Caldwell’s role in the Capitol siege gained notoriety after prosecutors revealed private messages he exchanged with other Oath Keepers discussing plans to travel to Washington and participate in efforts to prevent certification of 2020 election results. Caldwell discussed creating a “ rapid reaction force ”, supplied with weaponry, outside the DC boundaries in case Oath Keepers chooses to resort to violence.
The decision is a setback for the Justice Department, as it seeks to show that some elements of the January 6 attack on the Capitol were part of sophisticated cells and organized with the intention of violently blocking the power transition between Donald Trump and Joe Biden. Caldwell is one of about a dozen Oath Keepers arrested as part of the attack.
At a hearing on Thursday, a prosecutor said 15 or more people could be charged in the case of the Oath Keepers conspiracy. Overall, more than 300 people were arrested for participating in the attack on the Capitol, which Attorney General Merrick Garland described as his first priority as the new head of the Department of Justice.
Many inmates cited former President Donald Trump’s months-long campaign to convince supporters that the election was stolen as the reason they were moved to march and violate the Capitol.
Although the judges dismissed this as a criminal defense, Trump’s role has been an inevitable part of the narrative. Mehta repeatedly wondered if the Capitol violation might have been an unplanned aspect of the Oath Keepers’ vague intentions, and it didn’t come until Trump twisted them at an Ellipse rally that morning. He repeatedly referred to the Oath Keepers’ “fantastic” notion that they were called upon to fix some imaginary error.
“It is a pity that they fell victim to these ideas,” said Mehta.
Prosecutors argued that Caldwell poses a risk of violence because he and his allies expressed their belief that the election was stolen even after January 6.
“These factors still exist for them, “said Assistant Prosecutor Kathryn Rakoczy,” that the current political order is problematic and should not be followed. “
The prosecutor noted that Caldwell told a fellow Oath Keeper in a post-January. 6 text message to console himself “because what they did was just”.
Rakoczy said the group was clearly preparing to commit violence, although she acknowledged the timing and the target were not clear in advance.
“The group itself, while making these plans, did not know exactly how force and violence would be needed to support this plan,” she said. “They were prepared to do whatever was necessary to prevent this certification. … The end result of the government’s perspective is that they were prepared to practice violence in any way they needed ”.
Still, Rakozcy admitted that there is no evidence now that anyone in the group spoke or exchanged messages before January 6 about violating the Capitol. “We do not currently have anyone saying explicitly: our plan is to enter the Capitol,” she said.
Mehta acknowledged that the evidence supports the accusations the government has made against Caldwell, but that it falls short of the burden they need to prove he is a danger to the community if he is released while awaiting trial. Instead, Mehta imposed a strict series of release conditions, denying Caldwell access to the internet, firearms and contact with others allegedly associated with the attack on the Capitol.
Mehta also seemed moved by the evidence that Caldwell suffers from serious health problems that require regular medical attention. Caldwell’s lawyer, David Fischer, said his client has “the body of an 85-year-old man” and that his suffering in pre-trial detention up to this point was sufficient motivation to accept whatever conditions Mehta offered.
Prosecutors said they are considering it, but have not yet decided whether to appeal the decision. Mehta, however, rejected a request to suspend his decision until a possible appeal.
Mehta’s decision reversed one he made a month ago to keep Caldwell pending trial. The judge said on Friday that he was not aware of all the relevant facts last month, including a two-hour interview that Caldwell gave the FBI, his cooperation in allowing home and computer searches, and the lack of evidence of involvement. of Caldwell in planning to breach the Capitol.
Several other members of the Oath Keepers remain in detention. They include Jessica Watkins and Donovan Crowl, who were seen together at the Capitol roundabout in several videos posted publicly. Connie and Kelly Meggs, two Florida-based Oath Keepers, were also arrested. Several other Oath Keepers who provided security on January 5 and 6 to Trump associate Roger Stone were also accused of violating the Capitol, but were not connected to the alleged broader conspiracy.
Fischer, who had to instruct Caldwell to stop vocally interrupting proceedings, painted a picture of Caldwell as a decrepit military veteran whose back problems were so severe that his portrait as the leader of the attack was ridiculous. Caldwell was sitting outside the Capitol with his wife near a fountain hundreds of meters from the building’s entrances, Fischer said, and had no access to the encrypted communication channels used by the Oath Keepers who entered the building.
Fischer said any reference his client made to the use of weapons was simply to defend his group if he was attacked by Antifa or if Trump took extraordinary measures to remain in power and leftist activists mounted an attack.
Mehta seemed to recognize that much of the planning revolved around bizarre contingencies, such as the notion that Trump would invoke the act of insurrection and summon the military – a popular belief among extremist groups aligned with Trump and QAnon conspiracy theorists. The judge said it was clear that Caldwell was involved in “preparing an Armageddon-type solution to defend the President of the United States, who claimed that the election had been stolen from him”.
Mehta has repeatedly warned that his decision should not be seen by Caldwell or others as a lessening of the severity of the attack on the Capitol.
“Don’t take that, Mr. Caldwell, as a reflection of my opinion of the seriousness of what you have been accused of or of your conduct,” said the judge at the end of the hearing. “I have standards that I must apply according to the law. … Make no mistake, Mr. Caldwell, if you violate my conditions, you will be back in prison very quickly. “