The seditious conspiracy trial against Oath Keepers founder Rhodes and four associates charged in the U.S. Capitol attack is highlighting intelligence failures in the run-up to Jan. 6, 2021.
Jurors in the Washington trial, which is expected to last several more weeks, have received a trove of evidence from prosecutors. That includes Rhodes’ secretly recorded call on Nov. 9, 2020, encrypted messages and surveillance footage from the Virginia hotel where the Oath Keepers stashed weapons for a “quick reaction force” that could quickly run guns into the capital if they were needed.
Jurors also watched video of a speech Rhodes gave in December 2020 in Washington, where thousands of Trump supporters came to rally behind the then-president’s election lies. Rhodes urged Trump to invoke the Insurrection Act, which gives presidents wide discretion to decide when military force is necessary, to call up a militia and “drop the hammer” on the “traitors.
An FBI agent acknowledged on the stand that the bureau first received a tip about the call in November 2020. Pressed by a defense lawyer about why the FBI didn’t investigate at the time, another agent said the FBI receives thousands of tips a day. The tip wasn’t ignored, but was “filed away for possible future reference,” the agent said.The Nov. 9 call appears to have been to discuss plans for a “Stop the Steal” rally in Washington that would happen days later, not the Jan. 6 insurrection.
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