More than 70 members of the U.S. military, both current and former, are facing criminal charges for participating in the Jan. 6 insurrection at the U.S. capitol.  

The defendants include many with decorated careers serving the military. The Justice Department has argued a rioter’s status as a veteran is an aggravating factor. Some judges hold veterans to a higher standard when considering punishment because of their commitment to protecting the United States and its constitution.  

RELATED: House Select Committee Holds Hearing on January Insurrection  

According to CNN, Sgt. Jeffrey McKellop, a 23-year Army veteran,served in Iraq and Afghanistan during his active duty. McKellop was charged for his participation in the insurrection where he is accused of assaulting police with a flagpole. He entered a not guilty plea and has been in jail since March. 

District Judge Carol Nichols said McKellop “should have known better” and ruled against the veteran’s release before his trial. “I really credit his military service. It’s really remarkable, and I thank him for it,” the judge said. “But it suggests that he should have known better. I am more concerned about his conduct that day than I might have been if it was some random person.”  

RELATED: Supporters of Insurrectionists Gather at ‘Justice for J6’ Rally  

Larry Rendall Brock Jr., an Air Force veteran, was photographed in the Capitol during the attack wearing military-style clothing. According to an NPR investigation, he posted on Facebook and said he was preparing for a “Second Civil War.” In that same Facebook post, Brock referenced his oath, writing “Against all enemies foreign and domestic.”  

While some judges are coming down hard on veterans who broke their promise to protect the country they served, others are being lenient. Chief Judge Beryl Howell refused to sentence a retired lieutenant colonel to jail time for his participation in the attack. Instead, the veteran was given three months house arrest, probation and a fine, CNN reported. “It surprises me that the government is holding that service –that, I think, most Americans would have enormous respect for –against this man,” Howell said.  

RELATED: Report Suggests GOP Lawmakers’ Involvement With Jan. 6 Insurrection 

Of the more than 650 people who have been charged in the Jan. 6 insurrection, about 1 in 10 served in the military. According to CNN, a quarter of the veterans facing charges also have alleged ties to far-right extremist groups, including the Oath Keepers and the Proud Boys, who are known to recruit retired police officers and former military personnel.  

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