Prosecutors Appeal Eight Jan. 6 Oath Keepers Prison Sentences as Too Lenient

Prosecutors appealed the Jan. 6 prison terms given to Kenneth Harrelson (left) and seven other members of the Oath Keepers. Saul Loeb / AFP via Getty Images

The U.S. Department of Justice appealed the Jan. 6-related prison sentences given to eight members of the Oath Keepers, concluding that a federal judge in the District of Columbia was too lenient.

Assistant U.S. Attorney Jeffrey Nestler filed notices of appeal in the criminal cases of Oath Keepers founder Elmer Stewart Rhodes III and Oath Keepers Kelly Meggs, Jessica Watkins, Roberto Minuta, Kenneth Harrelson, Joseph Hackett, David Moerschel, and Edward Vallejo.

The unusual DOJ appeals were filed on July 12 with the U.S. Court of Appeals for the District of Columbia in Washington.

At issue are the sentences handed down by U.S. District Judge Amit Mehta that were substantially lower than the prison time sought by federal prosecutors.

Mr. Mehta on May 25 sentenced Rhodes to 18 years in prison for seditious conspiracy, obstruction of an official proceeding, and tampering with documents or proceedings. Prosecutors wanted Rhodes sentenced to 25 years.

“The longest sentence of all the J6 defendants was apparently not long enough for the government,” Edward Tarpley, one of Rhodes’ attorneys, told The Epoch Times in a text message. “Frankly, I was shocked.”

Oath Keepers founder Elmer Stewart Rhodes III speaks to other Oath Keepers on the east side of the Capitol on Jan. 6, 2021. Ford Fischer/News2Share

Tarpley said he believes the government’s unusual decision to appeal the sentences came from the top levels of the DOJ and not from the line attorneys who handled the prosecutions.

Rhodes was found guilty on three charges and acquitted on two others after a more than two-month jury trial held in Washington in the fall of 2022.

Less Prison Time

The other sentences being appealed by the DOJ include Meggs, 12 years in prison, Watkins, 8.5 years; Roberto Minuta, 4.5 years; Harrelson, 4 years; Joseph Hackett, 3.5 years; Moerschel, 3 years; and Edward Vallejo, 3 years. Defendant Thomas Caldwell was found guilty of two Jan. 6 charges on Nov. 29, 2022, but has not been sentenced.

In those cases, prosecutors recommended prison terms from 10 to 21 years.

The defendants, who were also sentenced by Mr. Mehta to varying lengths of supervised release following prison, have filed their own appeal notices seeking to overturn the judgments of conviction.

“While we are disappointed at the government’s decision to appeal Mr. Harrelson’s sentence, it will ultimately be up to the appellate court to review the case and make a determination,” defense attorney Brad Geyer told The Epoch Times in a statement on July 13.

“Let’s hope for a fair and just resolution, but we believe the Honorable Judge Mehta used appropriate discretion in departing so far downward from the government’s recommended sentence,” Geyer said. “We say that with unfailing certainty in Mr. Harrelson’s innocence.”

Prosecutors sought a 15-year prison term for Harrelson, but Mr. Mehta said he did not believe Harrelson is the man he was painted to be by the DOJ.

Members of the Oath Keepers group stand on the East Front of the U.S. Capitol in Washington on Jan. 6, 2021. Manuel Balce Ceneta/AP Photo

The appeals are the latest dramatic twist in the high-profile prosecution of the Oath Keepers, who have been the centerpiece of the historic far-reaching criminal investigation.

The DOJ has charged more than 1,000 people for alleged crimes at the Capitol following then-President Donald Trump’s speech on Jan. 6, 2021.

Oath Keepers were sentenced for attempting to interrupt or impede the ceremonial counting of Electoral College votes from the 2020 presidential election before a joint session of Congress.

Prosecutors contend the Oath Keepers conspired and committed criminal acts to prevent Democrat Joe Biden from being sworn in as the 46th president in January 2021. Rhodes said he was subjected to a “show trial,” and contends he was prosecuted for constitutionally protected political speech.

In each of the criminal cases cited in the DOJ appeal notices, Mr. Mehta imposed far less prison time than recommended by prosecutors under federal sentencing guidelines.

Sentencing Commission

Judges are not bound by federal sentencing guidelines published by the United States Sentencing Commission, an independent agency in the judicial branch. The first sentencing guidelines were implemented in November 1987.

Sentencing guidelines use a formula that aims to balance the type of criminal offense involved, aggravating factors such as terrorism, a defendant’s criminal history, whether weapons were used or violence committed, whether the defendant has accepted responsibility for the crimes, and other factors.

Other Oath Keepers, including Joshua James, Brian Ulrich, Jason Dolan, Jon Schaffer, Graydon Young, Mark Grods, Caleb Barry, and William Todd Wilson, were found guilty of Jan. 6 crimes as part of plea deals. Because they continue to cooperate with the FBI and prosecutors, those defendants have not yet been sentenced.

Six defendants from the third Oath Keepers trial held in February and March await sentencing hearings.

The latest Oath Keepers trial ended on July 12 with Donovan Ray Crowl found guilty by Mr. Mehta of civil disorder and conspiracy to obstruct an official proceeding. Co-defendant James Beeks was acquitted on the same counts, becoming the first Oath Keeper cleared on all Jan. 6 charges.

Crowl and Beeks chose a stipulated bench trial, in which both sides agreed to the facts in the case, and Mr. Mehta rendered the verdicts without hearing witness testimony.