Pam Bondi Continues Biden DOJ Weaponization In opposition to Border Wall Builder
Timothy Shea remains the only defendant still incarcerated in the “We Build the Wall” federal case after a trial marred by allegations of judicial and prosecutorial misconduct.
Of the four men federally indicted, only Shea is currently serving prison time. On August 20, 2020, federal authorities indicted Timothy Shea with Steve Bannon and two others. While Bannon received a presidential pardon, Shea chose to fight the charges in court.
This article provides a foundational overview of the Timothy Shea case, detailing his indictment, the two trials that followed, and the sentence that has kept him imprisoned for over 27 months. The following sections will outline the key events of the case, from the initial charges to the controversial conviction and the ongoing fight for his release.
The Indictment and the Charges
Timothy Shea faced charges in the Southern District of New York in connection with the “We Build the Wall” fundraising campaign. The indictment alleged that funds from the campaign were used for personal expenses, a claim Shea sought to disprove at trial.
The case was prosecuted in New York, despite the fact that “We Build the Wall” operated primarily in Florida, Arizona, and along the border. The choice of venue in the Southern District of New York immediately raised concerns about political motivations, as the jurisdiction is known for its aggressive prosecution of cases related to President Trump and his allies.
The Trials and the Contested Conviction
Timothy Shea’s legal battle involved two separate trials; the first ended in a mistrial. Shea’s first trial in the Southern District of New York resulted in a hung jury. However, Judge Analisa Torres, an Obama-appointee, ordered a second trial.
The second trial concluded with a conviction, but it was immediately contested due to allegations of a tainted jury and prosecutorial misconduct. The progression from a mistrial to a conviction in a second, hastily arranged trial has formed the basis of Shea’s appeal and his family’s public advocacy for his release.
The Sentence and Current Status
Timothy Shea received a 63-month sentence in federal prison, a sentence his family and legal advocates argue is disproportionately harsh. According to government sentencing memos, Shea was considered the “least culpable” of the defendants. Despite this, his 63-month sentence is significantly longer than the 20-28 month federal guidelines for similar first-time, non-violent offenses.
He has currently served over 27 months and has been denied compassionate release. Shea remains the only person imprisoned in this case, having missed three Christmases with his family, which includes teenage children.
The Path Forward
Timothy Shea’s journey through the federal legal system has been defined by a contested conviction and a sentence that appears to be an outlier when compared to his co-defendants and federal guidelines. The basic facts of the case—a politically charged venue, a mistrial followed by a conviction, and a severe sentence—raise fundamental questions about the fairness of the process.
Shea’s family, led by his son Jett, continues to advocate for a presidential pardon to address what they see as a miscarriage of justice and to bring him home.