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.
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“[T]he violent breach of the Capitol on January 6 was a grave danger to our democracy.”
United States v. Munchel, 991 F.3d 1273, 1284 (D.C. Cir. 2021). “The chaos wrought by the mob
forced members of Congress to stop the certification and flee for safety.” United States v. Fischer,
64 F.4th 329, 332 (D.C. Cir. 2023). As this Court has explained:
January 6, 2021 was supposed to mark the peaceful transition of power. It had
been that way for over two centuries, one presidential administration handing off
peacefully to the next. President Ronald Reagan in his first inaugural address
described “the orderly transfer of authority” as “nothing less than a miracle.”
Violence and disruption happened in other countries, but not here. This is the
United States of America, and it could never happen to our democracy.
Thompson v. Trump, 590 F. Supp. 3d 46, 61 (D.D.C. 2022) (footnote omitted).
But, because of these defendants’ actions, it did happen to our democracy. Rioters injured
more than a hundred members of law enforcement and inflicted significant emotional injuries on
law enforcement officers and Capitol employees alike. The attack caused substantial damage to
the Capitol, resulting in millions of dollars of financial losses. But the cost to our democracy and
system of government was incalculable. See United States v. Gardner, No. 21-cr-622 (Mar. 16,
2023), Sent. Tr. at 68 (identifying one of the “victims” on January 6 as “democracy itself”)
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In short, the defendants’ conduct displayed a clear, shared intent to stop Congress from
certifying the results of the election, including through the organized use of force and the staging
of weapons nearby. That conduct—calculated to stop the peaceful transfer of Presidential power
for the first time in the nation’s history—is a quintessential example of an intent to influence
government conduct through intimidation or coercion and warrants an upward departure pursuant
to Note 4. Indeed, the terrorism enhancement in Section 3A1.4 is meant to “punish[] more harshly
than other criminals those whose wrongs served an end more terrible than other crimes.”
Benkahla, 530 F.3d at 313