Upon being asked how he felt about what happened on January 6th, Kelly stated that he felt “conflicted,” as “… you violate someone else’s space … force your way into a building … in some ways that really feels wrong … but, … that [space] really does belong to us.” KELLY continued, “… that should only be an absolute last resort … maybe we shouldn’t have done that … it’s just, you come to the end of your rope … and you get swept up in a movement … and there’s a bunch of people running and doing this … it’s not the logical mind that’s working anymore … you’re just reacting to things and, finally, there’s a chance that you can be heard … we took that chance … God will judge us … perhaps I did something wrong … I tried to be as respectful as I could while I was in there, you know, while still saying what I felt needed to be said.” There is no evidence of any violence committed by Kelly.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Leo
- Last Name(s): Kelly
- Case Number: 1:21-cr-708
- Arrest Location: Cedar Rapids, IA
- Judge: Zia M. Faruqui
- Judge: Royce Lamberth
- Entry Last Updated: 12/05/2023
- Date Docket Downloaded: 09/25/2021
- Currently Incarcerated: No
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Charges
Obstruction of an Official Proceeding (1) Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority (2) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (3) Entering and Remaining on the Floor of Congress (4) Entering and Remaining in Certain Rooms in the Capitol Building (5) Disorderly Conduct in a Capitol Building (6) Parading, Demonstrating, or Picketing in a Capitol Building (7)
Case Status
Arrested 1/18/21. Initial appearance held 2/9. Placed on personal recognizance on 2/16/2021. Arraignment held 12/21/21, entered a plea of not guilty to all counts of the Indictment. Jury deliberations concluded on 5/9/23, jury rendered a verdict of guilty on all 7 Counts of the Indictment. Sentencing held on 8/18/2023, sentenced to 30 months of incarceration to run concurrently, 36 months of supervised release to run concurrently, $190 special assessment, $5,000 fine and $2,000 fine.
USA Attorney
Gregory Rosen
Assistant United States Attorney
VA Bar No. 82584
United States Attorney’s Office
District of Columbia
601 D Street N.W. Washington DC 20530
Phone- (202)-252-6932
Email- [email protected]
USA Attorney
Ashley Akers
Trial Attorney
US Department of Justice
District of Columbia
601 D Street N.W. Washington DC 20530
Phone- (202)-353-0521
Email- [email protected]
Case Documents
- Leo Kelly Docket Sheet as of 12/5/2023
- Docket Download-7.14.21
- #1 COMPLAINT as to LEO CHRISTOPHER KELLY
- #1 a) Statement of Facts
- #3-Rule 5(c)(3) Documents Received as to LEO CHRISTOPHER KELLY from US District Court for the Northern District of Iowa
- #5-NOTICE OF ATTORNEY APPEARANCE- Kira Anne West appearing for LEO CHRISTOPHER KELLY
- #7-ORDER Setting Conditions of Release as to LEO CHRISTOPHER KELLY
- #8-Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY
- #9 ORDER granting 8 Motion to Continue Preliminary Hearing as to LEO CHRISTOPHER KELLY (1). Preliminary Hearing set for 4/8/2021 at 10:30 AM by Telephonic/VTC before Magistrate Judge G. Michael Harvey. Signed by Magistrate Judge Zia M. Faruqui on 3/8/21
- #10-Arrest Warrant, dated 1.16.2021, returned executed in the U.S. District Court for the District of Columbia on 2.9.2021 as to Defendant LEO CHRISTOPHER KELLY
- #11-Consent MOTION to Continue Preliminary hearing by USA as to LEO CHRISTOPHER KELLY.
- #12-ORDER Granting 11 Consent MOTION to Continue Preliminary hearing by USA as to LEO CHRISTOPHER KELLY
- #13-Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY
- #14-ORDER granting 13 Motion to Continue Status Hearing as to LEO CHRISTOPHER KELLY
- #16-Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY.
