UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAUNITED STATES OF AMERICA v.ELMER STEWART RHODES III,KELLY MEGGS,KENNETH HARRELSON,JESSICA WATKINS,ROBERTO MINUTA,JOSEPH HACKETT,DAVID MOERSCHEL,THOMAS CALDWELL, andEDWARD VALLEJO, Defendants.Case No. 22-cr-15-APMGOVERNMENT’S OMNIBUS SENTENCING MEMORANDUM ANDMOTION FOR UPWARD DEPARTURE
These defendants were prepared to fight. Not for their country, but against it. In their own words, they were “willing to die” in a “guerilla war” to achieve their goal of halting the transfer of power after the 2020 Presidential Election. As a co-conspirator recognized, their actions made these defendants “traitors.”
Using their positions of prominence within, and in affiliation with, the Oath Keepers organization, these defendants played a central and damning role in opposing by force the government of the United States, breaking the solemn oath many of them swore as members of the United States Armed Forces. To support their operation, they amassed an arsenal of firearms across the Potomac River and led a conspiracy that culminated in a mob’s attack on the United States Capitol while our elected representatives met in a Joint Session of Congress. Two juries found all nine defendants guilty of participating in this grave conduct. These defendants are unlike any of the hundreds of others who have been sentenced for their roles in the attack on the Capitol. Each defendant therefore deserves a significant sentence of incarceration.