Judge to decide fate of two Oath Keepers who breached Capitol on Jan. 6

U.S. District Judge Amit Mehta on Monday allowed two members of the right-wing militia Oath Keepers to waive their right to a jury trial, kicking forward closing arguments and a possible verdict in the case related to Jan. 6 by a day.

James Beeks and Donovan Crowl each formally agreed to a stipulated bench trial on two felony counts — conspiracy to obstruct an official proceeding and civil disorder — in connection with the Jan. 6, 2021, Capitol attack. Justice Department prosecutors agreed to dismiss three other felony counts and a misdemeanor at the end of the proceedings.  

Instead of a federal jury in Washington, D.C., deciding the pair’s fate, Mehta will issue a verdict after hearing closing arguments expected Tuesday, based on a set of agreed-upon facts. Prosecutors and defense attorneys were still finalizing those details Monday.  

Because the defendants will agree to stipulations, they could argue that a reduced sentence is warranted if convicted.

Beeks, an ex-Broadway star who is representing himself but has access to standby counsel, arrived at court Monday wearing a maroon suit over a black T-shirt showing a dog superimposed over an American flag. 

Beeks requested a type of judgment by the court be made in favor of one party without a full trial but was informed that wasn’t available in federal criminal cases.

He also questioned whether the court has jurisdiction over him, signaling ties to the “sovereign citizen movement” he has referenced in court documents. 

Adherents to that movement believe that the U.S. government is illegitimate and use that as reasoning to evade laws, according to the Anti-Defamation League. 

Carmen Hernandez, Crowl’s defense attorney, asked the court to reconsider whether statements made by Oath Keepers leaders like founder Stewart Rhodes or top deputy Kelly Meggs are relevant to Crowl’s case, which Mehta declined.

“They’ve written the First Amendment out of the Constitution,” Hernandez quipped to reporters after Monday’s proceedings.  

Closing arguments are set to begin Tuesday morning, where prosecutors said they intend to show some 20 exhibits in remarks lasting around 45 minutes. Defense attorneys also said their closing arguments would last under an hour. A verdict is also expected Tuesday.  

On Jan. 6, Beeks tried to push through a line of law enforcement officers guarding the hallway leading to the Senate chamber, according to court filings.  

Before he was arrested in connection with the riot, Beeks was playing Judas in a national tour of the musical “Jesus Christ Superstar.” The Florida native was also a Michael Jackson impersonator described on his YouTube page as “one of the Top Michael Jackson Tribute artists in the US,” according to the Justice Department. 

Prosecutors say he wore a Michael Jackson “BAD” world tour jacket that day, standing out from other Oath Keepers donning camouflage paramilitary gear.  

Crowl, an ex-Marine, came to Washington in January 2021 with the Ohio State Regular Militia, a dues-paying subset of the Oath Keepers, according to court documents. 

Hernandez said in court Monday that Crowl was not a “card-carrying member” of the Oath Keepers. 

Jessica Watkins, an Oath Keepers leader tried for seditious conspiracy last year alongside Rhodes, the group’s founder, led that group. She was acquitted of sedition but convicted of several other serious felonies and sentenced to eight and a half years in prison.  

Prosecutors claim that Crowl and Watkins “equipped themselves for battle” Jan. 6, wearing reinforced vests, camouflage helmets and goggles. Crowl filmed himself inside the Capitol saying, “We took on the Capitol! We overran the Capitol!” according to court filings.   

In an interview days after the riot, Crowl told the New Yorker that he had entered the Capitol.  

He also said he was in Washington to “do security” for unnamed “VIPs,” an argument made by other Oath Keepers during their trials. In court Monday, Hernandez said the individual Crowl expected to perform security for was longtime Trump ally Roger Stone.  

Both defendants are accused of joining with other Oath Keepers in military-style “stack” formations to enter the Capitol.   

A third co-defendant, former Oath Keepers lawyer Kellye SoRelle, was determined to be mentally incompetent to stand trial. Until SoRelle is determined to be competent to stand trial, Beeks and Crowl’s trial marks the last high-profile Oath Keepers case in connection with the riot.  

Six Oath Keepers were convicted of seditious conspiracy for their roles in plotting to stop the certification of the 2020 election, including Rhodes, the founder. 

Several other members have been convicted of additional serious felonies. More than 1,000 rioters across the country have been charged in connection with the Capitol attack, according to the Justice Department’s most recent count.