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'No more' | Judge orders disbarred attorney to stop filing on behalf of Oath Keeper client

U.S. District Judge Amit P. Mehta told Jonathon Moseley he was only acting as 'caretaker counsel' until Kelly Meggs could find a new lawyer.

WASHINGTON — A federal judge has ordered a disbarred attorney to stop filing new motions for the Oath Keeper he was representing in a Capitol riot case.

U.S. District Judge Amit P. Mehta issued the order Wednesday telling attorney Jonathon Moseley to “refrain from filing any additional motions” on behalf of Florida Oath Keeper Kelly Meggs, who is one of a group of militia members accused of sedition in connection with the Jan. 6 assault on the Capitol.

Moseley was disbarred earlier this month by the Circuit Court of Prince William County after it determined he violated six of the Virginia State Bar’s Rules of Professional Conduct. The federal court in D.C. requires attorneys to be members in good standing either with the D.C. Bar – where Moseley is not a member – or the “highest court of any state in which you maintain your principal law office.”

Since being disbarred, Moseley has filed at least three new motions on Meggs’ behalf, including one Wednesday in which he said he believed until he received a temporary order of suspension he had an “obligation and duty” to continue representing Meggs.

On Wednesday, Mehta – who previously reprimanded Moseley and another attorney, Brad Geyer, for trying to turn the court into a forum for “bombastic arguments” comparing COVID-19 vaccines to the Holocaust – obliged.

“At this juncture, Mr. Moseley remains only caretaker counsel until successor counsel enters an appearance,” Mehta wrote. “The court will consider those motions already filed by Mr. Moseley, but no more, absent exigent circumstances and leave of court.”

Meggs and other Oath Keepers were in court last week for a status hearing, during which Mehta pressed him on what his plan was going forward. Meggs suggested he was considering representing himself. To date, no other attorneys have filed appearances in his case.

Moseley also represents Oath Keepers founder Stewart Rhodes in a civil case against him and other alleged Jan. 6 conspirators, as well as Cynthia Ballenger, a Maryland woman who informed the court Tuesday she would be represented going forward by attorney Nandan Kenkeremath. Kenkeremath has been representing her husband, Christopher Price, in their joint Capitol riot case.

Moseley previously represented Philadelphia Proud Boys leader Zachary Rehl. Rehl informed the court late last year he wanted to drop Moseley as counsel in favor of a public defender — which Moseley eventually relented to after an unusual series of filings warning Rehl he could lose access to funds donated for his defense and suggesting the government was trying to "manipulate" him.

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