WASHINGTON — On Friday, a U.S. Army veteran was sentenced to probation rather than prison for his prominent role in a violent conspiracy orchestrated by the far-right Oath Keepers group, aimed at keeping Donald Trump in power following his loss in the 2020 presidential election.
Joshua James, who pled guilty to seditious conspiracy, marked a significant milestone as the first individual charged in connection with the U.S. Capitol riot to do so. This crime is recognized as one of the most serious offenses linked to the January 6, 2021, insurrection led by supporters of Trump.
Throughout the investigation by the Justice Department, James cooperated but chose not to testify at the trials of other Oath Keepers members, including the group’s founder, Stewart Rhodes. His sentencing on Friday made him the last of the Oath Keepers defendants to be dealt with after providing assistance to prosecutors.
At 37 years old and hailing from Arab, Alabama, James expressed remorse before U.S. District Judge Amit Mehta, who sentenced him to three years of probation. This includes a six-month stay in a residential re-entry center and an additional six months of home detention. During his remarks, James acknowledged that his actions had endangered law enforcement officers on the day of the riot.
“That’s not who I am,” he stated, emphasizing his desire to help those in danger. Judge Mehta, in deciding to forego a prison term, expressed that allowing James to remain free would enable him to rehabilitate and get his life back on track as a married father of three.
The judge further noted, “If he can do that, I think the rest of us can, too.” There have been ongoing discussions about the potential for Trump to pardon those involved in the Capitol riots, and Judge Mehta has previously referred to such actions in relation to the broader implications for justice.
Reflecting on the sentencing of James, the judge commented on the efforts of his colleagues to administer justice fairly in these cases, emphasizing that the adjudications have been free from political influence.
In his comments, Judge Mehta referred to James as a “true American hero” in recognition of his military service, highlighting James’s bravery in owning up to his actions and cooperating with authorities as a turning attitude towards accountability.
Assistant U.S. Attorney Troy Edwards pointed out that James’s sentencing serves to preserve the memory of the January 6 assault on the Capitol in the collective national consciousness.
Notably, James was the first defendant in over six decades to enter a pretrial agreement with prosecutors regarding a guilty plea to seditious conspiracy, with his defense team claiming he provided critical insights about the Oath Keepers during interviews and grand jury sessions.
Following the riot, Rhodes was found guilty of seditious conspiracy related to efforts to impede the peaceful transfer of power to President Joe Biden and was sentenced by Judge Mehta to 18 years in prison in May 2023.
For James, prosecutors suggested he receive a two-year prison sentence but acknowledged his cooperation as a mitigating factor. They noted that he played a significant role in elucidating Rhodes’ mentality leading up to the riot and how he motivated followers to partake in the conspiracy.
In contrast, other cooperating Oath Keepers were also spared imprisonment. Prosecutors noted that James distinguished himself from the others largely due to the leadership position he held within the group, which included directing actions taken by other members.
His leadership was evident as he coordinated with Rhodes prior to the tumultuous day and directed firearms storage in nearby hotels for a planned fast-response team, although those weapons were never called to action.
On the day of the Capitol riot, James was observed leading fellow Oath Keepers in a coordinated military-style formation and was reportedly the one who forced his way through the East Rotunda doors. During the chaos, he confronted an officer, physically engaging him while shouting, “Get out of my Capitol!”
After being pushed out of the Capitol, James rejoined his fellow Oath Keepers and met Rhodes shortly after, where he was advised to change his appearance to avoid detection.
James’s early military background began when he enlisted at age 18; he was wounded in a traumatic incident during a deployment in Iraq when he was just 19 years old.
Following his injury, his military career was abruptly cut short, leaving him with feelings of regret and a lost sense of purpose. Since his conviction, James, who works as a welder, has also lost his military benefits, significantly impacting his financial situation.
