After rigorous review, jurors have finally been selected for the seditious conspiracy trial of ex-Oath Keepers ringleader Elmer Stewart Rhodes and four fellow members of the extremist network.
The trial—expected to stretch five weeks—will unfold just a half-mile from where Rhodes and his Oath Keepers cohorts Kenneth Harrelson, Jessica Watkins, Thomas Caldwell, and Kelly Meggs allegedly tried to stop the transfer of presidential power by force on Jan. 6, 2021.
RELATED STORY: Step inside the courtroom: Oath Keeper sedition trial is well underway
Jurors weighing their fate are mostly white and mostly male. Many work in fields common for residents of Washington, D.C. One juror works in the State Department, another for the Government Accountability Office. At least two of the jurors selected are lawyers themselves. One works in patent law and the other in an administrative law capacity. Another juror works as a contractor for the Department of Defense.
The jury pool for the D.C.-based case was so laden with attorneys it prompted Caldwell’s lawyer David Fischer to crack wise in court Thursday.
“Is there a tax credit for lawyers who live here or something?” Fischer remarked to presiding U.S. District Judge Amit Mehta during a lull in proceedings.
The moment of levity was welcome after three days of jury selection, during which 150 prospective jurors were whittled down to a qualified group of 47, which was then reduced a final time.
Typically, the pool features just 12 jurors and two alternates.
But with the high-profile case so long in the works and the spread of COVID-19 still an issue, Judge Mehta took the extra precaution of adding two additional alternates to the mix, bringing the final pool to 16. Of the group, 11 are white, including alternates. Nine are men, including alternates.
This expanded pool, he said in court this week, will hopefully resolve any possible interruptions in the weeks ahead at the federal courthouse. Masking is required.
Rhodes, Watkins, Harrelson, Meggs, and Caldwell allegedly conspired for weeks to forcibly oppose the lawful transfer of power from former President Donald Trump to now-President Joe Biden.
Under Rhodes’ guidance, the Oath Keeper division leaders moved at a furious pace to collect weapons, ammunition, and tactical gear for Jan. 6, prosecutors say. Some members of the group received paramilitary training.
Prosecutors allege the Oath Keepers coordinated “quick reaction force” teams in northern Virginia, close to the U.S. Capitol, so they could resupply allies busy storming the complex with fresh weapons or other defenses rapidly.
Neither Rhodes nor Caldwell was physically inside the Capitol on Jan. 6, but Rhodes was on the grounds. Meggs, Watkins, and Harrelson, the indictment states, were part of a single-file column of Oath Keepers who marched in a military stack formation up the Capitol steps in order to force their way inside. Once inside, some in the stack set off to find Speaker of the House Nancy Pelosi.
Harrelson, Watkins, and Meggs were also responsible for recruitment efforts ahead of the Capitol siege.
A mountain of evidence will emerge at trial, and prosecutors are confident that it will show the shocking lengths the defendants went to on Jan. 6 to stop the certification of the Electoral College vote.
Rhodes and his co-defendants have maintained their innocence, saying that they were not acting illegally but preventatively. They say that they expected Trump to invoke the Insurrection Act, and they wanted to be on tap and ready to assist if he did.
They have argued they were in Washington merely to provide security, including to figures like Proud Boy-vow-taker Roger Stone. The weapons stockpile, the gear, the paramilitary training, all of that was just in case leftist or anti-fascist protesters showed up to cause violence, they have claimed.
RELATED STORY: Before trial, Oath Keeper Rhodes makes final attempt to shape defense
With reams of damning video footage evidence, calls, chat logs, and more to overcome, defense lawyers have their work cut out for them.
Prosecutors told Judge Mehta they expect to use one hour and 15 minutes to make their opening statement. Defense attorneys said it would take roughly an hour for Rhodes, another hour for Watkins and Meggs combined, and 45 minutes for Caldwell’s opening remarks. Harrelson’s attorney said Thursday he would reserve his time for his client.
The Justice Department has indicated that it will call forward several witnesses, including former Oath Keepers who flipped on the extremist group post-indictment. Members of the U.S. Capitol Police force are expected to testify, too.
The goal for U.S. attorneys now is to convince jurors beyond a reasonable doubt that Rhodes, Watkins, Meggs, Harrelson, and Caldwell showed up at the Capitol on Jan. 6 not on a whim but with premeditated purpose.
For seditious conspiracy, the sentence is a maximum of 20 years in prison. In addition to seditious conspiracy, the defendants also face numerous other felony charges, including conspiracy to obstruct a proceeding, obstruction of an official proceeding, conspiracy to prevent an officer from discharging their duties, destruction of government property, and more.
At jury selection this week, Rhodes and his co-defendants were rarely idle, frequently conferring quietly with their attorneys or each other as the hours ticked on. Harrelson spent almost the entire day Thursday closely reading materials in a binder for trial prep. The group is flanked by a half dozen lawyers, and they have spread themselves over two tables inside the courtroom. Rhodes is represented by attorney James Lee Bright and Philip Linder. The prosecution is led by U.S. Attorneys Kathryn Rakoczy and Jeffrey Nestler.
Daily Kos will have coverage live from inside the courthouse. Teleconference lines will not be available, nor will there be a live stream or broadcast, so for up-to-the-minute updates, be sure to follow @Brandi_Buchman on Twitter.