Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem


After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the “OathKeepers” was given the longest sentencing to date for any 1/6 defendant.

Here, we monday-morning quarterback every aspect of Rhodes’ sentencing.  There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. 

Helping us get Set for Sentencing, my great friend and colleague, Mark Allenbaugh.


  • Checking in on our guideline predictions from from an earlier episode (on YouTube only) entitled “Sedition Edition” (link below);
  • The somewhat circuitous, but still devastating application of the terrorism enhancement;
  • A statistical reality check for those who feel Elmer got a big break at sentencing;
  • Life expectancy analysis of Rhodes and how his lawyers missed properly arguing it;
  • Analyzing arguments under the “3Rs” of sentencing narrative (Revelation, Relativity, Redemption);
  • Analysis of the stellar written pleadings of the government and the abysmal defense memo;
  • Predicting how much time will Mr. Rhodes will actuall serve;
  • Where he might serve his time and what will his conditions of confinement potentially look like.


SEDITION EDITION – in this early episode, Mark and I did full-on guideline predictions of this case.  Were they all spot on?  Check out this YouTube bonus episode:

Ep. 35:  TRUMP THE TERRORIST?  Rhodes got a “terrorism enhancment” under the federal sentencing guidelines.  We did a deep dive into this in an earlier ep as well, looking at what might happen if Trump ever gets indicted for crimes related to 1/6.

Ep. 53:  The ZIPPO is on Fire! In today’s episode, we discuss how Rhodes wasn’t eligible for the zero point offender reduction (i.e. the ZiPpO) because he was a “leader/organizer” under the guidelines.  If you wanted more info about the ZIPPO, here’s that link:

Walt Pavlo & Maureen Baird: We got some great input from our friends Walt and Maureen.  Walt founded Prisonology, a top line prison consultancy.  Unlike some other so-called prison consultants, Prisonology’s expertise goes well beyond the fact that Walt spent some time in federal prison.  He has amassased a team of true experts, most of whom were former high-level  BOP officials.


I do (another) deep dive into the “3Rs of Sentencing Narrative.”  If this is somehow new to you, and you haven’t downloaded my article on this, here’s the link for a FREE DOWNLOAD of my article from NACDL’s, The Champion:  

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