A warrant issued on January 6, for defendants to enter Washington, D.C., And the U.S. Capitol could raise constitutional challenges, a legal expert says.
In a filing Friday, Judge Amit P. Mehta specified the order applied to “Defendants Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moerchel and Joseph Hacket,” whose sentences were commuted. Those pardons are not subject to the order.
Rhodes, founder of the Eath Keepers, was previously seen in the Longworth House Office building of the Capitol Complex. He was convicted of seditious conspiracy.
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The order states: “You must not knowingly enter the District of Columbia without first obtaining the permission of the court.” It adds: “You should not knowingly enter the United States Capitol Building or surrounding grounds known as Capitol Square.”
A Jan. 6 order delaying defendants from entering Washington, D.C., and the U.S. Capitol could raise constitutional challenges, a legal expert says. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The filing says the order will be effective as of Friday at noon. Later that day, the Justice Department filed a motion to vacate the order.
“If a judge were to decide that Jim Biden, General Mark Milley or any other individual was allowed to visit the U.S. capital—even after receiving a last-minute, preemptive pardon from the former president—I believe most Americans would object would make. The individuals referred to our Motion commuted their sentences – period, end of sentence,” U.S. Attorney Edward Martin said in a statement.
“This is a very unusual sequence,” Jonathan Turley, a Fox News Media contributor and the Shapiro professor of public interest at George Washington University, told Fox News Digital. “The judge relies on the fact that the sentences were commuted, but the defendants did not receive a full pardon.”
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Ron Coleman, counsel at Dhillon Law Group, called the order “novel.”
Stewart Rhodes, founder of the Eath Keepers, was convicted of seditious conspiracy. (AP Photo/Susan Walsh, file)
“It is unclear what basis the court would have to assert jurisdiction over someone who pardoned the conviction that is presumptively the basis for the order or what the legal grounds are for making Washington, D.C., the kind of national capital, like Moscow, like Moscow, like Moscow, like Moscow In the old USSR, a citizen needs permission to enter,” said Coleman.
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Turley said that while the new order “could prove a factor” in President Donald Trump Extending a full pardon to people with commuted sentences, “it is not clear whether an order will prompt Trump to change his decision to offer only commutations.”
Turley noted that the order could increase constitutional challengesincluding First Amendment implications.
Trump grilled nearly all of the Jan. 6 defendants earlier this week after promising to do so during his inaugural parade. (Reuters/Carlos Barria)
“I think the court effectively bars these individuals from being able to associate or file with government officials without the court’s prior approval,” Turley said. “That could raise questions under the First Amendment.
“I expect this will be challenged by these individuals.”
Trump grilled nearly all of the Jan. 6 defendants earlier this week after promising to do so during his inaugural parade.
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Trump signed off on Monday Release more than 1,500 people charged with crimes From January 6, 2021, attack on the US Capitol. The order required the Federal Bureau of Prisons to act immediately upon receipt of the Pardons.
Those pardoned in his first order were Enrique Tarrio, the former Proud Chairman of the Boys who received a 22-year sentence in prison for seditious conspiracy.
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Fox News’ David Spunt, Diana Stancy and Jamie Joseph contributed to this report.
