The charges of seditious conspiracy will be litigated over the next six to eight weeks.
Notably, Rhodes and his allies say they had been girding for the possibility that Trump would invoke the Insurrection Act as part of a bid to remain in power, a decision they contend could have permitted them to act as a government-sanctioned militia. This interpretation of the law, they say, further proves that their actions fell short of seditious conspiracy.
Oath Keepers, including Rhodes — who didn’t enter the Capitol but was seen outside rallying his allies amid the chaos — have indicated they took their cues from the former president. His Dec. 18, 2020 tweet urging supporters to come to Washington for a “wild” protest was shared?? among extremists, including some of the Oath Keeper leaders.