‘This is what you have when vindictive leftists get in charge of major parts of the government’: Rep. Gohmert
Just when the wife of one incarcerated Jan. 6 prisoner believed things couldn’t get worse, the Department of Veterans Affairs (VA) informed her they are going to suspend all of her husband’s benefits. According to United States Representative Louie Gohmert (R-Texas), “this is what you have when vindictive leftists get in charge of major parts of the government.”
In an unsigned letter from the VA—dated June 13 and appearing to originate from the “Director Regional Office,”—Angel and Kenneth Harrelson were notified that the administration “received information from the United States Department of Justice” that Kenneth had been “indicted and charged with Seditious Conspiracy (18 U.S.C 2384).”
The letter further noted that: “Pursuant to 38 U.S. Code § 6105(a)”—Forfeiture for subversive activities—”after receiving notice of an indictment for the above offense” the “VA must suspend payment of gratuitous benefits pending disposition of the criminal proceedings. If convicted, gratuitous benefits are forfeited, automatically, from and after the date of the offense.”
The “date of the offense” is Jan. 6, 2021.
“Based on the information above,” the VA further informed the Harrelsons that they “propose to suspend” their “compensation benefit payments effective September 1, 2022, which is the first day of the month following a 60-day due process period.”
“If you are subsequently acquitted of this charge, payments can be resumed from the date of suspension, if otherwise in order. If you are convicted, benefits will be retroactively terminated effective January 5, 2021, the date proceeding the offense, or from the date your award commenced, whichever is later.”
According to 38 U.S. Code § 6105:
“Any individual who is CONVICTED after September 1, 1959, of any offense listed in subsection (b) of this section shall, from and after the date of commission of such offense, have no right to gratuitous benefits (including the right to burial in a national cemetery) under laws administered by the Secretary based on periods of military, naval, air, or space service commencing before the date of the commission of such offense and no other person shall be entitled to such benefits on account of such individual.”
According to the 18-page criminal complaint (pdf), Kenneth Harrelson was charged with Conspiracy (1) Obstruction of an Official Proceeding and Aiding and Abetting (2) Destruction of Government Property and Aiding and Abetting (3) Entering and Remaining in a Restricted Building or Grounds (4) Tampering with Documents or Proceedings (5). According to the Arrest Warrant (pdf), Kenneth was arrested at his home in Titusville, Florida, on March 10, 2021. According to the Criminal Docket, the seditious conspiracy charge was added with several others on Jan. 12, 2022.
Kenneth is currently being held in the Correctional Treatment Facility in southeast Washington and has been incarcerated, without a trial and without being convicted of any crime, for over 475 days.
Page two of the letter explains that: “if convicted,” the change in his benefits “may mean” the VA had paid “too much,” in which case they will send another letter letting them “know if the changes go through.” If so, the “VA’s Debt Management Center will send a letter explaining how much” they’ve “been overpaid, as well as how to repay this debt.”
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