DOJ dismisses case of former Oath Keeper from Punta Gorda who entered Capitol on Jan. 6

David Moerschel, a former neurophysiologist, husband, father, and member of the Oath Keepers, had his case dismissed by the Department of Justice after serving 10 months in jail for entering the U.S. Capitol on Jan. 6, 2021.

Moerschel told Gulf Coast News in 2025, after receiving a commutation from President Donald Trump, that he regretted being at the Capitol and was seeking a pardon. He said the only reason he went up the Capitol steps was to help another medical professional.

“He didn’t take a single photo. He didn’t scream. He didn’t cheer. He didn’t celebrate. He stood with his back against the wall, scared, and then ultimately exited the building on his own accord,” his attorneys said.

Connor Martin, one of Moerschel’s attorneys, said, “He actually had no intention of going to Washington, D.C., that day. It was a last-minute decision. His actions at the Capitol, his time at the Capitol was very brief. He was inside the building for less than 11 minutes.”

Moerschel was one of 14 Oath Keepers who received a commutation from Trump rather than a pardon. His attorney, Scott Weinberg, explained the significance of the DOJ’s decision to dismiss the case.

“David was one of the 14 who did not receive a presidential pardon. He only received a commutation. That means his sentence is over. But the case is still on his record. So we appealed the underlying case. And at this time, the Department of Justice has decided to agree with our appeal and dismiss the underlying case, which is actually better than a pardon, because it’ll be as if it never happened,” Weinberg said.

Reflecting on his experience, Moerschel said, “I regret being there in the first place. I regret going.”

Weinberg shared his perspective on the impact of Moerschel’s brief time inside the Capitol.

“I think the final lesson is that an 11-minute mistake can really change the direction of your life,” he said. “You don’t really become friends with your client. You’re not supposed to. But we got to know who David was, and we really appreciate who he was.”

Weinberg acknowledged that the DOJ’s decision might not sit well with everyone.

“I know some people aren’t going to be happy about this result. But I think this is the first step in healing the nation,” he said.

Moerschel has since left the Oath Keepers and returned to his family, seeking a quieter life. Weinberg described the outcome as a long-awaited victory.

“I was talking to him on the telephone, and he kind of described it as being the guy that came in second place to Lance Armstrong. You eventually get the win, maybe a couple of years too late, but a win is a win, and we are very happy for David and his family,” Weinberg said.

DOWNLOAD the free Gulf Coast News app for your latest news and alerts on breaking news, weather, sports, entertainment, and more on your phone or tablet. And check out the Very Local Gulf Coast app to stream news, entertainment and original programming on your TV.