WASHINGTON — A five-time medalist for the U.S. Olympic Swim Team was sentenced Friday to probation and community service for his role in the Jan. 6 Capitol riot.
Klete Keller, 40, pleaded guilty in September 2021 to one felony count of obstruction of an official proceeding. The 6’6” former Olympian, who won two gold medals on the same relay team as Michael Phelps, was charged a week after the riot for joining a mob in the Capitol Rotunda and physically blocking police from clearing the space while yelling expletives about congressional leaders. Keller, who towered above many other rioters inside the building, was identified in part thanks to the Olympic jacket he wore on Jan. 6.
On Friday, U.S. District Judge Richard J. Leon sentenced Keller to six months of home detention, three years of supervised release and 360 hours of community service. Keller will also have to pay $2,000 in restitution for damage done to the U.S. Capitol.
Keller was among the first riot defendants to enter into a cooperation agreement with the government – an agreement that repeatedly delayed his sentencing as he was asked to meet multiple times with prosecutors to provide information about scenes inside the Capitol where no open source video was available. Although the Justice Department argued a 10-month prison sentence was warranted to send a message to the public, Assistant U.S. Attorney Troy Edwards described the recommendation as a “difficult” one to make.
“Mr. Keller is one of, if not the most, remorseful individuals I have encountered,” Edwards said. “I sent that what Mr. Keller felt was remorse for the damage he has done to institutions he once represented. And I believe that to my core.”
Keller was represented for the majority of his case by Edward MacMahon, a highly respected Virginia defense attorney known for his vocal advocacy that cases related to the 9/11 attack should be heard by civilian courts. MacMahon represented al-Qaeda members Zacarias Moussaoui and Khalid Sheikh Mohammed on charges related to the attack. He died in March at the age of 62 while Keller was still awaiting sentencing.
Keller’s case was taken by attorney Zachary Deubler, who argued in a sentencing memo last month that Keller’s extensive cooperation and spotless three-year record on supervision warranted a sentence without prison time. On Friday, Leon agreed.
“If ever there was a case that screamed out for probation, it’s this one,” Leon said.
Leon, who was appointed to the federal bench in 2001 by former President George W. Bush and spent much of the early portion of his career as a judge presiding over petitions from Guantanamo Bay detainees, said Keller’s case was unique not only because of his extensive cooperation but because of his history as an Olympic athlete. Leon said he considered imposing intermittent confinement that would have seen Keller spending weekends in jail for the first portion of his sentence, but decided against it.
“I decided, ultimately, your time would be better spent with your family and doing community service,” Leon said.
Keller spoke briefly during the hearing, saying he’d crossed a line on Jan. 6 and there was no excuse.
“By making that terrible decision I hurt people and I hurt our country,” he said.
Leon urged Keller to spend his community service talking to young people and students who, he said, could benefit from hearing “from a former Olympian, a gold medal winner, about how he learned from his mistakes.”
“I expect you to succeed,” Leon told Keller as the hearing concluded.
“Thank you, your honor,” Keller said. “I will.”
More than 1,200 people have now been charged in connection with the Capitol riot. Of those, more than 800 have now pleaded guilty to or been convicted at trial of charges ranging from disorderly conduct to seditious conspiracy. More than 400 defendants have received at least some prison time as part of their sentence.