An alleged Oath Keepers “commander” accused of the deadly Capitol rebellion could be released under house arrest pending trial, a federal judge ruled on Friday, explaining that there was no evidence that he entered the building.
Judge Amit Mehta, of the United States District Court in Washington, DC, said accused organizer Thomas Caldwell may have helped to plan the January 6 uprising, but there is no evidence that he intended to enter the Capitol that day.
“There are no text messages sent by him to actually enter the building or try to enter the building and, ultimately, he did not enter the building,” said Mehta in court, adding: “There is evidence here that I consider favorable to you Caldwell. “
Caldwell’s release was a direct blow to prosecutors, who say he is a direct threat to the community and that he was the mastermind of the Oath Keepers’ plan to disrupt Congressional certification of then-elected President Joe Biden’s victory at the Electoral College. .
In ordering the release of Caldwell, Mehta also said that he suffered from serious medical problems during his arrest; he will wear a GPS monitoring bracelet during home confinement.
Caldwell, of Berryville, Virginia, was arrested in January on charges of conspiracy, obstruction of an official process and destruction of government property.
Caldwell, 65, is one of nine alleged Oath Keepers who were accused of conspiring to attack the Capitol, resulting in the deaths of five people, including a Capitol police officer.
Court documents say that Caldwell was known by other members as “Commander Tom”. He faces up to 20 years in prison if convicted of the crimes.
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