Judge rejects defense effort to throw out an OathKeeper associate’s Jan. 6 guilty verdict

WASHINGTON (AP) — A federal judge on Tuesday upheld an obstruction conviction against a Virginia man who stood trial with members of the Oath Keepers extremist group in one of the most serious cases brought in the Jan. 6, 2021, insurrection.

U.S. District Judge Amit Mehta rejected a defense effort to throw out the Washington jury’s guilty verdict against Thomas Caldwell, a retired U.S. Navy intelligence officer who was convicted last November in the U.S. Capitol attack alongside Oath Keepers founder Stewart Rhodes.

Mehta said there was sufficient evidence to find Caldwell, of Berryville, Virginia, guilty of obstructing an official proceeding — in this case, Congress’ certification of Joe Biden’s 2020 election victory over President Donald Trump — and tampering with documents or proceedings.

The judge said that while Caldwell didn’t enter the Capitol, evidence supports the argument that he aided extremists who stormed the building. The judge pointed to Caldwell’s own words, including a message from the evening of Jan. 6 in which he wrote: “So I grabbed up my American flag and said let’s take the damn capitol … I said lets storm the place and hang the traitors.”

Caldwell and his attorney, David Fischer, appeared remotely on a video conference as the judge read his written ruling. Fischer later said Caldwell was disappointed but respected the court’s decision.

Caldwell was initially charged with seditious conspiracy along with Rhodes and other far-right extremists, and he was described by the Justice Department as a key figure in what prosecutors said was a plot to keep Trump, a Republican, in power after he lost the 2020 election to Biden, a Democrat.

But jurors cleared Caldwell of the sedition charge and two other conspiracy charges after a monthslong trial.

Rhodes was sentenced in May to 18 years in prison after jurors convicted him of seditious conspiracy and other serious charges. The judge delayed Caldwell’s sentencing while he considered his attorney’s challenge to the jury’s verdict. Caldwell’s sentencing is now set for Nov. 16.

Prosecutors alleged Caldwell helped coordinate “quick reaction force” teams stationed outside the capital city that were designed to get weapons into the hands of extremists if they were needed. The weapons were never deployed, and lawyers for the Oath Keepers said they were only there for defensive purposes in case of attacks from left-wing activists.