Stewart Rhodes, the founder of the Oath Keepers, took the stand in his own defense on Friday in the most significant trial yet over the Jan. 6 insurrection. Suffice it to say he did not back down from spreading deranged conspiracies about the 2020 election that helped fuel deadly violence—though he appeared to stumble along the way.
“I’m good to go,” Rhodes said in D.C. federal court, before launching into his personal history and his decision to start the far-right militia group.
His decision to testify comes after prosecutors spent weeks arguing that Rhodes and his fellow Oath Keepers spent months planning “an armed rebellion to shatter a bedrock of American democracy” in a vain attempt to stop the certification of President Joe Biden’s win over Donald Trump in the 2020 election.
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Rhodes and four other members have pleaded not guilty to seditious conspiracy, a rare, Civil War-era charge that carries a maximum sentence of 20 years in prison. On Friday, Rhodes confirmed that he was unhappy with the election and believed that it was “unconstitutional.”
“That made it invalid,” he said. “And you really can’t have a winner of an unconstitutional election.”
“That would mean that Donald Trump, too, was not the winner,” Rhodes added.
Prosecutors allege that the plan to disrupt democracy began just days after Biden was declared the victor of the 2020 presidential election. For months, Oath Keepers allegedly trained, discussed the need to go to war, and even stockpiled weapons that would be held outside of the D.C. area on Jan. 6 in case Trump invoked the Insurrection Act.
“Their goal was to stop by whatever means necessary the lawful transfer of presidential power, including by taking up arms against the United States government,” Assistant U.S. Attorney Jeffrey Nestler said during opening statements. “They did not go to the Capitol to defend or help; they went to attack.”
For weeks, prosecutors have been showing jurors text messages, audio recordings, and surveillance footage to demonstrate the lengths the Oath Keepers allegedly went to execute their plan. On Wednesday, jurors were played a recording of Rhodes four days after the insurrection—where he is heard admitting his only regret was not bringing rifles to the Capitol.
“We could have fixed it right then and there. I’d hang fuckin’ Pelosi from the lamppost,” Rhodes said.
Defense attorneys for the five individuals insist that the group committed no crime at the Capitol—and that Rhodes did not even enter the building. Standing trial with Rhodes is Kelly Meggs, a leader of the Florida Oath Keepers chapter; Thomas Caldwell, a retired Navy intelligence officer; member Kenneth Harrelson; and Jessica Watkins, who led an Ohio militia group.
Federal authorities have described the Oath Keepers group as “a large but loosely organized collection of [the] militia who believe that the federal government has been co-opted by a shadowy conspiracy that is trying to strip American citizens of their rights” and who heavily recruit former military, law enforcement, and first responders.
Rhodes on Friday gave jurors several reasons why he founded the Oath Keepers—ranging from his anger over the George W. Bush era to helping veterans learn they do not have to blindly obey the Constitution.
“I wanted to make sure they knew where the lines were and their duty to say no,” he said.
Describing the intended function of the group, Rhodes denied characterizations that the Oath Keepers are extremist—insisting that his members simply want to support demonstrations.
Then he seemed to slip up.
“I support the right to riot,” Rhodes said, before adjusting his phrasing: “I support the right to protest.”
