On March 11, 2021, Kenneth Harrelson, 41, allegedly a member of the Oath Keepers, was arrested for his part in the January 6th Capitol kerfuffle.
Federal agents arrested an Army veteran with ties to the far-right Oath Keepers paramilitary group on Thursday on conspiracy and other charges connected to the violent storming of the U.S. Capitol on Jan. 6.
Kenneth Harrelson, 41, made his initial appearance in federal court Thursday in Orlando, Fla. He was ordered to be held pending a detention hearing Monday.
Harrelson faces four counts, including obstructing an official proceeding, destruction of government property, entering a restricted building and conspiracy.
He is accused in an FBI affidavit of conspiring with nine individuals, all of whom are affiliated with the Oath Keepers and are facing federal charges for allegedly coordinating to storm the Capitol.
At a hearing in federal court in Washington, D.C., on Thursday, prosecutors said they anticipate up to six or more additional defendants could be added to that conspiracy case.
On Friday, November 26th, federal prosecutors once again filed a motion to deny Mr Harrelson’s petition for pretrial release. As of Friday, Mr Harrelson has been kept behind bars for 261 days, which works out to 37¼ weeks, or 8½ months, and he has been convicted of absolutely nothing.
Mr Harrelson is charged with five violations:
- 18 USC §371: Conspiracy to commit offense or defraud the United States
- If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
- If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.
- 18 USC §§ 1512 (c)(2),2: Obstruction of an Official Proceeding or aiding and abetting
- (c)(2) Whoever corruptly (or) (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
- 18 USC §§ 1361: Destruction of Government Property and Aiding and Abetting
- Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:
- If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both;
- if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.
- Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:
- 18 USC § 175 (a)(1); Knowing Entering or Remaining in any Restricted Building or Ground Without Lawful Authority:
- Whoever knowingly enters or remains in any restricted building or grounds without lawful authority to do so.
- A misdemeanor conviction punishable by a fine or up to one year imprisonment, or both.
- 18 USC §§ 1512 (c)(1): Obstruction of an Official Proceeding or aiding and abetting
- (c) Whoever corruptly
- (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
- (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
- (c) Whoever corruptly
That final count is for Mr Harrelson allegedly deleting from a cell phone potentially incriminating media, files and communications.
The government has been seriously overcharging the arrested individuals, but note: none of the crimes are crimes of violence, and the government does not allege that Mr Harrelson personally damaged any government property in the third count, only that he aided and abetted others in doing so.
So why are the Feds insisting on keeping Mr Harrelson locked up before he’s brought to trial? He could be fitted with an ankle monitor so law enforcement could keep track of him, and his passport — if he ever had one — taken away. If Mr Harrelson owns any firearms, they could be removed from his home. There is really no reason to keep deny Mr Harrelson reasonable bail, no reason to keep him locked up without being actually convicted of a crime, other than the federal government wanting to punish him before he is convicted of anything. How will Mr Harrelson be compensated for losing almost a year out of his life if he happens to be acquitted?
This ought to be illegal, ought to be unconstitutional, and Mr Harrelson should be released pending his trial.
So far, Mr Harrelson’s trial is set for, maybe, January 31, 2022, but the Feds are concerned that they might not be ready that soon. If Mr Harrelson’s trial starts on January 31, and he is not granted bail, he will have been locked up for 327 days, or 10½ months, without ever having been convicted of anything,