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The Lawfare Podcast

The Justice Department Appeals Oath Keepers Sentences

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 24 July 2023

⏱️ 40 minutes

🧾️ Download transcript

Summary

On July 12, the Justice Department appealed the sentences of seven Oath Keepers convicted for Jan. 6-related crimes. Five have been convicted of seditious conspiracy, and two others were convicted of conspiring to obstruct Congress. Lawfare Intern Gia Kokotakis sat down with Lawfare Senior Editor Roger Parloff, a former lawyer and expert on the Jan. 6 Oath Keepers prosecutions who directly observed the proceedings. They discussed who the defendants are, how their sentences were calculated, and the Justice Department's strategic motivations for filing the appeals.

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Transcript

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0:00.0

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0:14.0

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0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

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0:29.0

The government computes its guidelines and the probation department also computes the guidelines.

0:39.0

But then the court goes through it and very often the court will compute the guidelines a little differently than the government or the probation department.

0:49.0

That's very common and that happened here.

0:52.0

So in some cases he had the same guidelines as the government, like in Rhodes case, but in some cases they were substantially lower.

1:01.0

Even when you look at the court's guidelines, all of his sentences were below the guidelines.

1:07.0

They range from two years below the guidelines to seven years below the guidelines.

1:12.0

So the government was disappointed, obviously.

1:16.0

So Rhodes got ended up getting 18 years instead of 25 years.

1:21.0

Kelly Megs got 12 years instead of 21 years.

1:25.0

Jessica Watkins got 8 and a half years instead of 18 years.

1:30.0

Harrelson got four years instead of 15 years.

1:35.0

I'm Gea Coco Talkers, intern at LawFair.

1:38.0

And this is the LawFair podcast, July 24th, 2023.

1:44.0

On July 12th, the Justice Department appealed the sentences of seven oath keepers convicted for January 6th related crimes.

1:53.0

Five have been convicted of seditious conspiracy and two others were convicted of conspiring to obstruct Congress.

2:00.0

I sat down with Roger Parloff, senior editor at LawFair.

...

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