- #17-ORDER Granting 16 Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY
- #18-NOTICE of discovery letter by LEO CHRISTOPHER KELLY
- #20-Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY
- #21-NOTICE OF FILING by USA as to LEO CHRISTOPHER KELLY
- #22-ORDER Granting 20 Consent MOTION to Continue by USA as to LEO CHRISTOPHER KELLY
- #23-NOTICE OF SUBSTITUTION OF COUNSEL as to USA
- #24-Unopposed MOTION for Protective Order GOVERNING DISCOVERY by USA as to LEO CHRISTOPHER KELLY
- #25 Unopposed MOTION for Disclosure ITEMS PROTECTED BY FEDERAL RULE OF CRIMINAL PROCEDURE 6(e) AND SEALED MATERIALS by USA as to LEO CHRISTOPHER KELLY
- #26-Unopposed MOTION for Disclosure ITEMS PROTECTED BY FEDERAL RULE OF CRIMINAL PROCEDURE 6(e) AND SEALED MATERIALS by USA as to LEO CHRISTOPHER KELLY
- #27-INDICTMENT as to LEO CHRISTOPHER KELLY
- #29- Unopposed MOTION to Continue TO SET DEFENDANTS INITIAL APPEARANCE ON THE INDICTMENT, TO SET A DATE FOR A STATUS HEARING, AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT by USA as to LEO CHRISTOPHER KELLY
- #32-NOTICE OF ATTORNEY APPEARANCE
- #33 Unopposed MOTION to Continue status hearing feb 25 by LEO CHRISTOPHER KELLY
- #34-NOTICE OF FILING MEMORANDA REGARDING STATUS OF DISCOVERY AS OF FEBRUARY 9, 2022 by USA as to LEO CHRISTOPHER KELLY
- #35 ORDER granting [33] Motion to Continue as to LEO CHRISTOPHER KELLY (1); Set/Reset Hearings as to LEO CHRISTOPHER KELLY: Status Conference set for 3/11/2022 at 01:45 PM EST by VTC before Judge Royce C. Lamberth. Signed by Judge Royce C. Lamberth on 2/10/2022
- #36-NOTICE OF FILING DEFENDANT'S SIGNED ACKNOWLEDGEMENT OF THE PROTECTIVE ORDER by USA as to LEO CHRISTOPHER KELLY
- #39-MOTION for Extension of Time to File by USA as to LEO CHRISTOPHER KELLY
- #40-NOTICE of scheduling order by LEO CHRISTOPHER KELLY
- #41-ORDER
- #43-Joint MOTION proposed scheduling order by USA as to LEO CHRISTOPHER KELLY
- #45 ORDER: It is hereby ORDERED that [43] Joint Motion for Scheduling Order is GRANTED. See Order for details. Signed by Judge Royce C. Lamberth on 08/08/2022
- #46-ORDER
- #47-NOTICE OF ATTORNEY APPEARANCE Ashley Akers appearing for USA
- #48-MOTION to Change Venue by LEO CHRISTOPHER KELLY
- #49-MOTION in Limine to limine out certain words by LEO CHRISTOPHER KELLY
- #50-MOTION in Limine by LEO CHRISTOPHER KELLY
- #51-MOTION in Limine acts of others by LEO CHRISTOPHER KELLY
- #52-MOTION to Dismiss Case charges under 1752 by LEO CHRISTOPHER KELLY
- #53-MOTION to Dismiss Case as to 1512 count by LEO CHRISTOPHER KELLY
- #54-MOTION to Dismiss Count 2-7 as multiplicities by LEO CHRISTOPHER KELLY
- #55-MOTION retain rough notes by LEO CHRISTOPHER KELLY
- #56-First MOTION to Suppress statements and evidence by LEO CHRISTOPHER KELLY
- #57-MOTION in Limine TO EXCLUDE IMPROPER CHARACTER EVIDENCE by USA as to LEO CHRISTOPHER KELLY
- #58-MOTION in Limine REGARDING AUTHENTICATION OF PUBLICLY AVAILABLE VIDEO by USA as to LEO CHRISTOPHER KELLY
- #59-NOTICE of filing exhibits to motion to change venue by LEO CHRISTOPHER KELLY re [48] MOTION to Change Venue
- #60-NOTICE OF CORRECTION by USA as to LEO CHRISTOPHER KELLY re [58] MOTION in Limine REGARDING AUTHENTICATION OF PUBLICLY AVAILABLE VIDEO
- #61-RESPONSE by USA as to LEO CHRISTOPHER KELLY
- #62-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [55] MOTION retain rough notes
