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Oath Keepers leader testifies 2020 election was ‘unconstitutional,’ paints himself as anti-violence

Collin County / Architect of the Capitol

By Holmes Lybrand and Hannah Rabinowitz, CNN

(CNN) - Stewart Rhodes, the leader of the right-wing Oath Keepers who prosecutors say called for a "bloody revolution" to keep then-President Donald Trump in power, painted himself as an anti-racist Libertarian who believed the 2020 election was unconstitutional as he testified in his own defense on Friday.

Rhodes is the first of the five defendants charged with seditious conspiracy in federal court in Washington, DC, to testify.

The courtroom was packed during his testimony, and Rhodes choked up several times discussing his family, suicide rates among veterans and other subjects highlighted by his lawyer, Phillip Linder. He spoke directly to the jury and appeared very comfortable on the stand.

Rhodes explained to the jury that he didn't believe either Trump or Joe Biden won in 2020 because the election itself was "unconstitutional."

"I believe the election was unconstitutional, and that made it invalid," Rhodes testified. "You really can't have a winner of an unconstitutional election."

Rhodes told the jury that, as he saw it, election laws in several states were changed by "executive fiat" and not through the state legislature.

"In multiple states especially in the swing states ... you had them putting in new rules in direct violation" of state laws, Rhodes said.

"Everyone kept focusing on the computers" and other theories of voter fraud, Rhodes said, instead of the constitutional issues, which they needed to discuss before figuring out "whether there's fraud on the ground."

Rhodes did not detail any specific laws that were changed. CNN has found no evidence of widespread fraud in the 2020 election.

Prosecutors have alleged that Rhodes wanted Trump to remain in power and that the militia leader supported a "bloody revolution" to secure the presidency.

From Yale Law to quick reaction forces

Rhodes told the jury Friday how he was honorably discharged from the military and went on to study law at Yale, focusing his attention on the Bill of Rights -- which Rhodes called "the crown jewel of our Constitution" -- and protecting civilian rights in the wake of the 9/11 terror attacks.

Rhodes, a self-described Libertarian, testified that he founded the Oath Keepers in 2009 to "reach, change and inspire" people about what rights the Constitution afforded them.

Pushing back on what he saw as narratives that the Oath Keepers were racist or white nationalists, Rhodes said the organization traveled to various cities for racial justice protests, claiming the group protected "minority business owners" in Ferguson, Missouri.

"Frankly we kind of embarrassed the police, Rhodes testified, "because we showed them how to do it right, protecting the business owners while still respecting the rights of the protesters."

Oath Keepers rules, Rhodes claimed, specifically bar any member who "advocates for the overthrow of the United States."

During the first several weeks of the seditious conspiracy trial against the far-right organization, prosecutors presented evidence that the Oath Keepers stockpiled weapons at a hotel in Virginia on January 6 as part of a so-called quick reaction force. Prosecutors alleged that the five defendants intended to use those weapons in case called upon by Trump to stop the transfer of power to Biden.

Rhodes told the jury that wasn't the case and claimed that the QRF's were set up at an event the Oath Keepers attended to "respond in case there is an emergency," including if his men were ever injured.

The Oath Keepers also used QRFs every time they provided security, Rhodes said, including several events in Washington, DC. After the election, Rhodes testified he was concerned Antifa would "attack the White House," and claimed the leftist organization was threatening to "drag Trump out" if the president refused to concede.

In November, "I was concerned that this might actually happen," Rhodes told the jury, citing his rhetoric on a recorded meeting prosecutors showed the jury in which Rhodes allegedly said that "there's going to be a fight."

If Antifa did try to attack the White House, Rhodes said that "President Trump could use the Insurrection Act, declare this an insurrection, and use myself and other veterans to protect the White House."

No such attack at the White House occurred.

Rhodes is expected to continue his testimony on Monday.

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