Retired Navy intelligence officer Thomas Caldwell, who had been acquitted of seditious conspiracy and other charges in connection with the U.S. Capitol attack trial alongside Oath Keepers founder Stewart Rhodes, avoided additional prison time during his sentencing on Friday. Caldwell was found not guilty by a jury in Washington’s federal court of the most serious charges brought by the Justice Department related to the events of January 6, 2021. One of the two counts he was convicted of at trial was ultimately dismissed following a U.S. Supreme Court ruling last year.
During the trial, prosecutors alleged that Caldwell had assisted in coordinating “quick reaction force” teams for the Oath Keepers outside the nation’s capital, purportedly to provide weapons to extremists if necessary. However, the weapons were never used, with defense attorneys for the Oath Keepers contending that they were intended solely for defensive purposes in the event of potential attacks from left-wing activists. Caldwell, who did not enter the Capitol on January 6, testified in court and downplayed the significance of messages he had sent prior to the events, including one discussing the idea of using a boat to transport “heavy weapons” across the Potomac River, which he deemed as mere “creative writing.”
At trial, Caldwell’s legal team emphasized his status as a disabled veteran who sometimes relied on a cane for mobility, arguing that he lacked the physical capacity to engage in any violent activities. Attorney David Fischer asserted that there was no concrete plan to assault the Capitol, highlighting that Caldwell had not initially intended to participate in the events until after former President Trump’s speech on the Ellipse urging his supporters to “fight like hell.”
Prosecutors had pushed for a four-year prison sentence for Caldwell based on his remaining conviction for obstruction of justice related to deleting messages post-riot, characterizing him in court filings as an “avid and willing participant in an unprecedented crime.” However, Fischer contended in court documents that Caldwell’s acquittal on the more serious charges, coupled with his military service that had resulted in significant injuries, warranted a sentence of time served. Caldwell had spent over 50 days in custody following his arrest in 2021.
Fischer expressed satisfaction with the outcome, highlighting Judge Amit Mehta’s decision not to impose additional jail time. Fischer also suggested that Caldwell ought to be considered for a pardon by then-President Trump, who had indicated his intention to potentially pardon a substantial number of individuals facing federal charges in connection with the extensive Justice Department investigation into the Capitol attack.
Among the individuals convicted in relation to the events of January 6, Stewart Rhodes, the founder of the Oath Keepers, was found guilty of seditious conspiracy along with 13 other defendants. Prosecutors contended that the group had engaged in violent schemes to maintain Trump in power. Rhodes is currently serving an 18-year prison sentence as a result of his conviction.
