A Washington D.C. judge who oversaw high-profile January 6th cases has lifted restrictions barring members of the Oath Keepers from entering the city.
Judge Amit Mehta, an Obama appointee, issued an order Friday banning Oath Keepers leader Stewart Rhodes and others from entering the Capitol or Washington D.C. after Trump commuted their prison sentences. Trump also granted pardons for some 1,500 January 6th defendants.
Following pushback from the Trump Justice Department, Mehta reversed course and lifted the travel restrictions on the Oath Keepers.
Judge Mehta oversaw the seditious conspiracy trial of Rhodes, who received an 18-year sentence, one of the longest of any January 6th 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 added Friday after Trump commuted sentences for the Oath Keepers.
Mehta's original ruling had raised eyebrows among experts on constitutional law, who warned it could raise First Amendment issues.
"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," constitutional law professor Jonathan Turley said. "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 arguing that Trump's commutations cancelled supervised release terms, in addition to reducing sentencing. Martin invoked President Biden's last-minute pardons to castigate the judge's decision.
"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. The individuals referenced in our motion have had their sentences commuted – period, end of sentence," Martin wrote.
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, but Trump's proclamation was "unconditional" in scope.
