A Tennessee man pardoned by President Trump in January for his role in the Jan. 6, 2021, assault on the U.S. Capitol will nevertheless serve a life sentence for plotting to attack FBI agents and seeking to incite a “civil war,” according to prosecutors.

Edward Kelley, who was the fourth U.S. Capitol rioter to enter the building on Jan. 6, 2021, faced a separate prosecution for targeting federal agents while he was being investigated for his role in the Capitol attack.

The Justice Department argued Kelley created a “kill list” of FBI agents and others who investigated his role in the Jan. 6 siege. Prosecutors said Kelley “distributed this list — along with videos containing images of certain FBI employees identified on the list — to a co-conspirator as part of his ‘mission.'”

A jury convicted Kelley of conspiracy charges in November, and a federal judge in the Eastern District of Tennessee sentenced Kelley to life in prison on Tuesday.

Though Kelley was among the more than 1,500 Capitol riot defendants pardoned on January 20, 2025, the pardon did not extend to Kelley’s conspiracy case in Tennessee. Last month, prosecutors argued, “Edward Kelley is remorseless and has shown neither a capacity nor desire to rehabilitate. On the contrary, Kelley not only believes the actions for which he was convicted were justified but that his duty as a self-styled ‘patriot’ compelled him to target East Tennessee law enforcement for assassination.”

Prosecutors also said, “The proof at trial established that Kelley targeted law enforcement because of their anticipated role in the civil war that Kelley hoped to initiate and because of his animus towards those who participated in his May 2022 arrest and search of his home.”  

They argued Kelley viewed “the FBI as the enemy and, as such, were valid targets in the civil war because they served as the ‘eyes and ears’ of the government.”

The Justice Department also said, “The defendant identified 36 individual federal, state, and local law enforcement personnel to target for assassination. He created a list of his targets which included names, titles, and cell phone numbers.”

Kelley is one of several Jan. 6 defendants who face prison time in separate criminal cases, including some who have been arrested again after their pardons were issued. 

A Florida defendant was arrested later in January 2025 on a gun charge. A Texas defendant who was freed from prison by the Trump pardon was later arrested, suspected of attempted child solicitation.

A portion of a legal document showing alleged images of and allegations against  Edward Kelley surrounding the Jan. 6, 2021, U.S. Capitol attack.

Department of Justice


Kelley’s role on Jan. 6, 2021, was distinct. Security camera photos showed he was the fourth person to unlawfully enter the Capitol building at the forefront of the mob and he was accused of being part of a group that assaulted an officer. He was also among the group that confronted lone officer Eugene Goodman outside the U.S. Senate chamber as Senators evacuated to safety.

The Justice Department press release issued Tuesday to announce Kelley’s prison sentence did not make a reference to Jan. 6. Prior announcements in his case, from 2022, specified Kelley’s alleged role in the Capitol siege. 



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