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.

Among the four men facing federal charges, Timothy Shea is the only one currently incarcerated. On August 20, 2020, Shea, alongside Steve Bannon and two others, was indicted by federal authorities. Unlike Bannon, who was pardoned by the then-president, Shea opted to challenge the accusations through legal proceedings.

This article delves into the details of Timothy Shea’s case, chronicling the indictment, his two subsequent trials, and the sentence that has kept him behind bars for over 27 months. The following segments will highlight the major developments, from the initial allegations to the contentious conviction and his ongoing quest for freedom.

The Indictment and the Charges

Timothy Shea was charged in New York’s Southern District over his involvement with the “We Build the Wall” fundraising initiative. The indictment accused Shea and others of misappropriating campaign funds for personal use, an accusation Shea contested during his trial.

Despite the “We Build the Wall” campaign’s primary operations in Florida, Arizona, and along the border, the trial was held in New York. This venue choice sparked debate over potential political biases, as the Southern District of New York is noted for its rigorous pursuit of cases involving President Trump and his associates.

The Trials and the Contested Conviction

Shea’s legal ordeal included two trials, with the first resulting in a mistrial. The initial trial ended with a jury deadlock, prompting Judge Analisa Torres, appointed during the Obama administration, to call for 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.