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Judge to rule soon on whether to release North Texas militia leader charged in Capitol riot

In this 2017 file photo, Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington. Rhodes has been arrested and charged with seditious conspiracy in the Jan. 6 attack on the U.S. Capitol.
Susan Walsh/Associated Press file
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AP
In this 2017 file photo, Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington. Rhodes has been arrested and charged with seditious conspiracy in the Jan. 6 attack on the U.S. Capitol.

A federal judge said Monday she will make a decision within the next day or two whether a North Texas man should remain in custody as he awaits trial for his alleged role in last year’s Capitol riot.

Stewart Rhodes, founder of the Oath Keepers, a far-right militia group, is accused of seditious conspiracy and other charges for attempting to violently overturn the results of the 2020 presidential election during the insurrection.

Rhodes’ most recent address is in Granbury, southwest of Fort Worth. He pleaded not guilty at a separate hearing earlier this month.

Rhodes on Monday sat shackled in a black and white jumpsuit in a federal courtroom in Plano as federal judge Kimberly C. Priest Johnson heard arguments from the federal prosecutors and Rhodes’ attorneys.

U.S. Attorney Kathryn Rakoczy said it's difficult to imagine a “greater risk to society” and that Rhodes should remain in jail at least until his trial.

Rakoczy called FBI Special Agent Michael Palian to the stand and questioned him on Rhodes’ activities before, during and after the Capitol riot. Palian said Rhodes frequently used the words “civil war” and “revolution” in encrypted messages with associates.

Investigators say Rhodes planned a siege on the Capitol, transporting weapons in an attempt to intimidate members of Congress. Palian said Rhodes spent over $20,000 in firearms and related accessories.

Rhodes did not enter the Capitol building.

Phillip Linder, an attorney for Rhodes, says he was only at the Capitol to provide security for speaker events that day.

“People have misconstrued the reason he was there,” Linder said. “He was there to provide security for two different speakers and he was speaking at two different events that day. They've [misconstrued] that he's just there to overthrow the Capitol.”

Lawyers for Rhodes say there’s no evidence to show he poses a danger or flight risk. They say he has cooperated with law enforcement.

Got a tip? Email Pablo Arauz Peña at parauzpena@kera.org

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Pablo Arauz Peña