Man charged in US Capitol riot worked for FBI and held top-secret security clearance, lawyer says

'He has been vetted and found numerous times as a person worthy of the trust,' attorney says

A man who authorities say led a far-right militia group in the attack at the US Capitol has held a top-secret security clearance for decades and previously worked for the FBI, his attorney has said.

Thomas Caldwell, who authorities believe is a leader of the far-right Oath Keepers militia group and helped to organise a ring of other extremists, was charged with conspiracy for his alleged role in the riot last month.

Mr Caldwell's lawyer, Thomas Plofchan, said the defendant worked as section chief for the FBI from 2009 to 2010 after retiring from the Navy as part of a motion urging the judge to release him from jail while he awaits trial. 

The defense said Mr Caldwell, who has denied being part of the Oath Keepers, has held a top-secret security clearance since 1979, which required multiple special background investigations, according to Mr Plofchan. 

Mr Caldwell also ran a consulting firm that did classified work for the US government, the lawyer said. 

“He has been vetted and found numerous times as a person worthy of the trust and confidence of the United States government, as indicated by granting him Top Secret clearances," Mr Plofchan wrote. 

The FBI did not immediately comment on Monday evening. 

The Oath Keepers, a group that reportedly has tens of thousands of members, claim to fulfill the oath that military and police officers take to defend the Constitution against all enemies, Business Insider reported.

They believe the federal government has been co-opted by a conspiracy trying to strip Americans of their rights, charging documents reportedly say.

Mr Caldwell, who has denied all charges, has been held since his arrest at his home in Berryville, Virginia, on 19 January.

His lawyer has said he denies ever going into the Capitol and has “physical limitations” that would prevent the 66-year-old from forcing his way into any building. 

The man's lawyer said his client retired as a lieutenant commander with the Navy and that he was a “100 per cent disabled veteran.” 

Mr Caldwell suffered from complications related to a "service-connected injury,” including shoulder, back and knee issues, the attorney said. 

In 2010, Mr Caldwell had spinal surgery, which later failed and led to chronic spinal issues and a diagnosis of post-traumatic stress disorder, according to the court filing. 

"It is noteworthy that despite reports of 100,000 photo and video recordings of the incidents on 6 January 2021, the Government has not identified any photo or video that shows Mr Caldwell in the US Capitol Building…," Mr Plofcan wrote in court documents, according to Business Insider.

Authorities say they obtained Facebook messages between Mr Caldwell and others suggested he played a significant role in arranging hotel rooms in the area in the days before the siege.

Business Insider reported that on the evening of 6 January, Mr Caldwell reportedly started a Facebook Live video that appears to have been taken from inside the Capitol building.

The outlet also reported that authorities said Mr Caldwell sent a Facebook message reading, "Us storming the castle...I am such an instigator!"

Authorities say the Oath Keepers communicated during the attack about where lawmakers, who had met to verify the result of the 2020 election, were.

At one point during the siege, Mr Caldwell received a message that said “all members are in the tunnels under the capital,” according to court documents. “Seal them in turn on gas," it said. 

Other messages read: “Tom all legislators are down in the Tunnels 3floors down" and "go through back house chamber doors facing N left down hallway down steps," according to court documents. 

Mr Caldwell is one of three people authorities have described as Oath Keepers who were charged last month with conspiracy and accused of plotting the attack on the Capitol in advance.

Roughly 200 people charged so far in the siege for federal crimes such as disrupting Congress, disorderly conduct, and assault. 

A special group of prosecutors is weighing whether to bring sedition charges, officials have said. 

Reporting by the Associated Press