As several members of the far-right militia the Oath Keepers prepare for trial on charges related to the Capitol riot, a curious question has emerged: how exactly are they paying for their lawyers?
Turns out, some are receiving financial assistance from a nonprofit group founded by former Trump attorney and profligate conspiracy theorist Sidney Powell, according to a new investigation by Buzzfeed News.
Powell became the subject of right-wing fascination when she presented outrageous (and false) accusations about the 2020 presidential election, infamously promising to “release the kraken” to prove that Democrats stole the presidency. Capitalizing on her increased media exposure, Powell founded a nonprofit in December 2020 in order “to defend the constitutional rights of all Americans.” She since raised at least $15 million dollars.
Buzzfeed reports:
Since October, the organization, Defending the Republic, has been making monthly payments to the defense attorney for Kelly Meggs, a member of the militant group the Oath Keepers who is charged with seditious conspiracy for his role in the Jan. 6 Capitol riot. In an interview, the attorney, Jonathon Moseley, said he was aware of “at least three or four other defendants who have that arrangement” as well. The Oath Keepers’ general counsel, Kellye SoRelle, said that one of those others is the group’s founder, Stewart Rhodes. Offered the chance to deny that, his lawyers said they don’t discuss funding.
Powell’s funding appears to come with some strings attached that might backfire on its recipients. More from Buzzfeed:
Powell’s involvement in the Oath Keepers case helps explain how some of the defendants, most of whom are far from wealthy, have been able to work with private attorneys who charge hundreds of dollars an hour rather than court-appointed lawyers. But it also raises questions as to who is dictating their defense strategy. In recent months, defense attorneys have raised many of the same far-flung conspiracies about COVID-19, antifa, and the deep state that appeared in lawsuits against the federal government filed by Powell herself.
Such tactics have raised eyebrows among some attorneys representing members of the Oath Keepers who are not receiving outside funding. They question whether the unorthodox legal filings are hurting, rather than helping, their case. The filings have also brought rebukes from the federal judge overseeing the case and, in the case of Moseley, a threat of sanction. “Counsel for Mr. Meggs is admonished to keep the moralizing and sermonizing out of his motions,” Judge Amit Mehta wrote in late January. “These proceedings will not become a platform for counsel’s personal political views.”
Moseley, Meggs’ lawyer, told Buzzfeed that his compensation is “ok” and roughly equivalent to what a court-appointed attorney would receive.
The outlet notes that several Oath Keepers are represented by public defenders and others have used crowd funding to pay for their legal representation.
Both Powell and Defending the Republic have their own legal challenges. Powell faces defamation suits worth over $4 billion after she accused several election companies of corruption. Defending the Republic was served a grand jury subpoena in a criminal investigation related to its fundraising practices, which may have begun before the group was officially incorporated.
