A former Olympic swimmer who wore his “USA” jacket to the U.S. Capitol riots Jan. 6 has pleaded guilty to one count of a seven-count indictment as part of an agreement with federal prosecutors.
Klete Keller, who won two gold medals for the U.S., was among the first individuals to be charged in the Capitol assault. On Wednesday, the 6’6” athlete was in federal court in Washington, D.C., to enter a guilty plea to one felony count of obstruction of an official proceeding over his actions Jan. 6.
Keller, represented by attorney Ed MacMahon, is facing a maximum sentence of 20 years over the felony charge, although the guidelines have him facing a potential sentence of 21 to 27 months, according to Wednesday’s court proceedings.
Keller’s plea hearing before U.S. District Senior Judge Richard Leon in the D.C. federal courthouse—down the street from the Capitol building—appears to be the first among the Jan. 6 prosecutions where an outside phone line was not available for members of the public and media to call in. About 15 people sat in the gallery of the courtroom, wearing masks as required by the court. Leon, who did not wear a mask, said he allows vaccinated people to take off their masks while speaking in his courtroom.
As part of the plea deal with prosecutors, Keller has agreed to cooperate with federal investigators. Assistant U.S. attorney Troy Edwards, under questioning from Leon, did not discount the possibility of Keller providing testimony during upcoming trials. Federal prosecutors may also request he receive a sentence below the guidelines, depending on the scope of his cooperation.
Leon appeared ready to set a sentencing date at the end of the hearing, but Edwards asked for a deferral due to Keller’s anticipated efforts assisting the federal government. The senior judge at first seemed put off by the request, noting that Keller has already spoken with federal officials.
Edwards said a deferral would be appropriate at this stage, and that the government would try to give “more clarity” at a future hearing. Leon set a status hearing for Nov. 16 but warned prosecutors against delaying Keller’s sentencing for too long.
“This has been hanging over his head now for, not quite a year, but quite a period of time,” Leon said. The judge said that he’s watched cooperators in the D.C. trial court, largely in narcotics cases, see long periods of time between them entering a plea and being sentenced. He added that a number of the Jan. 6 cases have also resulted in pleas rather than trials. “I think the likelihood he’s going to be called upon to testify in trial is very slim,” Leon said, adding that he’s “sensitive to the fact these defendants have to move on with their lives.”
Edwards acknowledged Leon’s points but noted that a number of trials have been scheduled for Jan. 6 defendants in the coming months. He added that more cooperation could be in Keller’s benefit, as it could influence prosecutors’ stance on his sentencing.
MacMahon echoed that point, saying that Keller is “embarrassed” and “trying to make amends” for his behavior on Jan. 6, to both the court and the country.
The count Keller pleaded guilty to, obstruction of an official proceeding, is the subject of several motions to dismiss in multiple Jan. 6 prosecutions, with federal judges poised to weigh in on the constitutionality of the charge.
As part of the hearing, Edwards read aloud what the government would have sought to prove at trial. The prosecutor said that Keller flew from Colorado to D.C. on Jan. 5, before attending a rally the morning of Jan. 6.
Keller was then part of the crowd that unlawfully entered the Capitol building, where he spent about an hour, according to Edwards. The gold medalist—wearing his Olympic “USA” jacket—took photos and videos throughout his time in the building and chanted “**** Nancy Pelosi” and “**** Chuck Schumer,” which others repeated, the prosecutor said. He also “jerked his elbow … shaking law enforcement officers off of him” at one point, Edwards said, and at another time prevented officers from advancing.
After Jan. 6, Edwards said, Keller destroyed his phone and memory card and threw away the USA jacket. He later surrendered after being identified in the crowd partly due to his height and the jacket.
