(LifeSiteNews) — January 6 prisoner Leo Kelly is being targeted by the Department of Justice (DOJ) despite being released from prison two months ago.
“I don’t see anyone at the DOJ upholding justice these days. Do they even have a loyalty to what the agency’s purpose is for?” Kelly told LifeSite in a phone call this week.
Kelly, 39, is from Cedar Rapids, Iowa. He previously sat down with LifeSite to explain why he entered the U.S. Capitol on January 6, 2021.
Americans were “betrayed by Congress … betrayed by the judicial branch … betrayed by our local governments, our mayors and everything. What are we supposed to do?” he told LifeSite correspondent Jim Hale three years ago.
Kelly was sentenced to 30 months for what was deemed to be a felony for obstructing a governmental proceeding, along with six misdemeanors. Even though the prosecuting attorneys asked for 27 months, the judge tacked on another three for a total of 30. He started serving his sentence in October 2023.
This past June, the U.S. Supreme Court ruled that the felony charge for many J6 prisoners was to be dismissed, with Kelly among them.
In September, his dad, Chris, and several other family members called the Minnesota-based prison where he was being detained. Shockingly, they learned that he was being released just three hours later.
Chris told LifeSite on Tuesday during a phone call that his son should have been freed in June as he had acquired credits toward an early release thanks to President Donald Trump’s First Step Act.
“He should have been released as soon as the Department of Justice threw out the felony,” he said. “The Bureau of Prisoners was probably in a panic to get rid of him because it’s false imprisonment.”
The Associated Press picked up Leo’s story after his release was reported by Iowa media.
“The federal Bureau of Prisons mistakenly released an Iowa man from custody,” the AP claimed last month, citing a Justice Department court filing that said he was freed due to a “misinterpretation of a court order.”
But Kelly’s father says there is nothing mistaken about his son’s release.
“After the Supreme Court’s decision, the Appeals Court told the DOJ to ‘not burden us with all these cases to review. Just tell us which ones you’re going to drop the felony charge on.’ So, they gave the list to the Appeals Court and Leo’s name was on it. They now want a re-sentencing, but he doesn’t have a felony, only misdemeanors, and he’s already served a year,” Chris said.
“It appears that the local officials understood the implications of the lack of a felony, so they let him out,” he added. “The DC prosecutors seem to be blaming the local authorities for releasing him, so they want a resentencing hearing. But, again, the felony’s gone. There is no point resentencing because the maximum Leo could have served was a year for his misdemeanors and he has already done that.”
Leo, who voted for Trump this week, spoke to LifeSite via telephone.
“What the government is trying to do to me pales in comparison to the injustice that was done to Our Lord on the cross 2,000 years ago,” he said. “God is my defender. And my ‘mistaken’ release was not a mistake. Liars always lie.”
Asked if he has a message for other J6 prisoners and if he expects Trump to pardon them, he said that he “hopes” Trump will do that, but that he and others he did what they did because they love America and that the sacrifice was worth it, regardless of what Trump does.”
“The law was used as weapon against us. Our government is corrupt and lawless right now. America needs to repent, humble itself, and turn from our wicked ways so God will heal our land,” he said. “Trump’s victory is a step in that direction, but there is more to be done now.”
More than 1,200 Americans have been charged with breaking the law in Washington, D.C. on January 6, 2021. The AP states that over 600 have been convicted and are serving prison terms of up to 22 years. It is being reported that Trump may issue pardons for those who were involved in the protest.