Leo Kelly decided that January 6th, 2021, was a massive event in the history of the United States, and he wanted to witness it first-hand. This led to a year-long roller coaster for him. After listening to the President speak at the Ellipse that day, he marched with thousands of others to the Capitol Building.
When Kelly arrived at the Capitol, he observed many people but didn't see any police officers. He had been to the Capitol Building once before, more than ten years ago, when you could actually walk right up to the building. So, at the time, he didn't see a problem with walking on the grass or up the steps. There were no signs, and there were no fences.
When he reached the top of the stairs, he observed that the windows were broken, which seemed strange to him. Not far away was a fire door. Someone had broken the window in the door, and an individual reached inside and was able to open it. It would come to Kelly's attention that, for some reason, the magnetic locks on doors like this were disabled.
He walked into the Capitol Building, and that was when he saw, for the first time, a police presence on or near the grounds. He noticed that they appeared to be "kids," but no one was doing anything to stop people from entering the building. Kelly eventually arrived at the Parliamentarian's Office, where people were ransacking things inside. He went inside and got those who were rampaging to stop their behavior. His actions to stop and try to prevent further destruction of the office wouldn't help him later on.
He followed a group of people and surprisingly wound up on the floor of the Senate. He was there when Jacob Chansley was on the dais. There was a call to pray in that room. Kelly knelt, prayed, and then left that "Iconic place." Leaving the Senate Chambers was the first time an officer spoke to him and instructed him to leave the building, which he did. Later that night, he participated in an interview, receiving more than 4 million views online. He had videos of the day on his phone, which would later be used against him.
After returning to Iowa, he realized the FBI was trying to identify those there that day. Kelly called a friend associated with federal law enforcement and told him what he had done on January 6th. His friend got back to him shortly after and told him that he was going to be arrested but that the FBI would contact him, and he would be able to self-surrender, be arraigned, and be let go that same day.
On a Federal Holiday, without contacting him first, the FBI showed up at his workplace to make a public display of his arrest. Although he didn't get the SWAT Team treatment, being a federal holiday, Kelly felt as if they purposely came to his work on what would typically be a day off to get him into custody. He couldn't be arraigned that day and wouldn't be let go that afternoon—ending up at the local jail in Cedar Rapids for the night.
After his arraignment, he was put on federal pretrial release supervision. He was even made to wear an ankle monitor for a time, which he discovered later wasn't standard protocol. His trial would eventually be set for May 2023. Obtaining a lawyer in Iowa through an acquaintance, he found the system was nothing like he thought it would be. He grew up as a home-schooled kid and was taught and held dearly to the Declaration of Independence and the Rights enshrined in the U.S. Constitution. He believed the judges, the prosecutors, and the defense attorneys protected these documents—they didn't. Through his experience, he saw that the Constitution was not in force in the Courts of Washington, D.C.
While Kelly has no negative things to say about his specific attorneys, they often stressed that he should avoid Constitution-based arguments because they wouldn't end in his favor. Speaking with 10 to 20 different attorneys in the Washington, D.C. area, when he brought up the Constitution, they told him they'd "be happy to make the argument, but if you go that route, you'll lose because…the Constitution doesn't apply in Washington, D.C."
Kelly went to trial on Trespassing, Disorderly Conduct, and one Felony Charge, 1512c, which many J6 defendants were charged with. Jury selection seemed to focus on making sure people were avid readers of the Washington Post or watchers of the Local TV stations. It didn't focus on their thoughts on the Right to Free Speech, Religion, or Assembly found in the First Amendment. Kelly felt the jury was one-sided and did not favor Conservatives.
Kelly was sentenced to 12 months on two trespassing charges and 6 months on a disorderly conduct charge, which were to run concurrently. It was the 1512c that gave him a 30-month sentence in custody. He turned himself into the FMC federal prison in Rochester, Minnesota, to start serving his sentence. Kelly had never been to jail before and believed "God watched out for me." The prison was a low-security, calm place where his cell door had no lock. He was assigned to the work cadre in the prison and became part of the plumbing crew.
"Prison is a terrible place to be, don't get me wrong. God protected me and I was able to walk in the light, God favored me." From the start of his ordeal, he told himself he would "stay faithful to my God, and it made my journey much better." While inside, Kelly stated that there were officers who tended to see the injustice of his sentence, but he knew others seemed to have a personal mission to ensure the sentence was as stiff as possible.
Based on his good behavior and the Supreme Court decision on the 1512c convictions, Kelly overstayed his prison sentence. He stated that the BOP had difficulty calculating sentences. On September 19th, 2024, he was called to the Unit Secretary's office and informed that he needed a family member to pick him up immediately. For the first time since he turned himself in, he could use an actual phone. His brother arrived, and he left the prison two hours later.
"I got my ID back; it felt surreal like a lot of things I couldn't believe it." He was given regular clothing and allowed to change in private. He left the prison and went to a restaurant to wait for his family's arrival. He ordered a chicken waffle sandwich because he wanted as many different tastes as possible for his first meal of freedom. The Appeals Court ordered his charge to be vacated.
It wasn't the end of Kelly's ordeal, though. Not long after his release, the U.S. Attorney's Office decided he was mistakenly released and ordered him to return to Washington, D.C., to be sentenced again. Kelly's attorney told him it was a real possibility that he would have to return to prison, but this time, he would have to go through the jail in D.C. and then be placed into the transit system. The D.C. Court even demanded the prison warden in Minnesota submit a report on why Kelly was released, or they would be held in contempt.
Kelly had experienced a brief return to freedom only to be faced with another sentencing and a return to jail as he was ordered back to D.C. His attorney met him in the courthouse and said, "You're going back to jail,"—this was when it felt too much for him. He had withstood everything they threw at him, but this was a grim possibility.
During resentencing, his attorney told the judge, "This is not about the law at this point…if you do this, people are going to think the court doesn't respect the Supreme Court." For some reason, the judge called a recess, and Kelly didn't know what happened in those ten minutes, but it seemed the judge had changed his mind. Kelly knew right at that moment many people were praying for him and felt "God's protection around me." He believes the judge fully intended to send him back to prison, but something changed his mind. Looking back, Kelly said, "I am convinced…God interrupted the normal course of events for me and kept me from going back to prison that day in that courtroom."
Kelly resumed working at his family's business, 2pifi, an internet provider in Cedar Rapids. Some of the takeaways he talks about are the need for massive reform in the system, especially the D.C. courts, the Government's responsibility to secure our rights, and the fact that it can only maintain legitimacy when it does so. He added, "God has a track record of preserving us. And he's just waiting for us to give him our faithfulness and attention."
Kelly has yet to receive any specific notification that he was pardoned. He read President Donald Trump's pardon on January 20th, 2025, and is taking his cues from that document.
