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Caldwell’s role in the Capitol Building gained notoriety after prosecutors unearthed private messages he exchanged with other Oath Keepers discussing his intention to travel to Washington and participate in efforts to arrest certification of the 2020 election results. Caldwell discussed setting up a “rapid reaction force”, armed with weapons, outside of DC boundaries should Oath Keepers choose to resort to violence .
The ruling is a setback for the Justice Department as it seeks to show that some elements of the Jan.6 attack on Capitol Hill were part of sophisticated and organized cells aimed at violently blocking the transition of power between Donald Trump and Joe Biden . Caldwell is one of a dozen Oath Keepers arrested in connection with the attack.
At a hearing Thursday, a prosecutor said 15 or more people could potentially be charged in the Oath Keepers conspiracy case. More than 300 people have been arrested overall for participating in the assault on Capitol Hill, which Attorney General Merrick Garland described as his top priority as the new Justice Department chief.
Many of those arrested cited former President Donald Trump’s months-long campaign to convince supporters that the election was stolen as the reason they were pressured into marching and crossing Capitol Hill.
Although judges largely dismissed this as a criminal defense, Trump’s role has been a staple part of the narrative. Mehta has repeatedly questioned whether the Capitol breach was perhaps an unforeseen aspect of the Oath Keepers’ more vague intentions, and only came after Trump torpedoed them during a rally on the Ellipse. this morning. He repeatedly referred to the Oath Keepers’ “fantastic” notion that they had been called upon to right an imaginary mistake.
“It’s a shame that they fell victim to these ideas,” Mehta said.
Prosecutors had argued Caldwell posed a risk of violence because he and his allies continued to believe the election was stolen even after January 6.
“These factors still exist for them, “said US Deputy Prosecutor Kathryn Rakoczy,” that the current political order is problematic and should not be followed. “
The prosecutor noted that Caldwell told another oath keeper in a post-January. 6 text messages to take comfort “because what they did was right.”
Rakoczy said the group was clearly preparing to commit violence, although she recognized the timing and the goal was not clear in advance.
“The group itself, as it drew up these plans, was unsure of precisely how force and violence might be needed to support this plan,” she said. “They were ready to do whatever it takes to stop this certification. … The bottom line, from the government’s point of view, was that they were prepared to do violence in any way they needed to.
Still, Rakozcy admitted that there was no evidence at this time that anyone in the group spoke or exchanged messages before January 6 about a Capitol violation. “We don’t have at this point someone who says explicitly: our plan is to enter the Capitol,” she said.
Mehta admitted that the evidence supports the government’s charges against Caldwell, but falls short of the burden they need to prove he poses a danger to the community if he is released pending release. his trial. Instead, Mehta imposed a stringent set of release conditions, denying Caldwell access to the internet, guns, and contact with others allegedly associated with the assault on Capitol Hill.
Mehta also seemed moved by the evidence that Caldwell suffers from serious health issues that require regular medical attention. Caldwell’s attorney David Fischer said his client had ‘the body of an 85-year-old man’ and his suffering in pre-trial detention so far was motivating enough to comply with any conditions Mehta would offer .
Prosecutors said they are considering, but have yet to decide to appeal the decision. Mehta, however, denied a request to stay her decision pending a possible appeal.
Mehta’s decision overturned one he made a month ago to hold Caldwell on trial. The judge said on Friday he was unaware of all the relevant facts last month, including a two-hour interview that Caldwell gave to the FBI, his cooperation in allowing searches of his home and computer , and the lack of evidence of Caldwell’s involvement in planning to cross the Capitol.
Several other members of the Oath Keepers are still detained. They include Jessica Watkins and Donovan Crowl, who have been seen together in the Capitol Rotunda in various publicly released videos. Connie and Kelly Meggs, two Florida-based Oath Keepers, were also arrested. Several other Oath Keepers who provided security Jan. 5 and 6 to Trump’s associate Roger Stone have also been charged with violating the Capitol, but they have not been linked to the larger alleged plot.
Fischer, who had to order Caldwell to stop vocally interrupting the proceedings, painted a picture of Caldwell as a decrepit military veteran whose back problems were so severe it made his portrayal as a leader laughable of the attack. Caldwell sat outside the Capitol with his wife near a fountain hundreds of yards from the building’s entrances, Fischer said, and did not have access to the encrypted communication channels used by Oath Keepers who entered building.
Fischer said any reference his client made to the use of weapons was simply to defend his group if it was attacked by Antifa or if Trump took extraordinary steps to stay in power and left-wing activists mounted an attack. .
Mehta seemed to recognize that much of the planning revolved around bizarre contingencies, such as the idea that Trump would invoke the act of insurgency and call in the military – a popular belief among extremist groups aligned with the theorists of the Trump and QAnon plot. The judge said it was clear that Caldwell had been involved in “preparing an Armageddon-type solution to defend the President of the United States, who claimed the election was stolen from him.”
Mehta has repeatedly warned that his move should not be viewed by Caldwell or others as lessening the severity of the attack on the Capitol.
“Do not take this, Mr. Caldwell, to reflect my opinion on the seriousness of what you have been charged with or of your conduct,” the judge said at the end of the hearing. “I have standards that I am supposed to apply under the law. … Make no mistake, Mr. Caldwell, if you break my terms, you’ll be back in jail very quickly.
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