Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Navy veteran cleared of conspiracy charges in high-profile Jan. 6 case is sentenced to time served

A retired Navy intelligence officer has avoided additional prison time after he was cleared of the most serious charges in his U.S. Capitol attack trial alongside Oath Keepers founder Stewart Rhodes

Alanna Durkin Richer
Friday 10 January 2025 18:53 EST
Capitol Riot Remembrance
Capitol Riot Remembrance (Copyright 2021 The Associated Press. All rights reserved.)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A retired Navy intelligence officer who was cleared of the most serious charges in his U.S. Capitol attack trial alongside Oath Keepers founder Stewart Rhodes avoided additional time behind bars when he was sentenced on Friday.

Thomas Caldwell was acquitted by a jury in Washington's federal court of seditious conspiracy and two other conspiracy offenses in one of the most serious cases brought by the Justice Department in the Jan. 6, 2021, attack. And one of two counts he was found guilty on at trial was dismissed in light of a U.S. Supreme Court ruling last year.

Prosecutors had alleged at trial that Caldwell helped coordinate ā€œquick reaction forceā€ teams prosecutors said the Oath Keepers stationed outside the capital city 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.

But Caldwell, who didn't enter the Capitol, took the witness stand and played down messages he sent leading up to Jan. 6, including one floating the idea about getting a boat to ferry ā€œheavy weaponsā€ across the Potomac River. Caldwell said he was never serious about it, calling it ā€œcreative writing.ā€

His lawyer noted at trial that Caldwell was a disabled veteran who sometimes uses a cane to walk, telling jurors he ā€œcouldnā€™t storm his way out of a paper bag.ā€ Attorney David Fischer argued that there was no plot to attack the Capitol, saying his client wasnā€™t even planning to go to the building until Trumpā€™s speech on the Ellipse urging his supporters to ā€œfight like hell."

Prosecutors had sought four years in prison for Caldwell on his remaining obstruction of justice offense conviction for deleting messages after the riot. Prosecutors described him in court papers as ā€œan avid and willing participant in an unprecedented crime.ā€

Caldwell's attorney told U.S. District Judge Amit Mehta in court documents that his client's acquittal on the conspiracy charges and ā€œmilitary service that resulted in a lifetime of debilitating injuries" call for a sentence of time served. He spent more than 50 days behind bars after his 2021 arrest.

ā€œMr. Caldwell was cleared of the four most serious counts and sentenced to no additional jail time by a highly respected federal judge," Fischer said in an email. "Obviously, he should be considered for a pardon by President Trump.ā€

Trump has suggested he will pardon at least a large portion of the than 1,500 people who have been charged with federal crimes in the largest investigation in Justice Department history.

Rhodes, the Oath Keepers founder, is among 14 defendants who were convicted of seditious conspiracy for what prosecutors said were violent plots to keep Trump in power. Rhodes is serving an 18-year prison sentence.

___

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in