What Happened to Elmer Stewart Rhodes III?
Stewart Rhodes, the founder of the far-right Oath Keepers militia, was convicted of seditious conspiracy and other charges related to the January 6th Capitol attack in November 2022 and sentenced to 18 years in prison in May 2023. His sentence was commuted by President Donald Trump on January 20, 2025, leading to his release from prison. Most recently, in August 2026, his seditious conspiracy conviction, along with those of other Oath Keepers, was formally dismissed by a federal judge following a Justice Department request.
Quick Answer
Stewart Rhodes, the founder of the Oath Keepers, was convicted of seditious conspiracy for his role in the January 6th Capitol attack and sentenced to 18 years in prison in 2023. However, his sentence was commuted by President Donald Trump in January 2025, leading to his release from federal prison. As of August 4, 2026, a federal judge formally dismissed his seditious conspiracy conviction, along with those of other Oath Keepers, following a request from the Justice Department under the Trump administration, effectively wiping his criminal record clean for these charges.
📊Key Facts
📅Complete Timeline14 events
Born in Fresno, California
Elmer Stewart Rhodes III was born in Fresno, California.
Graduated from Yale Law School
Rhodes graduated from Yale Law School, where he won an award for a research paper on enemy combatants.
Founded the Oath Keepers
Stewart Rhodes founded the Oath Keepers, a far-right anti-government militia, in Lexington, Massachusetts.
Disbarred by Montana Supreme Court
Rhodes was disbarred by the Montana Supreme Court for violating the Montana Rules of Professional Conduct.
January 6th Capitol Attack
Members of the Oath Keepers, led by Stewart Rhodes, participated in the January 6th United States Capitol attack, aiming to disrupt the peaceful transfer of presidential power.
Arrested and Charged with Seditious Conspiracy
Stewart Rhodes and nine other Oath Keepers members were arrested and charged with seditious conspiracy for their roles in the Capitol attack.
Convicted of Seditious Conspiracy
After a nine-week trial, Rhodes was convicted of seditious conspiracy and evidence tampering, marking the first such conviction since 1995.
Sentenced to 18 Years in Prison
Rhodes received an 18-year prison sentence, the longest imposed on a January 6th defendant at that time, for his role in the seditious conspiracy.
Sentence Commuted by President Donald Trump
On his first day back in office, President Donald Trump commuted Stewart Rhodes's 18-year prison sentence.
Released from Federal Prison
Following President Trump's commutation, Stewart Rhodes was released from federal prison.
Visited Capitol Hill Post-Release
Days after his release, Stewart Rhodes was seen visiting Capitol Hill, though he stated he did not enter the Capitol building.
Stated No Longer Part of MAGA Movement
While guest-hosting for Alex Jones, Rhodes stated he was no longer part of the Make America Great Again movement due to Trump's involvement in the 2026 Iran war.
DOJ Files to Dismiss Seditious Conspiracy Convictions
The Justice Department filed a request to dismiss the seditious conspiracy convictions for Stewart Rhodes and other January 6th defendants, aiming to wipe their criminal records clean.
Federal Judge Dismisses Seditious Conspiracy Conviction
U.S. District Judge Amit Mehta granted the Justice Department's bid to dismiss the seditious conspiracy convictions of Stewart Rhodes and other Oath Keepers, formally tossing out the convictions.
🔍Deep Dive Analysis
Elmer Stewart Rhodes III, born in 1966 in Fresno, California, is an American former attorney and the founder of the far-right anti-government militia group, the Oath Keepers. After graduating from Yale Law School in 2004 and clerking for the Arizona Supreme Court, Rhodes founded the Oath Keepers in March 2009, an organization that primarily recruits active-duty military personnel, veterans, and law enforcement officers, urging them to disobey orders they believe violate the U.S. Constitution. Rhodes was disbarred by the Montana Supreme Court in 2015 for violating professional conduct rules.
Rhodes and the Oath Keepers gained significant national attention for their involvement in the January 6, 2021, United States Capitol attack. Prosecutors alleged that Rhodes orchestrated a weekslong plot to disrupt the peaceful transfer of power from then-President Donald Trump to Joe Biden. On January 13, 2022, Rhodes and nine other members of the Oath Keepers were arrested and charged with seditious conspiracy, a rare charge not successfully prosecuted since 1995. After a nine-week trial, Rhodes was convicted on November 29, 2022, of seditious conspiracy and evidence tampering.
On May 25, 2023, Stewart Rhodes received an 18-year prison sentence, the longest handed down to any January 6th defendant at that time, for his role in the attack. Both Rhodes and the Department of Justice filed appeals, with the DOJ seeking longer terms. However, a significant turning point occurred on January 20, 2025, when President Donald Trump, on his first day back in office, commuted Rhodes's sentence along with those of several other individuals involved in the January 6th attack. Rhodes was subsequently released from federal prison on January 21, 2025, and was even seen visiting Capitol Hill the following day.
The most recent development came in April 2026, when the Justice Department, under the Trump administration, filed a request to dismiss the seditious conspiracy convictions for Rhodes and other Oath Keepers. This move aimed to vacate their appeals and send the cases back to the trial court for dismissal, effectively wiping their convictions clean. On August 4, 2026, U.S. District Judge Amit Mehta, while expressing strong disagreement with the decision, granted the Justice Department's bid to dismiss the cases against Rhodes and other Oath Keepers members. This ruling formally tossed out their seditious conspiracy convictions, marking the closure of these high-profile January 6th prosecutions.
What If...?
Explore alternate histories. What if Elmer Stewart Rhodes III made different choices?