Iowa Man Mistakenly Released Early from Capitol Riot Sentence \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Leo Christopher Kelly, an Iowa man convicted for storming the Senate chamber during the January 6 Capitol riot, was mistakenly released from federal custody after serving only 11 months of his 30-month sentence. The Bureau of Prisons reportedly misinterpreted a court order that vacated one of his felony convictions, resulting in his premature release. The Department of Justice is now seeking a hearing to resentence Kelly, who remains free under probation supervision. Prosecutors argue that Kelly’s release was a mistake, and they are requesting immediate corrective action.
Iowa Capitol Rioter’s Premature Release: Key Takeaways
- Premature release: Leo Kelly was released after serving 11 months of his 30-month sentence, due to a Bureau of Prisons error.
- DOJ response: The DOJ filed a motion requesting a hearing to address the mistake and resentence Kelly.
- Court ruling: One of Kelly’s felony convictions was vacated following a Supreme Court decision, leaving him with several misdemeanor charges.
- Capitol riot role: Kelly participated in the January 6 Capitol attack, entering the Senate chamber and filming documents on the Senate floor.
Deep Look:
In a legal misstep that has raised questions about federal oversight, the Bureau of Prisons mistakenly released Leo Christopher Kelly, a Capitol rioter from Cedar Rapids, Iowa, after he had served only 11 months of a 30-month sentence. The premature release stemmed from a misinterpretation of a court order following an appeals court decision to vacate one of Kelly’s convictions related to the January 6, 2021, Capitol riot. The Department of Justice (DOJ) has since called for an immediate hearing to address the error, stating that Kelly’s release was unintended, and they are seeking to have him resentenced for the remaining charges.
Kelly, 39, was convicted on multiple counts in May 2023 for his involvement in the Capitol attack, during which he illegally entered the Senate chamber with other rioters. After joining the mob that stormed the Capitol following President Donald Trump’s “Stop the Steal” rally, Kelly made his way to the Senate floor. There, he took videos of sensitive documents left behind by lawmakers, including a ballot sheet and handwritten notes, before law enforcement cleared the chamber.
Kelly was initially sentenced to 30 months in federal prison by U.S. District Judge Royce Lamberth, who emphasized the seriousness of his actions during the January 6 insurrection. One of the charges against Kelly was for obstructing an official proceeding—specifically, the certification of the Electoral College results in the 2020 presidential election. However, in June 2023, the U.S. Supreme Court issued a ruling that limited the government’s use of the obstruction charge, requiring proof that defendants intended to tamper with or destroy official documents. This ruling significantly impacted many January 6 cases, including Kelly’s.
In light of the Supreme Court’s decision, both prosecutors and Kelly’s defense attorney, Nicholas Smith, agreed to request that the U.S. Court of Appeals for the District of Columbia Circuit vacate Kelly’s conviction on the obstruction charge. While the appeals court threw out this felony charge, Kelly was still convicted of several misdemeanors related to his actions during the riot.
Despite the vacating of the felony charge, the DOJ has argued that Kelly’s release was an error. According to a statement by the Bureau of Prisons, Kelly was “inadvertently released” after a “misinterpretation of a court order.” The Bureau did not elaborate on the details of the mistake but confirmed that Kelly had complied with the terms of his release, reporting to his probation officer as instructed. Prosecutors, however, contend that Kelly should not have been released, given that he still had significant time left to serve on the remaining charges.
In a filing on Monday, the DOJ requested a hearing with U.S. District Judge Royce Lamberth to clarify the terms of Kelly’s release and initiate a resentencing process for the misdemeanor charges. Prosecutors also expressed concern that the early release may have set an unfavorable precedent for similar cases involving Capitol rioters whose charges were modified or vacated due to the Supreme Court’s ruling on obstruction.
Kelly’s defense attorney has declined to comment on the case, though his client remains free under probation supervision while awaiting further court proceedings. The Bureau of Prisons database did not specify where Kelly had been serving his sentence prior to his release, nor did it clarify how long the process of correcting the release might take.
This legal development adds to the complex legal landscape surrounding the January 6 prosecutions. Since the attack on the U.S. Capitol, more than 1,500 people have been charged with federal crimes related to the insurrection, and over 600 individuals have been convicted. Sentences for rioters have ranged from just a few days to over 20 years, depending on the severity of their actions and the charges they faced. Kelly’s involvement, which included entering one of the most sensitive areas of the Capitol, taking videos, and being present at the dais where then-Vice President Mike Pence presided, placed him among those receiving more substantial sentences.
In his sentencing hearing, Kelly expressed remorse for his participation in the riot but argued that he had not intended to commit violence or engage in the destruction that characterized much of the day’s events. Judge Lamberth was unswayed, describing Kelly’s actions as part of a broader attack on democracy.
Kelly’s case also reflects the broader legal challenges facing the Justice Department as it navigates the aftermath of the Supreme Court’s decision to limit the use of the obstruction charge. The ruling has forced prosecutors to reevaluate cases involving January 6 defendants who were charged with obstructing the certification of the election results. While many defendants will still face significant penalties for other offenses, the vacating of the obstruction charge in some cases has complicated sentencing decisions.
One of the most publicized aspects of the January 6 prosecutions is the effort to hold individuals accountable for their role in the attack on the Capitol while ensuring that legal decisions are consistent with constitutional protections. The DOJ’s ongoing efforts to correct Kelly’s premature release highlight the difficulties prosecutors face in balancing the swift administration of justice with the need to adhere to new legal standards set by the courts.
Meanwhile, Kelly’s early release has sparked discussions among legal experts and the public about the broader implications of vacated charges and how they affect the sentences of those convicted for participating in the January 6 riot. Legal analysts suggest that the DOJ’s prompt request for a resentencing hearing signals its intent to ensure that other cases do not encounter similar administrative errors.
The Bureau of Prisons has yet to offer a full explanation of how it misinterpreted the court order leading to Kelly’s release, but they acknowledge that steps are being taken to rectify the mistake. Kelly remains free for the time being, but his legal battle is far from over. Once a resentencing hearing is scheduled, the court will determine how much additional time he may need to serve for his remaining convictions.
As the legal system continues to grapple with the fallout from the January 6 insurrection, Kelly’s case serves as a reminder of the complexities involved in prosecuting one of the largest criminal investigations in U.S. history.
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