader Bought Arsenal of Weapons Ahead of Jan. 6

    The prosecution in the seditious conspiracy trial of Stewart Rhodes and other members of the militia introduced evidence that he spent as much as $20,000 on rifles, ammunition and other equipment.In the days before a pro-Trump mob — including members of his own organization — broke into the Capitol on Jan. 6, 2021, Stewart Rhodes, the leader of the Oath Keepers militia, went on a cross-country weapon-buying spree.Setting out for Washington from Texas, his home state, Mr. Rhodes stopped at least six times, bank records show, purchasing items like assault-style rifles, ammunition and scopes. Sometimes he dropped into gun shops and sometimes he conducted the transactions in parking lots with private sellers he met online.By the time he reached his destination, prosecutors said on Monday at the trial of Mr. Rhodes and four of his subordinates on seditious conspiracy charges, the Oath Keepers leader had spent as much as $20,000 on what amounted to a small arsenal that included at least three rifles and an Israeli-made semiautomatic shotgun.Prosecutors have not yet told the jury precisely what Mr. Rhodes did with the weapons he amassed as he and a lawyer for the Oath Keepers, Kellye SoRelle, made their way from Texas, through Mississippi and Tennessee, to the Hilton Garden Inn in Vienna, Va., where they stayed on Jan. 6.But the purchases took place as Mr. Rhodes was overseeing the creation of what he has called an armed “quick reaction force” that was staged in other hotel rooms in Virginia, ready to rush to the aid of Oath Keepers stationed at the Capitol if they found themselves in need.The armed contingent is central to the Justice Department’s case that Mr. Rhodes and his four co-defendants — Kelly Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell — committed seditious conspiracy by plotting to use violence to stop the transfer of power from President Donald J. Trump to Joseph R. Biden Jr.While the “quick reaction force” — often referred to as the Q.R.F. — was never deployed to Washington and its weapons remained in Virginia, prosecutors opened the trial two weeks ago by telling the jury that Mr. Rhodes and other Oath Keepers “concocted a plan for an armed rebellion to shatter a bedrock of democracy.”“The point of the Q.R.F. was to prevent Biden from taking power in whatever form that took,” an F.B.I. agent, Sylvia Hilgeman, testified on Monday. “I think the Q.R.F. was meant to occupy D.C.”The government has already described how several Oath Keepers stashed their weapons in rooms at the Comfort Inn in Ballston, Va., six miles from downtown Washington, leaving them in the care of compatriots who were prepared to ferry them across the Potomac River into the city.On Monday, prosecutors showed the jury surveillance camera footage from the Comfort Inn of various Oath Keepers wheeling rifle cases and duffel bags on luggage carts down the hotel’s hallways. The carts were at times so full that one member of the group, Edward Vallejo, had to get a running start to push a cart out of an elevator and move it around a corner.The prosecutors also showed the jury a map put together from cellphone data and credit card records that plotted the movements of more than two dozen Oath Keepers arriving in the Washington area from states such as Florida, Ohio, North Carolina and Arizona.“There were a lot of firearms cases,” a former Oath Keeper testified last week about the quick reaction force. “I had not seen that many weapons in one location since I was in the military.”The armed group is also key to the Oath Keepers’ defense.Phillip Linder, one of Mr. Rhodes’s lawyers, has told the jury that the force was never meant to be used as part of an offensive assault against the Capitol. Rather, Mr. Linder has said, the Oath Keepers were waiting for Mr. Trump to invoke the Insurrection Act — a move, he claimed, that would have given the group standing as a militia to employ force of arms in support of Mr. Trump.Mr. Rhodes did not enter the Capitol on Jan. 6, and none of the Oath Keepers defendants who went into the building that day were believed to have brought weapons.Prosecutors revealed on Monday that one day before the Capitol attack, Mr. Rhodes sent several night-vision devices he had bought to a woman named Marsha Lessard, who ran an organization called the Virginia Freedom Keepers.Ms. Lessard, an associate of Roger J. Stone Jr., a longtime adviser to Mr. Trump, had a permit with other organizers for a protest on the Capitol grounds on Jan. 6. Members of her group also took part in a conference call on Dec. 30, 2020, during which Jason Sullivan, Mr. Stone’s onetime social adviser, urged listeners to “descend on the Capitol” on Jan. 6 and ensure that lawmakers inside “understand that people are breathing down their necks.”Earlier in the day, prosecutors showed the jury some sexually explicit text messages that Mr. Rhodes had swapped with Ms. SoRelle, the lawyer, in the days leading up to