Defendants said they needed more time to review what they said could be critical texts and encrypted messages involving Stewart Rhodes, the most high-profile person charged in the wide-ranging Jan. 6 investigation.
in the case, which was originally set for trial in April and is expected to last about one month, with testimony by one or more defendants. Rhodes was added to the case in January when he and 10 co-defendants were charged in an indictment that stated that he and co-conspirators “planned to stop the lawful transfer of presidential power by January 20, 2021, which included multiple ways to deploy force.
Two of the original group who were indicted have since pleaded guilty and agreed to cooperate with federal prosecutors in exchange for leniency at sentencing — Joshua James, 34, of Arab, Ala., and Brian Ulrich, 44, of Guyton, Ga. A third longtime Oath Keepers member and North Carolina chapter leader, William Todd Wilson, 44, did the same in a stand-alone case Wednesday.in March 2021, saying there was no plan to breach the Capitol.
An attorney for David Moerschel, an accused Oath Keepers member from Florida, renewed a push for a postponement in a court filing Wednesday, saying he believed with Harrelson and Watkins that they could not receive a fair trial in July given how much new evidence they had to review.
Defense attorneys said they could not say how many of the messages were sent or received by co-defendants or their relevance, but agreed such messages are key to proving or disproving the existence of a conspiracy in the case. “The defense must be afforded adequate time to examine the full, raw download of Mr. Rhodes’s phone in order to be prepared for trial,” Weinberg wrote. U.S. prosecutors said the government has turned over material relevant the investigation.
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