Edward Kelley (images via FBI court filing).
The Justice Department under President Donald Trump had initially fought against dropping the conviction of a Jan. 6 defendant. However, they are now seeking a life sentence for Edward Kelley, who was found guilty last year of planning to kill FBI agents. Kelley opposes the request, claiming it is based on unfounded accusations and irrelevant uncharged allegations.
Edward Kelley, aged 35, was convicted in the Eastern District of Tennessee by a federal jury in November on charges of conspiracy to murder federal employees, solicitation to commit a violent crime, and influencing a federal official by threat. The government, in its sentencing memorandum filed on Tuesday, recommended a life sentence for Kelley, describing his criminal behavior as extremely serious.
“The defendant is remorseless,” the DOJ charged.
The government’s filing stated, “Throughout the process, from before the current offenses, during the commission of these crimes, and even after the trial, the defendant has shown no remorse, expressed intent to continue criminal activities upon release, displayed disrespect for the law, and a strong need for deterrence. Instead of acknowledging his criminal actions, Kelley believes he is a victim of a conspiracy involving the FBI, the United States, trial witnesses, the jury, and the Court. He does not show any willingness to reform but rather takes pride in his crimes.”
Kelley’s attorney, Mark Brown, filed their response on Wednesday.
“The unsubstantiated and uncharged allegations referenced therein place Kelley in a false light and should not be part of the record in this case,” Brown said.
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Kelley, a Maryville resident, tried claiming earlier this year that his federal murder plot case and conviction in the Volunteer State were “related to events that occurred at or near the United States Capitol on Jan. 6, 2021,” according to court documents. He filed a motion to dismiss his indictment and to vacate his jury convictions on Jan. 27, one week after Trump issued his executive order pardoning alleged rioters. The DOJ urged U.S. District Judge Thomas Varlan to uphold Kelley’s conviction, condemning his claims as “wrong” and Kelley, himself, for having “no authority supporting his position.”
In March, Varlan — a George W. Bush appointee — agreed with the DOJ and rejected Kelley’s court bid to get his murder plot conviction covered by Trump’s pardon, saying “none of the substantive offenses or charging provisions overlap” in the way Kelley has claimed in filings.
“Motivated by a desire to initiate a civil war and to retaliate for his previous arrest, Kelley was committed to executing his plan,” the DOJ said Tuesday. “[Kelley] took steps to access weapons and ammunition. Although he claims to have gifted his weapons and ammunition to a friend, the evidence in the case makes clear his effort to ensure access to his arsenal in order to effectuate his plan.”
In his Jan. 6 case, Kelley was found guilty of three felonies — civil disorder, destruction of government property in an amount over $1,000 and assaulting, resisting, or impeding certain officers — for storming the Capitol building and attacking a police officer.
Evidence presented at a separate trial in Knoxville, Tennessee, showed how he “developed a plan to murder law enforcement” while his Jan. 6 charges and trial were pending. Prosecutors said Kelley compiled a “kill list” of FBI agents and employees who were probing him and his Jan. 6 conduct, which he then distributed to “conspirators,” along with images of the targets. They described how Kelley planned “assassination missions” for each of his targets and talked about them with others.
“Beginning with a comparison of defendant’s substantive offenses, there is no overlap whatsoever between the indictments in the D.C. and Tennessee Cases with respect to charging statutes or substantive conduct alleged,” Varlan said in his March ruling. “None of the substantive offenses or charging provisions overlap. Moreover, counsel for both parties did not attempt to relate these unrelated substantive offenses at trial.”
In determining whether Kelley’s Tennessee case fell within the scope of Trump’s blanket pardon, Varlan said he evaluated “relations of time and place” and “other potential relations.” He found that the case “lacks a sufficient causal connection” to the events that occurred at or near the U.S. Capitol on Jan. 6, “for the purposes of the pardon” — noting how Trump’s order “situates” related events as being within the “physical vicinity” of the Capitol.
