USA vs Rhodes: court opinion on dropping Jan 6 sedition charges for Oath keepers founder
After securing vacatur of the convictions of eight Defendants in this case—all members of a group known as the Oath Keepers—the United States now moves pursuant to Federal Rule of Criminal Procedure 48(a) to dismiss the indictment. Reluctantly, the court grants the motion.
Page 4 has a lovely chart of trial outcomes for those considered.
On January 20, 2025, the first day of his second term in office, President Trump issued a proclamation titled “Granting Pardons and Commutation of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021”(the “Proclamation”). Proclamation No. 10887, 90 Fed. Reg. 8331 (Jan. 29, 2025). The Proclamation pardoned all persons convicted of January 6–related offenses except 14 named individuals. Among them were the nine defendants in this matter.
Before turning to the government’s proffered justifications for dismissal, it is important to note the reasons it has not offered. The government does not say that the charges were legallydeficient5 or that the evidence presented is insufficient to sustain Defendants’ convictions.
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