In a significant ruling on Friday, a federal judge overseeing the case concerning Donald Trump’s 2020 election interference criticized attempts to alter the narrative surrounding the Capitol attack. Her remarks came as she imposed what might be one of the last penalties for participants in the January 6 uprising before the anticipated pardons promised by the incoming Republican president-elect.
U.S. District Judge Tanya Chutkan delivered her sentence in a courthouse that overlooks the Capitol, just days ahead of Trump’s inauguration. She recognized that the defendant she was sentencing, a Virginia resident, may never actually serve the 10-day prison sentence assigned to him for his involvement in the riot. Nonetheless, Chutkan emphasized that she would not permit speculation about pardons to influence her judicial decisions, declaring to the defendant: “There have to be consequences.”
Before sentencing Brian Leo Kelly, who pled guilty to lesser offenses, Chutkan expressed a desire for the nation to understand the realities she has witnessed. She dismissed claims framing the rioters as peaceful demonstrators as “nonsense,” asserting that even those who did not perpetrate violence or damage still participated in an act meant to undermine the peaceful transfer of power.
Chutkan, appointed by former President Barack Obama, firmly stated, “I know what happened” and voiced concern that similar events could transpire again in the future. Following Trump’s victory over Vice President Kamala Harris, judges handling more than 1,500 criminal cases related to individuals storming the Capitol are still proceeding with guilty pleas, trials, and sentences. This comes despite indications that the Justice Department’s largest prosecution might soon reach an abrupt conclusion.
To date, nearly 1,300 individuals have pleaded guilty or been convicted for charges ranging from seditious conspiracy to assaulting law enforcement with dangerous weapons. Of those charged, over 1,000 have received sentences, with approximately two-thirds facing prison time that varies from several days to a maximum of 22 years.
Throughout this ordeal, Trump has characterized the rioters as “patriots” and “hostages,” asserting that they have been unjustly treated by the same Justice Department pursuing him in two dismissed cases. Trump continues to minimize the violent actions caught on tape as rioters breached police barriers, vandalized property, and assaulted officers during Congress’s certification of Joe Biden’s election victory.
Uncertainty lingers regarding the potential pardons for those involved in the January 6 events. Trump has indicated a willingness to review each defendant individually without providing a clear framework for what factors will influence his decisions. Recent statements from Vice President-elect JD Vance suggested that those guilty of violence should not receive pardons, although he acknowledged that certain situations may present a “bit of gray area.”
As part of ongoing legal proceedings, several sentences related to the January 6 incident were issued on the same day. Judge Chutkan oversaw Kelly’s case, noting that he remained in the Capitol for approximately 36 minutes, disregarding police commands to exit. Prosecutors stated that Kelly, aged 57 and from Fairfax Station, Virginia, recorded the chaos on his cellphone, seemingly treating the events as a spectacle.
Kelly’s attorney argued that his client did not engage in violence or vandalism, recognizing the seriousness of the situation once inside the Rotunda. Kelly clarified to Chutkan that his intention was merely to show support for Trump, rather than to incite violence against the governing authorities.
Meanwhile, in a separate courtroom, Judge Amit Mehta conferred a one-year prison sentence to Kelley SoRelle, the former general counsel for the Oath Keepers. SoRelle, 45, from Granbury, Texas, pled guilty to obstructing justice by urging others to destroy electronic evidence related to the events of January 6. She was photographed outside the Capitol alongside Stewart Rhodes, the founder of the far-right extremist group, who received an 18-year sentence after being convicted of seditious conspiracy.
SoRelle had faced delays in her case due to mental health concerns and was ultimately admitted to the federal Bureau of Prisons in November 2023 for a competency evaluation. In a heartfelt statement to the court, she expressed profound regret concerning her affiliation with Rhodes and the Oath Keepers, affirming her commitment to a peaceful electoral process.
Judge Mehta, also an Obama appointee, characterized SoRelle’s behavior as an attempt to conceal serious misconduct, emphasizing that such actions represent a form of sedition—one of the grave offenses in American society. While he did not comment on the forthcoming pardons from the Trump administration, he expressed hope that the ramifications and lessons learned from the January 6 riot would not fade from public memory “anytime soon.”
