Justice Department appeals Jan. 6 prison sentences for Stewart Rhodes, Oath Keepers

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.

The sentences reflected the fact that Mehta viewed Rhodes as the key driver of the conspiracies. During sentencing hearings, several of the defendants similarly pointed to Rhodes, claiming they were manipulated and ginned up by him to participate in the attack on the Capitol.

Dozens of Oath Keepers, many of whom were performing security details for speakers at Trump’s Jan. 6 rally, would later join the mob and lead one of the early surges into the building. Once inside, the group split up, with half heading toward the Senate and the other half toward the House. Three Oath Keepers who joined them pleaded guilty to seditious conspiracy and cooperated with prosecutors.

A DOJ spokesperson declined to comment. The court filings are bare-bones, noting the government's objection to the sentences but not providing a rationale, which is likely to come in formal briefs filed in the coming months.

The government's appeals will go to the D.C. Circuit Court of Appeals, located just blocks from the Capitol and in the same federal courthouse where the trials were held. They're likely to be considered in tandem with appeals filed by the same defendants challenging both their convictions and their sentences.