Defense attorneys have coined the term “January 6 Jurisprudence” to describe the treatment received by the more than 1,200 defendants arrested so far in connection with the events of Jan. 6, 2021. This carve-out legal system involves the unprecedented and possibly unlawful use of a corporate evidence-tampering statute; excessive prison sentences and indefinite periods of pretrial incarceration; and the designation of nonviolent offenses as federal crimes of terrorism.
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Commentary: The Pathetic and Political Sedition Case Against the Oath Keepers
Facing intensifying criticism from Democratic lawmakers, journalists, and even some federal judges for not seeking harsher punishment against January 6 protesters, Attorney General Merrick Garland finally produced charges to appease his detractors. Last week, more than a year after the so-called insurrection, Garland charged 11 members of the Oath Keepers with seditious conspiracy.
The star of the new indictment, handed down by a grand jury on January 12, is Stewart Rhodes, the founder of the alleged militia group. (His co-defendants were charged with several other offenses months ago.)
Rhodes, described only as “person one” for nearly a year in numerous criminal indictments related to his organization, has been a free man since January 6, 2021, raising plausible suspicions that he may have been a government informant at the time. After all, the FBI has a longstanding pattern of infiltrating fringe groups such as the Oath Keepers and moving them to commit indictable crimes.
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