Jan. 6, suggesting that the two had more than the usual lawyer-client relationship.The messages were apparently introduced to chip away at one of the Oath Keepers’ possible defenses: that members of the group had been acting on Ms. SoRelle’s professional advice when they believed the “quick reaction force” could have been legally called up by Mr. Trump.Even after fleeing Washington on Jan. 6, Mr. Rhodes continued buying stockpiles of guns and ammunition, the government has said in court papers filed before the trial began. As Mr. Biden’s inauguration neared, Mr. Rhodes — accompanied by Joshua James, an Oath Keepers member from Alabama — made multiple trips to purchase thousands of dollars’ worth of weapons, scopes, magazines, holsters and firearm maintenance equipment.Mr. James pleaded guilty in March to seditious conspiracy and has been cooperating with the government’s prosecution. The jury could soon hear from him and other Oath Keepers who have entered guilty pleas.If Mr. James does appear as a witness, he could tell the jury what he told prosecutors as part of his plea deal: that in the weeks leading up to Jan. 6, Mr. Rhodes told him and his fellow Oath Keepers to be prepared to secure the perimeter of the White House and use “lethal force” to stop anyone, including members of the National Guard, from removing Mr. Trump from the building.Mr. James could also testify that he stored some of Mr. Rhodes’s arsenal in a storage shed in Alabama after Mr. Rhodes instructed him that he should “be prepared for violence in the event of a civil war.”Under cross-examination by James Lee Bright, a lawyer for Mr. Rhodes, Ms. Hilgeman, the F.B.I. agent, acknowledged that as Jan. 6 came to an end, the Oath Keepers took the weapons that they had stashed with the quick reaction force home with them.“So the armed rebellion was unarmed?” Mr. Bright asked.“The armed rebellion wasn’t over,” Ms. Hilgeman said. More

  • in

    Kellye SoRelle’s Journey From Lawyer for Oath Keepers to Defendant

    The lawyer, Kellye SoRelle, has been charged with working with the far-right militia to disrupt the 2020 election. Now, her text messages — and testimony — could emerge as evidence at their trial.In the normal course of business, lawyers like Kellye SoRelle wear a variety of hats for their clients: They might keep secrets for them, offer them advice or defend them against charges.But Ms. SoRelle has a far more fraught relationship with one of her biggest former clients: the Oath Keepers militia.Last month, Ms. SoRelle was indicted on conspiracy charges, accused of working with the far-right group in its monthslong plot to disrupt the certification of the 2020 election.Now, she has found herself at the center of a battle over whether her text messages — and testimony — can be used as evidence at the seditious conspiracy trial of Stewart Rhodes, the leader of the Oath Keepers, and four of his subordinates.The struggle between the defense and prosecution over how to define Ms. SoRelle’s role at the trial revolves around the issue of attorney-client privilege, which generally bars lawyers from disclosing private information about their clients.The dispute has become more complicated because the Oath Keepers may seek to call Ms. SoRelle as a witness in the case and defend themselves against some of the charges they are facing by claiming they were merely following her instructions in what is known as an advice-of-counsel defense.The boundaries of attorney-client privilege often become a matter of legal dispute. Lawyers for former President Donald J. Trump are fighting to use the protections of attorney-client privilege — and executive privilege — to limit the scope of a grand jury investigation into the role that Mr. Trump played in seeking to overturn his defeat in the election. Other lawyers for Mr. Trump are facing the prospect of becoming witnesses against him in a separate Justice Department inquiry into his handling of classified documents.On Monday night, before the Oath Keepers trial resumed in Federal District Court in Washington on Tuesday, prosecutors filed court papers asking a judge to set aside attorney-client privilege and admit text messages that Ms. SoRelle had swapped with Mr. Rhodes in the days leading up to the attack on the Capitol on Jan. 6, 2021.In one of the messages, from Dec. 29, 2020, Mr. Rhodes complained that he was getting tired of showing up at pro-Trump rallies in Washington where members of his group and other Trump supporters would simply “wave a sign, pray or yell.”