The Washington D.C. judge who oversaw high-profile Jan. 6 cases has lifted restrictions barring members of the Oath Keepers from entering the nation’s capital.
On Friday, Judge Amit Mehta, an Obama appointee, issued an order banning Oath Keepers leader Stewart Rhodes and others from entering the Capitol or Washington D.C.
Mehta issued the order after President Donald Trump commuted their prison sentences.
Trump also granted pardons for some 1,500 Jan. 6 defendants.
However, following pushback from the Trump Justice Department, Mehta reversed course.
The judge has now lifted the travel restrictions on the Oath Keepers.
Judge Mehta oversaw the seditious conspiracy trial of Rhodes.
Rhodes received an 18-year prison sentence, one of the longest of any January 6 defendant.
In his order reversing the location ban, Mehta took a veiled swipe at Trump while still deferring to his clemency power.
“It is not for this court to divine why President Trump commuted Defendants’ sentences, or to assess whether it was sensible to do so,” Mehta added.
Initially, Mehta had barred Rhodes and several other Oath Keepers from entering the nation’s capital without the court’s permission.
The restrictions, which were not included in the original sentences, were only added Friday after Trump commuted sentences for the Oath Keepers.
Mehta’s original ruling had raised eyebrows among experts on constitutional law.
Legal experts warned it could raise First Amendment issues.
Constitutional law professor Jonathan Turley said:
“I think the court is effectively barring these individuals from being able to associate or petition government officials without the prior approval of the court.
“That could raise questions under the First Amendment.”
The judge changed directions after Trump’s acting U.S. Attorney for Washington D.C., Edward Martin, filed a motion.
Martin’s motion argued that Trump’s commutations canceled supervised release terms, in addition to reducing sentencing.
To castigate the judge’s decision, Martin invoked President Biden’s last-minute pardons.
“If a judge decided that Jim Biden, General Mark Milley, or another individual were forbidden to visit America’s capital—even after receiving a last-minute, preemptive pardon from the former President—I believe most Americans would object,” Martin wrote.
“The individuals referenced in our motion have had their sentences commuted – period, end of sentence.”
According to Judge Mehta, all parties involved initially acted as if the commutations had no impact on the non-custodial portion of the sentences.
After further consideration, Mehta said he found the Justice Department’s interpretation of Trump’s order to be “reasonable.”
Mehta noted that presidents have, in the past, been careful to distinguish when they commute only the custodial portion of a sentence.
However, Trump’s proclamation was “unconditional” in scope.
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