now to the already charged in the insurrection. today the highest profile defendant the leader of the oath keepers stewart rhodes will get a judge s decision on whether or not to be released from jail before the trial date this year. the attorneys arguing in a 41-page brief no evidence he conspired to block congress to certify the election. his lawyers argue that the oath keepers there as security teams and only entered the capitol quote after learning of a shooting and that there were people in need of medical attention in the capitol building. rose is facing a seditious conspiracy charge. joining us now is frank