Judge makes it clear that Oath Keeper Elmer Stewart Rhodes is not, not, not going to be granted bail
Earlier this week, Judge Kimberly Priest Johnson promised to deliver a quick decision on whether or not Oath Keeper founder Elmer Stewart Rhodes would be allowed to wait for his Jan. 6 trial at home rather than in jail. And now he has that answer: Nope.
As CNN reports, Johnson made it clear that the “totality of the evidence showing Defendant’s leadership and strategic involvement in and advocacy for armed and violent actions against the federal government, combined with Defendant’s preparedness and ready access to weapons sufficient to carry out such violent activities” made Rhodes a “significant risk.”
In addition to the government arguing that allowing Rhodes to leave jail would represent a threat to the public, it probably didn’t help that his wife testified at his hearing. Only his wife—who now lives several states away—didn’t ask for Rhodes to receive bail. She testified that the thought of him getting out was “a living nightmare.”
In addition to expressing concerns for her own safety, Rhodes’ legally separated wife also testified the Oath Keepers founder abused their children and “would regularly brandish guns in their house.”
As WFAA reports, Rhodes’ former wife says that he is abusive, unbalanced, and violent. And she describes him in terms that would seem to fit others involved in the Jan. 6 coup attempt.
Also on the Excellent Reasons That Steward Rhodes Should Remain in Jail list was news that the white supremacist militia leader “installed elaborate escape tunnels in the couple’s backyard, hid unregistered cars in the woods, and purchased hundreds of dollars of razor wire, which Defendant intended to install around the perimeter of the property, concealed from view, ‘in case the feds ever came to his door.'”
So Rhodes was a flight risk, a threat to his wife and children, a general threat to the community, and had vowed not to be captured for his crimes. These are not the kind of things that make a judge grant bail.
On Tuesday, Rhodes and nine other members of the Oath Keepers pleaded “not guilty” to charges of seditious conspiracy. These are the most serious charges so far levied by the Department of Justice in the ongoing investigation of the assault on the Capitol on Jan. 6. The charges against Rhodes and the other members of the Oath Keepers are particularly important because they speak not just to their particular actions on Jan. 6, but to the planning that went on before that date and the intent of the Oath Keepers to interfere in the final tally of electoral votes.
Motions filed by the Department of Justice in this case also reveal that the Oath Keepers obtained bases and stored caches of weapons and ammunition around Washington, D.C., anticipating the opportunity to engage in armed conflict. Among those yet to plead are Rhodes’ fellow Oath Keeper Edward Vallejo, who worked with Rhodes before, during, and after the insurgency on Jan. 6 to “probe the defenses” of federal police and look for opportunities to attack the Capitol. In the words of the charging document: “Vallejo played a central role in the plot to oppose by force American laws governing the transfer of presidential power. He volunteered to travel across the country to support this plot; stationed himself in a hotel full of firearms, ammunition, and equipment; affirmed his commitment to the mission during the Capitol attack; and expressed support for the plot in the immediate aftermath of the attack.” Vallejo and Rhodes coordinated their efforts on Jan. 6, hoping for the opportunity to use their arsenal of weapons.
According to Rhodes’ own indictment, Vallejo and the others charged in the conspiracy were serving under his command. They “were prepared to answer Rhodes’s call to take up arms at Rhodes’s direction.”
In describing her estranged husband, Rhode’s wife provided another description that seems all too familiar for others who took part in Jan. 6: