Elmer Stewart Rhodes III

Case Summary

Elmer Stewart Rhodes III, who goes by his middle name, is a former Army paratrooper, a graduate of Yale Law School and the founder and leader of the far-right, anti-government group the Oath Keepers. Federal prosecutors allege that Rhodes and other members of the Oath Keepers committed seditious conspiracy by plotting to “oppose by force the lawful transfer of presidential power,” which culminated in the Jan. 6, 2021, attack on the U.S. Capitol. That conspiracy, the indictment against Rhodes states, began shortly after the November 2020 presidential election. On Nov. 7, 2020, Rhodes allegedly sent a message to other Oath Keepers in which he said, “We must now do what the people of Serbia did when [President Slobodan] Milosevic stole their election - Refuse to accept it and march en-mass [sic] to the nation’s Capitol.” Later, Rhodes allegedly messaged other Oath Keepers that if Joe Biden assumed office, “it will be a bloody and desperate fight. We are going to have a fight. It can’t be avoided.” Throughout this period, the Justice Department alleges, members of the Oath Keepers communicated over encrypted channels and conducted training in techniques such as “unconventional warfare.” In the lead-up to Jan. 6, 2021, Rhodes allegedly purchased thousands of dollars' worth of firearms and other military-style equipment, such as night-vision goggles and ammunition, and the Oath Keepers discussed plans to have an armed “quick reaction force” available just outside Washington, D.C., prepared to bring “heavy weapons” to the city at a moment’s notice. On the day of the Capitol attack, Rhodes allegedly entered restricted Capitol grounds and was in communication with members of the Oath Keepers who formed military-style stack formations as they breached the Capitol building. There is no evidence that Rhodes entered the building himself. The Justice Department alleges that later that evening, Rhodes had dinner with members of the Oath Keepers “to celebrate their attack on the Capitol and discuss next steps.” In the days after, Rhodes allegedly purchased thousands of dollars of additional weapons and other military-style equipment and encouraged people to form militias to oppose the Biden administration. Rhodes has publicly denied any wrongdoing and defended members of the group who breached the Capitol building. “I don't think they did anything wrong. I don't think they committed any crimes," Rhodes said in July. “Do I think it was stupid? Yeah. Because it left our enemies a chance to demonize and persecute them. But I do not disavow them.” Rhodes was arrested on Jan. 13, 2022.

Case History

Rhodes pleaded Not Guilty to all charges. Jury trial began 9/27/2022. On 11/29/2022, Rhodes was found Guilty on three charges: Seditious Conspiracy, Obstruction of an Official Proceeding, and Tampering with Documents or Proceedings and Not Guilty on the other two charges. Sentenced on 5/25/2023 to 18 years incarceration; 36 months of supervised release; $300 special assessment. A proclamation commutes the sentence to time served as of January 20, 2025

Later Developments

• 2026-08-04 · federal criminal disposition

  The district court dismissed the indictment with prejudice after the appellate court vacated the convictions on May 21, 2026.

  Legal Status: Convictions vacated and indictment dismissed; this does not erase the historical trial record or establish the status of other matters.

  • Development Source
    United States v. Rhodes et al., No. 22-cr-15, memorandum opinion and order, August 4, 2026U.S. District Court for the District of Columbia, court filing via CourtListener2026-10-24

Sources

• Primary Documentation
  NPR Jan. 6 Defendant DatabaseNPR
• Primary Documentation
  Underlying court recordCourt record linked by NPR
• Supporting Reporting
  NPR video evidence pageNPR

The original January 6 case summary, charges, procedural updates and image are drawn from the NPR archive snapshot dated 2026-09-25. Later developments are separately dated and sourced; they concern distinct proceedings and public events.