On Friday, Oath Keeper ringleader Elmer Stewart Rhodes—now facing charges for seditious conspiracy—extended an offer to testify under oath before the Jan. 6 committee investigating the U.S. Capitol attack and former President Donald Trump’s attempt to overturn the results of the 2020 election.
The proposal was first reported by CBS News. And when Daily Kos contacted Rhodes’ attorney, James Lee Bright, on Friday by phone, Bright confirmed the offer had been made and said it would only be honored if the committee agrees to Rhodes’ conditions.
Rhodes wants his testimony in an “open forum,” Bright said. The remarks must be taken publicly in front of committee members “face-to-face and subject to cross-examination and under oath with counsel present.”
“He will be willing to testify regarding the history of the Oath Keepers, the manner in which they were founded, their membership, their involvement in the election in terms of support of Trump or not, the things that they were doing at various rallies in the months leading up to the election and as well as what became of January 6,” Bright said.
Bright added that Rhodes would also be willing to testify about what the Oath Keepers and himself specifically were doing on Jan. 6
“But it must be live,” he repeated.
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Rhodes’ offer comes as the committee prepares to unpack several of the extremist elements that underpinned the insurrection at the U.S. Capitol and the panel is expected to examine evidence that they say shows the connections between former President Donald Trump and groups like the Oath Keepers and Proud Boys.
Rhodes and several members of the group he once oversaw were charged with seditious conspiracy and a multitude of other charges this January. Prosecutors say Rhodes led a sweeping and weaponized scheme to attack the Capitol in hopes of obstructing the peaceful transfer of power from Trump to then-President-elect Joe Biden.
Justice Department attorneys say Rhodes was the ringleader of a quick-force reaction team network with members he directed to cross state lines and position themselves with caches of weapons so they could help those members who were physically on Capitol grounds.
Rhodes has pleaded not guilty to all of the charges.
A spokesperson for the committee, Timothy Mulvey, declined to comment Friday.
Bright said there is a lack of trust Rhodes has for the committee and that he is insisting on these conditions because he doesn’t want a spectacle.
“We don’t want a circus, we want a direct presentation, an open question-and-answer by select committee members, if they really want to have direct contact with one of the top individuals they are painting as a boogeyman. Otherwise they don’t [get his testimony] or they can present their version,” Bright said.
Rhodes’ attorney noted his client would not entertain questions about his personal life or allegations about his personal life during the hearing.
“What we’re not willing to do is let his ex-wife Tasha show up,” Bright said.
Rhodes and his former wife and mother to his six children, Tasha Vonn Adams, were estranged for years. She officially filed for divorce in 2018. According to a sworn petition filed by Adams, Rhodes had frequent violent outbursts against her and his family and choked their teenage daughter in 2016. After his indictment for seditious conspiracy, Adams told ABC News affiliate WFAA in Texas that she was hopeful Rhodes would remain in prison as he awaited trial. She described him as a “narcissist” and “sociopath.”
Why Rhodes would make this offer to the Jan. 6 committee is a matter of speculation at this point.
Bright told Daily Kos he “admonished” Rhodes against this course of action. But why would he do it? Is he hoping for a lighter sentence if he’s found guilty? Is he angling for leniency from the Justice Department at his impending trial this year?
“I can’t really tell you that. Stewart is a smart man. He’s a Yale-educated lawyer. He has a phenomenal memory and he very much wants to advocate his belief system in terms of the Oath Keepers and what place they did or didn’t truly have in what’s being said about January 6,” Bright said. “Perhaps he’s tired of being in a jail cell under solitary confinement.”
He added: “I feel that no matter what came out in these hearings [the DOJ is] still going to move forward for trial and this is a situation, despite admonishment and discussion, that he is insisting upon.”
If he’s convicted at trial, Rhodes faces a maximum sentence of up to 20 years in prison just for the seditious conspiracy charge.
As with any client, Bright noted, if they take the stand and testify under oath and they are not telling the truth, it could backfire tremendously.
“It could destroy any trial that we have but Mr. Rhodes is insistent upon doing this if these incredibly simple conditions can be met. I can in no way hold it against him for conditions he is requesting,” he said.
Bright again said that Rhodes would be willing to answer questions about other Oath Keeper members who attend rallies tied to the “Stop the Steal” movement.
The hearing must be “straightforward, clean, and to the point,” Bright said.
Rhodes’s trial has faced delays and at present, he and several other Oath Keepers facing charges filed in Washington, D.C. have asked to push the trial into a different venue, citing a prejudiced jury pool in D.C.
Earlier this week, another attorney for Rhodes, Phillip Linder, requested that the Oath Keeper trials now slated for September and November be waylaid over concerns that the committee’s hearings would prejudice jurors. Rhodes offered to waive his right to a speedy trial.
A public hearing between Rhodes and the committee is unlikely, to say the least.
If he was allowed to testify, it would conceivably lend support to his existing argument n court regarding juror prejudice inspired by the committee’s coverage.