Month: May 2023

Source: United States Department of Justice News

            WASHINGTON — A Kentucky man has been arrested on felony and misdemeanor charges for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Daniel Edwin Wilson, 47, of Louisville, Kentucky is charged in a criminal complaint filed in the District of Columbia with obstruction, a felony, and four misdemeanors including:  knowingly entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct on Capitol grounds, and parading, demonstrating or picketing on Capitol grounds. He was arrested today in Louisville, KY and is expected to make his initial appearance later today in the Western District of Kentucky.

            According to court documents, Wilson began planning, in the winter of 2020, to obstruct and interfere with the joint session of Congress at the Capitol on Jan. 6, 2021, to certify the electoral college vote. On Dec. 22, 2020, Wilson—who in a Telegram chat group went by the moniker “Live Wire”—responded to a discussion regarding traveling to Washington, D.C. for Jan. 6, 2021 by writing, “Ooh Rah. Curb stomp crew all in!!!” Later that same day, Wilson wrote, “We are willing to work and coordinate with others but I am a gray ghost ranger,” referring to Wilson’s affiliation with a particular militia.  Wilson also discussed bringing firearms to Washington, D.C. for Jan. 6, 2021, but he ultimately wrote, on Dec. 24, 2020, “In my opinion I don’t think it’s time to gun up for the sixth we have to play this out but if they seat biden on the 20th all bets are off it’s gonna happen even if Trump wins we have to get this government under control it’s been crossing my mind if we go to a Civil War do we try to take Washington DC first or do we try to take state capitals first.”  On Dec. 27, 2020, Wilson wrote, “I am ready to lay my life on the line. It is time for good men to do bad things.”

            On Jan. 6, 2021, Wilson was captured in open-source and U.S. Capitol CCTV footage at the U.S. Capitol, wearing a pair of blue jeans, tan boots, and a blue hooded sweatshirt, carrying a red backpack and an olive-green fabric pouch, and at times, wearing a gas mask. A review of the U.S Capitol’s CCTV footage revealed that, at approximately 2:37 PM, Wilson entered the U.S. Capitol building through the Upper West Terrace Door. After entering the building, Wilson walked into the Rotunda, where he remained for several minutes. From the Rotunda, Wilson walked through Statuary Hall. He then returned to the Rotunda and ultimately exited through the East Rotunda Doors at approximately 2:49 PM.

            In an interview with FBI agents on March 9, 2021, Wilson repeatedly denied being inside the Capitol building. A search warrant was obtained and, on June 3, 2022, during the execution of the warrant, law enforcement seized six firearms from Wilson’s residence, which were stored in a backpack and inside a cabinet in his residence, covered by clothing. Wilson was prohibited from possessing firearms at the time, due to previous felony convictions. At least two of the seized firearms were loaded at the time of seizure, and another two did not have serial numbers.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Kentucky.

            The case is being investigated by the FBI’s Louisville and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

Court Concludes Oath Keepers Leaders’ Conduct was Terrorism

            WASHINGTON – Elmer Stewart Rhodes III, the founder and leader of the Oath Keepers, and Kelly Meggs, the leader of the Florida chapter of the organization, were sentenced today for seditious conspiracy and other charges related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.  The evidence at trial proved that the defendants had been plotting for weeks if not months to oppose the lawful transfer of power following the 2020 U.S. Presidential Election.

            Rhodes, 57, of Granbury, Texas, was sentenced to 18 years in prison and 36 months of supervised release. His is the longest sentence, to date, related to the January 6 attack on the Capitol.

            Meggs, 53, of Dunnellon, Florida, was sentenced to 12 years in prison and 36 months of supervised release. 

            This is the first time a court has found that a defendant’s conduct related to the January 6 attack was tantamount to terrorism warranting an upward departure under the sentencing guidelines. 

            “Today’s sentences reflect the grave threat the actions of these defendants posed to our democratic institutions,” said Attorney General Merrick B. Garland. “The United States proved at trial that the Oath Keepers plotted for months to violently disrupt the peaceful transfer of power from one administration to the next. The Justice Department will continue to do everything in our power to hold accountable those criminally responsible for the January 6th attack on our democracy.”

            “There have been few instances in our Nation’s history when our fellow citizens have engaged in a seditious conspiracy—a conspiracy to use force to oppose the functioning of our government,” said U.S. Attorney Matthew M. Graves. “More people were convicted of seditious conspiracy in connection with the siege of the Capitol on January 6, 2021, than any other criminal event since the statute was enacted during the Civil War. Today’s sentencing affirms the rule of law and imposes substantial consequences on Stewart Rhodes and Kelly Meggs who, together, conspired to violently attack our government and our democracy.”

            “The violence and criminal conduct displayed at the U.S. Capitol building on January 6, 2021, showed a blatant disregard for our institutions of government and democratic process,” said David Sundberg, Assistant Director in Charge of the FBI Washington Field Office. “These sentencings underscore the FBI’s commitment to holding accountable those who sought to betray the values of our democracy by using the guise of First Amendment protected activity to engage in violent criminal activity to stop the peaceful transition of presidential power.”

            Rhodes and Meggs were found guilty on November 29, 2022, following an eight-week trial and three days of deliberations. In addition to the seditious conspiracy charge, Rhodes was convicted of obstruction of an official proceeding and tampering with documents and proceedings; Meggs, 53, of Dunnellon, Florida, also was found guilty of conspiracy to obstruct an official proceeding, obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings.

            According to the government’s evidence, the Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with militias. Following the Nov. 3, 2020, presidential election, Rhodes, Meggs, and others began plotting to oppose, by force, the lawful transfer of presidential power. Beginning in late December 2020, via encrypted and private communications applications, Rhodes, Meggs, and others coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote.

            The defendants and their co-conspirators also collectively employed a variety of manners and means, including: organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.; recruiting members and affiliates; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, batons, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment – to the Capitol grounds; breaching and attempting to take control of the Capitol grounds and building on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote; using force against law enforcement officers while inside the Capitol on Jan. 6, 2021; continuing to plot, after Jan. 6, 2021, to oppose by force the lawful transfer of presidential power, and using websites, social media, text messaging and encrypted messaging applications to communicate with each other and others.

            On Jan. 6, 2021, a large crowd began to gather outside the Capitol perimeter as the Joint Session of Congress got under way at 1 p.m. Crowd members eventually forced their way through, up, and over U.S. Capitol Police barricades and advanced to the building’s exterior façade. Shortly after 2 p.m., crowd members forced entry into the Capitol by breaking windows, ramming open doors, and assaulting Capitol police and other law enforcement officers. At about this time, according to the government’s evidence, Rhodes entered the restricted area of the Capitol grounds and directed his followers to meet him at the Capitol.

            At approximately 2:30 p.m., according to the government’s evidence, Meggs, along with other Oath Keepers and affiliates – many wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia – marched in a “stack” formation up the east steps of the Capitol, joined a mob, and made their way into the Capitol. Rhodes remained outside, directing and coordinating activities.

            While certain Oath Keepers members and affiliates breached the Capitol grounds and building, others remained stationed just outside of the city in quick reaction force (QRF) teams. According to the government’s evidence, the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power.

            Rhodes was arrested on Jan. 13, 2022, in Texas. Meggs was arrested on Feb. 17, 2021, in Florida. 

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security and Criminal Divisions. Valuable assistance was provided by numerous U.S. Attorney’s Offices throughout the country.

            The case is being investigated by the FBI’s Washington Field Office with valuable assistance provided by numerous FBI offices throughout the country, including the Dallas and Jacksonville Field Offices.

            In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.