- #63-RESPONSE by USA as to LEO CHRISTOPHER KELLY
- #64-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [53] MOTION to Dismiss Case as to 1512 count
- #65-RESPONSE by USA as to LEO CHRISTOPHER KELLY
- #66-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [48] MOTION to Change Venue
- #67-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [51] MOTION in Limine acts of others
- #68-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [50] MOTION in Limine
- #69-RESPONSE by USA as to LEO CHRISTOPHER KELLY re [56] First MOTION to Suppress statements and evidence
- #70-NOTICE pursuant to Local Criminal Rule 49 by USA as to LEO CHRISTOPHER KELLY
- #71-Unopposed MOTION for Extension of Time to File Response_Reply by LEO CHRISTOPHER KELLY
- #72-ORDER
- #73 REPLY TO OPPOSITION to Motion by LEO CHRISTOPHER KELLY re 58 MOTION in Limine REGARDING AUTHENTICATION OF PUBLICLY AVAILABLE VIDEO, 57 MOTION in Limine TO EXCLUDE IMPROPER CHARACTER EVIDENCE and all other pretrial motions
- #74 MOTION for status conference re [45] Order on Motion for Miscellaneous Relief, Set/Reset Deadlines, Set/Reset Deadlines/Hearings, [doc] Order by USA as to LEO CHRISTOPHER KELLY
- #75 MOTION for Extension of Time to File Joint Pretrial Statement by USA as to LEO CHRISTOPHER KELLY
- #77 ORDER: It is hereby ORDERED that 75 Motion for Extension of Time to File is GRANTED. It is ORDERED that the Joint Pretrial Statement shall be filed no later than 1/3/2023. Signed by Judge Royce C. Lamberth on 1/3/2023
- #78 PRETRIAL MEMORANDUM by USA as to LEO CHRISTOPHER KELLY
- #78 a) JOINT PROPOSED VOIR DIRE
- #78 b) GOVERNMENT’S PROPOSED JURY INSTRUCTIONS
- #78 c) GOVERNMENT’S WITNESS LIST
- #78 d) DRAFT DEFENDANT’S WITNESS LIST
- #78 e) TRIAL EXHIBITS FOR THE GOVERNMENT
- #78 f) TRIAL EXHIBITS FOR THE DEFENDANT
- #78 g) STIPULATION OF THE PARTIES
- #79 MOTION for Leave to File Pretrial Statement Exhibit by USA as to LEO CHRISTOPHER KELLY
- #79 a) VERDICT FORM
- #80 ORDER: It is hereby ORDERED that 79 Motion for Leave to File is GRANTED. Signed by Judge Royce C. Lamberth on 1/4/2023
- #81 Unopposed MOTION reset status conference set for February 10, 2023 by LEO CHRISTOPHER KELLY
- #83 Unopposed MOTION to appear via zoom by LEO CHRISTOPHER KELLY. Modified event type and text on 4/5/2023
- #84 ORDER granting 83 Motion for Leave to Appear by Zoom. Signed by Judge Royce C. Lamberth on 4/6/2023
- #86 NOTICE OF ATTORNEY APPEARANCE Gregory Paul Rosen appearing for USA
- #87 Emergency MOTION to Exclude evidence or for a continuance of trial by LEO CHRISTOPHER KELLY
- #87 a) Exhibit 1 (redacted)
- #87 b) Exhibit 2
- #87 c) Exhibit (redacted)
- #87 d) TRIAL EXHIBITS FOR THE UNITED STATES
- #89 Proposed Jury Instructions by LEO CHRISTOPHER KELLY
- #90 First MOTION for Reconsideration of motion to dismiss 1512 count 1 by LEO CHRISTOPHER KELLY
- #92 MOTION in Limine to Exclude Irrelevant Evidence Related to Demonstrations by USA as to LEO CHRISTOPHER KELLY
- #93 REPLY TO OPPOSITION to Motion by LEO CHRISTOPHER KELLY re [87] Emergency MOTION to Exclude evidence or for a continuance of trial
- #94 Memorandum in Opposition by USA as to LEO CHRISTOPHER KELLY re [90] Motion for Reconsideration
- #95 RESPONSE by USA as to LEO CHRISTOPHER KELLY re [87] Emergency MOTION to Exclude evidence or for a continuance of trial
- #96 TRIAL BRIEF by LEO CHRISTOPHER KELLY
