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.
IN THIS EPISODE:
- 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: https://www.youtube.com/watch?v=u7-HXqCcH4A&t=566s
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. https://youtu.be/vYwlBdzH-ts
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: https://youtu.be/NxdEycbtdo8
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. www.prisonology.com
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: