Judge to decide fate of two Oath Keepers who breached Capitol on Jan. 6

James Beeks and Donovan Crowl each formally agreed to a stipulated bench trial on two felony counts — conspiracy to obstruct an official proceeding and civil disorder — in connection with the Jan. 6, 2021, Capitol attack. Justice Department prosecutors agreed to dismiss three other felony counts and a misdemeanor at the end of the proceedings.

Instead of a federal jury in Washington, D.C., deciding the pair’s fate, Mehta will issue a verdict after hearing closing arguments expected Tuesday, based on a set of agreed-upon facts. Prosecutors and defense attorneys were still finalizing those details Monday.

Because the defendants will agree to stipulations, they could argue that a reduced sentence is warranted if convicted.

Beeks, an ex-Broadway star who is representing himself but has access to standby counsel, arrived at court Monday wearing a maroon suit over a black T-shirt showing a dog superimposed over an American flag.

Beeks requested a type of judgment by the court be made in favor of one party without a full trial but was informed that wasn’t available in federal criminal cases.

He also questioned whether the court has jurisdiction over him, signaling ties to the “sovereign citizen movement” he has referenced in court documents.

Adherents to that movement believe that the U.S. government is illegitimate and use that as reasoning to evade laws, according to the Anti-Defamation League.

Carmen Hernandez, Crowl’s defense attorney, asked the court to reconsider whether statements made by Oath Keepers leaders like founder Stewart Rhodes or top deputy Kelly Meggs are relevant to Crowl’s case, which Mehta declined.

“They’ve written the First Amendment out of the Constitution,” Hernandez quipped to reporters after Monday’s proceedings.

Closing arguments are set to begin Tuesday morning, where prosecutors said they intend to show some 20 exhibits in remarks lasting around 45 minutes. Defense attorneys also said their closing arguments would last under an hour. A verdict is also expected Tuesday.

On Jan. 6, Beeks tried to push through a line of law enforcement officers guarding the hallway leading to the Senate chamber, according to court filings.