The Justice Department on Wednesday appealed the sentences handed down to seven members of the Oath Keepers — including founder Stewart Rhodes — for their roles in the Jan. 6 attack on the Capitol, a signal that prosecutors are not satisfied with the severity of the jail terms delivered by the federal judge overseeing the case.
U.S. District Court Judge Amit Mehta sentenced Rhodes to 18 years in prison — the harshest sentence for any Jan. 6 defendant — reflecting his leadership of what Mehta characterized as a dangerous criminal conspiracy aimed at violently derailing the transfer of presidential power.
Nevertheless, the sentence for the Yale Law School graduate and disbarred attorney was seven years shorter than the 25-year prison term
prosecutors recommended and four years below an agreed-upon “guidelines range” based upon Rhodes’ conduct.
In a series of filings, prosecutors also signaled they were appealing the sentences — all delivered by Mehta, an appointee of President Barack Obama — of several other defendants convicted for their own role in Rhodes’ alleged conspiracy.
Many of Rhodes’ coconspirators faced sentences that similarly fell below the guidelines ranges for their conduct — in some cases by several orders of magnitude. Among those who, like Rhodes, were convicted of seditious conspiracy:
- Florida Oath Keeper leader Kelly Meggs received a 12-year term; DOJ sought 21 years.
- Roberto Minuta of New York was sentenced to 4.5 years; DOJ sought 17 years.
- Joseph Hackett of Florida received a 3.5-year sentence; DOJ sought 12 years.
- Ed Vallejo of Arizona received a 3-year sentence; DOJ sought 17 years.
- David Moerschel of Florida was sentenced to three years: DOJ sought 10 years.
DOJ also appealed the conviction of two Oath Keepers acquitted of seditious conspiracy but convicted of conspiring to obstruct Congress:
- Jessica Watkins of Ohio, who was sentenced to 8.5 years in jail; DOJ sought 18 years.
- Kenneth Harrelson of Florida, who was sentenced to 4 years; DOJ sought 15.