Caldwell’s role in the Capitol siege gained notoriety after prosecutors unearthed private messages he exchanged with fellow Oath Keepers about plans to travel to Washington and participate in efforts to stop the certification of the 2020 election results . Caldwell discussed the establishment of a ‘rapid reaction force’, filled with weapons, outside DC borders, should Eath Keepers decide to use force.
The decision is a setback for the Department of Justice, as it seeks to show that some elements of the January 6 attack on the Capitol were part of sophisticated and organized cells that violently sought to block the transition of power between Donald Trump and Joe Biden. Caldwell is one of about a dozen oath-takers arrested as part of the attack.
A prosecutor said during a trial on Thursday that 15 or more people could eventually be charged in the Oath Keepers conspiracy case. More than 300 people have generally been arrested for participating in the attack on the Capitol, which Merrick Garland, the attorney general, describes as his first priority as the new head of the justice department.
Many of those arrested cited former President Donald Trump’s month-long campaign to convince supporters that the election was stolen as the reason they moved to enter the Capitol.
Although judges largely rejected it as a criminal defense, Trump’s role was an inevitable part of the story. Mehta repeatedly questioned whether the Capitol violation could not have been an unplanned aspect of the sworn guards’ vague intention, and only arose after Trump administered them at a rally on the Ellipse that morning. He repeatedly referred to the ‘fantastic’ view of the oath-keepers that they had invoked an imaginary mistake.
“It’s unfortunate that they have fallen victim to these ideas,” Mehta said.
Prosecutors argued that Caldwell posed a risk of violence because he and his allies expressed a firm belief that the election was stolen even after January 6.
‘The factors still exist for them, “said U.S. attorney Kathryn Rakoczy,” that the current political order is something that is problematic and should not be followed. “
The prosecutor noted that Caldwell told a fellow swearer in a post-Jan. 6-text message to get comfort “for what they did was just.”
Rakoczy said the group was clearly preparing to commit violence, although she acknowledged the timing and the target was not clear in advance.
“The group itself, while estimating these plans, did not know exactly how much violence and violence would be needed to support this plan,” she said. “They were willing to do whatever it took to stop the certification. … The core of the government’s perspective is that they are willing to commit violence in whatever ways they need to. ”
Rakozcy, however, conceded that there is currently no evidence that anyone in the group spoke before January 6 or exchanged messages about the Capitol violation. “At this stage we do not have anyone who explicitly says: our plan is to enter the Capitol,” she said.
Mehta admitted that the evidence supports the allegations made by the government against Caldwell, but that it does not have the burden they need to prove that he is a danger to the community if he is released. Mehta had instead imposed a strict set of release conditions and denied Caldwell access to the internet, firearms and contact with others allegedly related to the attack on Capitol.
Mehta also appears moved by evidence that Caldwell has serious health issues that require regular medical attention. Caldwell’s attorney, David Fischer, said his client had an ’85-year-old man’s body’ and that his suffering in the provisional detention up to this point was the motivation to meet the conditions Mehta would offer.
Prosecutors said they were considering it, but have not yet decided whether to appeal the verdict. Mehta, however, rejected a request to stay his decision pending a possible appeal.
Mehta’s decision was made a month ago to try Caldwell pending trial. The judge said Friday he was unaware of all the relevant facts last month, including a two-hour interview Caldwell gave to the FBI, his cooperation in allowing a search of his home and computer, and the lack of evidence of Caldwell’s involvement in planning to violate the Capitol.
Several other members of the Oathkeepers remain detained. They include Jessica Watkins and Donovan Crowl, who were seen together in the Rotunda of the Capitol in various videos posted in public. Connie and Kelly Meggs, two of Oath Keepers in Florida, were also detained. Several other oath-takers who provided security to Trump co-worker Roger Stone on Jan. 5 and 6 are also charged with violating the Capitol, but they are not linked to the broader alleged conspiracy.
Fischer, who had to instruct Caldwell to stop interrupting the proceedings vocally, painted a picture of Caldwell as a decrepit military veteran whose back problems were so severe that he could make his portrayal as the main leader of the attack ridiculous. Caldwell was sitting with his wife outside the Capitol near a fountain hundreds of feet from the building’s entrances, Fischer said, and had no access to the encrypted communication channels used by Oath Keepers who entered the building. .
Fischer said that any reference his client made to the use of weapons was merely to defend his group if it were attacked by Antifa or if Trump took extraordinary action to stay in power and left activists attack. make.
Mehta seems to acknowledge that much of the planning revolves around bizarre contingencies, such as the idea that Trump would call for the resurrection and call in the military – a popular belief among extremist groups similar to Trump and QAnon conspiracy theorists. The judge said it was clear Caldwell was involved in “preparing for an Armageddon-type solution to defend the president of the United States, who claims the election was stolen from him.”
Mehta has repeatedly warned that his verdict should not be seen by Caldwell or others as reducing the severity of the attack on the Capitol.
“Do not take it, Mr. Caldwell, as a reflection of my view of the seriousness of what you have been charged with or of your conduct,” the judge said at the conclusion of the trial. ‘I have standards that I have to apply by law. … Make no mistake, Mr Caldwell, if you violate my terms, you will be back in jail very soon. ‘