“They won’t fear us,” Mr. Rhodes wrote to Ms. SoRelle, “till we come with rifles in hand.”Prosecutors argued that the incendiary message should not be protected by attorney-client privilege because Ms. SoRelle, despite having described herself as the Oath Keepers’ general counsel, did not perform any legal work for the group until after the Capitol was attacked.Ms. SoRelle also played “an active role in the conspiracy” to disrupt the certification of the election, prosecutors wrote, so any communications between her and the Oath Keepers should be exempt from privilege under what is known as the “crime-fraud exception.”Based in Texas, Ms. SoRelle first emerged into the public eye one day after Election Day when, as a member of a group called Lawyers for Trump, she raised claims in a widely seen video that election workers in Detroit had committed voter fraud. Around the same time, prosecutors say, the Oath Keepers began to work for her as bodyguards.By the following month, she had signed her name to two open letters to Mr. Trump that Mr. Rhodes had posted on the Oath Keepers website. The letters, introduced as evidence at the trial last week, called on Mr. Trump to take a series of aggressive steps to remain in power, including invoking the Insurrection Act, a move that Mr. Rhodes believed would have given Mr. Trump the authority to mobilize militias like his own to suppress the “coup” that was seeking to unseat him.While Mr. Rhodes has so far been the focus of the trial, testimony turned on Tuesday to one of his co-defendants, Jessica Watkins, an Ohio bar owner who ran her own militia in the state.Prosecutors introduced that evidence that Ms. Watkins had discussed cutting off pool cues to serve as “antifa smashers” at pro-Trump rallies in Washington and sought to recruit and train people to join the Oath Keepers at the events.One of the recruits sent a message to Ms. Watkins in mid-November of 2020 asking, “So should I get comfortable with the idea of death?”“That’s why I do what I do,” Ms. Watkins responded.Both defense lawyers and the government have claimed that Ms. SoRelle was, for a time, romantically involved with Mr. Rhodes, though she has said that is not true. She did not respond to messages seeking comment.Regardless of how she felt about Mr. Rhodes, there is no doubt that she did things for — and with — him that went beyond the typical services rendered to a legal client.The day before the Capitol attack, Ms. SoRelle accompanied Mr. Rhodes to a meeting in an underground parking garage near the Capitol where the two encountered Enrique Tarrio, the former chairman of another far-right group, the Proud Boys, and Mr. Tarrio’s longtime associate, Bianca Gracia, the leader of a group called Latinos for Trump. Mr. Tarrio is facing seditious conspiracy and other charges in connection with the Capitol attack.On Jan. 6, Ms. SoRelle followed Mr. Rhodes into a restricted area on the Capitol grounds, giving a celebratory play-by-play of the mob breaching barriers at the building on a Facebook livestream.“That’s how you take your government back,” she said. “You literally take it back.”After Mr. Rhodes fled Washington that day, fearing the authorities were after him, Ms. SoRelle took possession of his cellphone, the government said in the papers filed on Monday. Prosecutors claim that within two days, she had started sending orders in Mr. Rhodes’s name to other Oath Keepers, telling them to delete any incriminating messages and to stop discussing their roles in the Capitol attack.“CLAM UP,” she wrote at one point. “DO NOT SAY A DAMN THING.”For more than a year after Jan. 6, it remained unclear whether Ms. SoRelle would be charged. Even though the F.B.I. seized her phone and eventually arrested more than 20 members of the Oath Keepers — including Mr. Rhodes — she remained at large.During that time, she often told reporters she was cooperating with the government’s inquiry into the group and also claimed to have spoken repeatedly to staff investigators working with the House select committee investigating Jan. 6. Mr. Rhodes’s lawyers have said that it was only after Ms. SoRelle agreed this summer to testify at the trial on his behalf that the F.B.I. arrested her.The lawyers have further said they may call Ms. SoRelle as a witness, hoping that she bolsters one of Mr. Rhodes’s chief defenses in the case.The government has accused Mr. Rhodes of staging a heavily armed “quick reaction force” in hotel rooms in Virginia that was poised to rush to the aid of their compatriots at the Capitol if things got out of hand.While Mr. Rhodes’s lawyers have not disputed that there was a quick reaction force, they have argued that if Mr. Trump had invoked the Insurrection Act, as Mr. Rhodes recommended, it would have given the Oath Keepers standing as a militia to use force of arms in support of Mr. Trump.Ms. SoRelle gave this legal strategy her professional stamp of approval, telling the Oath Keepers they could “lawfully assist” Mr. Trump in putting down an insurrection, Mr. Rhodes’s lawyers said in court papers last month.The lawyers have argued that if Mr. Rhodes was simply following legal advice, he could not be held accountable for showing “any unlawful intent.”The gambit, however, is far from certain to work. While no one knows what Ms. SoRelle will do if called to the witness stand, she has repeatedly told reporters that she will exercise her Fifth Amendment right against self-incrimination. More