Thomas Caldwell, a 70-year-old U.S. Navy veteran and member of the Oath Keepers, was sentenced to time served after his involvement in the January 6, 2021, U.S. Capitol riot. Caldwell was arrested in 2021 and spent 53 days in custody at the Central Regional Jail in Virginia. At his sentencing hearing, held before U.S. District Court Judge Amit Mehta, Caldwell avoided further jail time.
Although Caldwell was acquitted of seditious conspiracy charges, he had been convicted of obstructing Congress, a charge that was later overturned by the U.S. Supreme Court in June, which ruled it had been wrongly applied to those involved in the Capitol riot. Prosecutors had argued that Caldwell played a key role in planning the attack, citing his communications with other Oath Keepers affiliates, where he expressed a desire to forcibly oppose the certification of the 2020 presidential election. They also pointed to Caldwell’s participation in the riot, describing how he joined the mob that stormed the Capitol.
According to court documents, Caldwell admitted to the violent actions during the riot, including climbing Capitol steps after breaking through barricades, cheering as rioters clashed with police, and stealing riot shields from officers. Caldwell described the event as “a great time,” but prosecutors highlighted his subsequent actions to obstruct the investigation, including the destruction of evidence related to the attack.
Caldwell’s lawyer, David W. Fischer, emphasized that Caldwell was cleared of the most serious charges and praised the judge for sentencing him to no additional jail time. Fischer also suggested that Caldwell should be considered for a pardon by President Trump, noting the president’s previous statements about granting clemency to January 6 participants.
The defense also criticized the government’s actions during the investigation, including a heavily armed pre-dawn raid on Caldwell’s home, which they described as an unnecessary and excessive display of force. They argued that the FBI had mistakenly believed Caldwell to be a leader of the Oath Keepers and accused him of orchestrating the Capitol attack, a claim that was later disproven. The defense further contended that Caldwell’s activities, such as a trip to assess the location of portable toilets near the Ellipse, were misinterpreted as part of a larger conspiracy.
In addition to his legal troubles, Caldwell’s wife testified during the trial that her husband wore adult diapers during the riot due to severe back pain from multiple surgeries. She denied that Caldwell had any intention of breaking the law or overthrowing the government, asserting that his health condition played a significant role in his participation that day.
Caldwell’s case is part of a broader set of legal proceedings involving members of the Oath Keepers, including their leader, Stewart Rhodes, who also faces charges related to the January 6 attack.