- #97 REPLY by USA as to LEO CHRISTOPHER KELLY re [96] Trial Brief
- #99 MOTION for Acquittal by LEO CHRISTOPHER KELLY
- #100 RESPONSE by USA as to LEO CHRISTOPHER KELLY re [99] MOTION for Acquittal
- #101 Court's Final Jury Instructions as to LEO CHRISTOPHER KELLY. Signed by Judge Royce C. Lamberth on 5/8/2023
- #102 COUNSELS' ACKNOWLEDGMENT CONCERNING TRIAL EXHIBITS as to LEO CHRISTOPHER KELLY
- #103 FINAL TRIAL EXHIBITS FOR THE DEFENDANT by LEO CHRISTOPHER KELLY
- #104 FINAL TRIAL EXHIBITS FOR THE UNITED STATES by USA as to LEO CHRISTOPHER KELLY
- #105 Jury Notes (2) and Written Responses (2) as to LEO CHRISTOPHER KELLY
- #107 VERDICT FORM as to LEO CHRISTOPHER KELLY
- #109 NOTICE OF WITHDRAWAL OF APPEARANCE Michael G. James by USA as to LEO CHRISTOPHER KELLY
- #110 Unopposed MOTION for Extension of Time to file motion for new trial by LEO CHRISTOPHER KELLY
- #111 ORDER granting Motion [110] for Extension of Time to File Motion for New Trial. It is ORDERED that the defendant must file a motion for new trial by 07/15/2023. Signed by Judge Royce C. Lamberth on 06/06/2023
- #118 MOTION pursuant to Rule 33 for new trial by LEO CHRISTOPHER KELLY
- #121 NOTICE of filing exhibit for motion for new trial by LEO CHRISTOPHER KELLY re 118 MOTION pursuant to Rule 33 for new trial, 120 MOTION for Acquittal
- #121 a) Exhibit (redacted)
- #121 b) LEO KELLY JURY TRIAL - DAY 1 TRANSCRIPT
- #122 RESPONSE by USA as to LEO CHRISTOPHER KELLY re 118 MOTION pursuant to Rule 33 for new trial, 120 MOTION for Acquittal Government's Opposition
- #128 SENTENCING MEMORANDUM by LEO CHRISTOPHER KELLY
- #128 a) Exhibit (redacted)
- #128 b) Exhibit (Communication)
- #128 c) Exhibit (redacted)
- #128 d) Exhibit ( Leo Kelly Letter)
- #129 SENTENCING MEMORANDUM by USA as to LEO CHRISTOPHER KELLY
- #130 NOTICE of filing letters of support by LEO CHRISTOPHER KELLY
- #130 a) Exhibit (redacted)
- #130 b) Exhibit- Character Letters
- #131 MEMORANDUM OPINION as to LEO CHRISTOPHER KELLY. Signed by Judge Royce C. Lamberth on 8/16/2023
- #132 ORDER denying Motion [118] for New Trial and Judgment of Acquittal as to LEO CHRISTOPHER KELLY
- #133 NOTICE of additional letters of support by LEO CHRISTOPHER KELLY re [130] Notice (Other)
- #133 a) Exhibit (redacted)
- #133 b) Exhibit- Character Letter
- #133 c) Exhibit- Character Letter
- #133 d) Exhibit- Character Letter
- #133 e) Exhibit- Character Letter
- #133 f) Exhibit- Character Letter
- #135 JUDGMENT as to LEO CHRISTOPHER KELLY. Statement of Reasons Not Included. Signed by Judge Royce C. Lamberth on 8/18/2023
- #137 NOTICE OF APPEAL - Final Judgment by LEO CHRISTOPHER KELLY re [135] Judgment. Filing fee $ 505, receipt number 205408. Fee Status: Fee Paid. Parties have been notified
- #138 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid as to LEO CHRISTOPHER KELLY re [137] Notice of Appeal - Final Judgment.
- #139 MOTION for Bond pending appeal by LEO CHRISTOPHER KELLY
- #139 a) Memorandum in Support
- #140 RESPONSE by USA as to LEO CHRISTOPHER KELLY re [139] MOTION for Bond pending appeal
- #141 REPLY TO OPPOSITION to Motion by LEO CHRISTOPHER KELLY re [139] MOTION for Bond pending appeal
- #142 MEMORANDUM ORDER denying Motion 139 for Bond Pending Appeal as to LEO CHRISTOPHER KELLY (1). Signed by Judge Royce C. Lamberth on 9/27/2023
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