A federal judge in Texas ruled Wednesday that the founder of the far-right militia group the Oath Keepers must remain in custody pending his trial on charges in the Jan. 6 attack on the U.S. Capitol.
U.S. Magistrate Judge Kimberly Priest Johnson wrote a 17-sided ruling on Elmer Stewart Rhodes, charged with seditious conspiracy and other counts.
Johnson wrote that evidence shows how Rhodes planned and organized an effort to prevent the peaceful transfer of power and that his authoritative role in the conspiracy, access to substantial weaponry, and ability to finance a future insurrection, coupled with his continued advocacy for violence against the federal government, gives rise to a credible threat. The ruling also states that Rhodes could easily escape, and that the Oath Keepers he leads has members across the nation.
Rhodes, 56, of Granbury, Texas, has been in jail since his arrest Jan. 13.
Prosecutors say that Rhodes co-ordinated a conspiracy in which he recruited people to go to Washington on January 6, 2021, including plans for an armed quick reaction force in Virginia.
They also allege he oversaw two military-style stacks, or formations, that joined other pro-Trump rioters to force their way inside the Capitol.
Attorneys for Rhodes did not respond to a request for comment Wednesday night.
One of the attorneys, James Lee Bright, said they plan to file an appeal in Washington, D.C. Thursday.
His attorneys said that any member of the group that entered the Capitol did so on their own and not at the direction of Rhodes, according to NBC Dallas-Fort Worth. Rhodes is not accused of entering the Capitol.
Attorney Phillip Linder said the federal government sees Rhodes as the poster boy for this movement and I think they are trying to shut him down. Ten other people were also charged earlier this month with seditious conspiracy, some of whom had previously been charged with in the attack on Jan. 6, 2021.
Hundreds of people were arrested and charged with taking part in the riot last year, which occurred when supporters of then-President Donald Trump attacked the Capitol after Joe Biden won the November election.