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David Moerschel

Surveillance and photos show Moerschel was present at the Capitol on Jan. 6th. He attended with members of the Oathkeeper organization. It doesn’t appear that he engaged in violence. The following narrative was provided by his family:

“David Moerschel is a highly specialized medical worker and a trained crisis chaplain. On January 6, 2021, he climbed the steps towards the Capitol in the infamous “stack” in response to a call for help from the Oath Keeper medic. The medic reported that he had treated numerous people for injuries requiring hospitalization. To make matters worse, rioters were attacking the medics. The group of Oath Keepers was re-assigned from security to medical response. David was to assist the medic, while the other (non-medical) members were to create a perimeter around the working medics to protect them from rioters.

When David arrived at the top of the stairs, the doors to the Capitol were closed. A dense crowd had assembled, and he was looking for the injured. Before long, a cheer went up. He didn’t know why until people began yelling “Push, push!” The Capitol doors were opened from the inside. And a stadium stampede began. You go with the stampede or risk being trampled to death. The crowd pushed its way in to the Capitol. And the rest is history.

For his 11 minutes in the Capitol, David Moerschel has suffered immensely. He was found guilty of four serious crimes even though he never committed any act of violence, never shouted, never celebrated being in the Capitol (in fact, he left as soon as he could!). He never even thought of committing the crimes for which they managed to find him guilty.

He is scheduled for sentencing on June 1. But he is not leaving this unchallenged. Consider contributing to his legal challenge using the link below.”

Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.


Seditious Conspiracy (1) Conspiracy to Obstruct an Official Proceeding (2) Obstruction of an Official Proceeding and Aiding and Abetting (3) Conspiracy to Prevent an Officer from Discharging Any Duties (4) Destruction of Government Property and Aiding and Abetting (5) Tampering with Documents or Proceedings (12)

Case Status

During an arraignment in this second case related to the Oathkeepers, Moerschel plead not guilty to all charges on 1/25/22. Second superseding indictment issued 6/22/22. He again plead not guilty to all charges. Jury selection took place between 12/6/22-12/9/22. His trial alongside defendants Minuta, Hackett, and Vallejo occurred on 12/20/23-1/20/23. He was found guilty of charges 1-4, and placed on home detention 1/23/23. A hearing to resolve sentencing issues occurs on 5/24/23 at 9 30 am in Courtroom 10.

USA Attorney

Kathryn Rakoczy
Kathryn Rakoczy USAO-DC 555 Fourth St, NW, Washington, DC 20503 202 252 6928 [email protected] LEAD ATTORNEY, ATTORNEY TO BE NOTICED Designation: Assistant US Attorney

Case Documents

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