Image by maz-Alph from Pixabay
Those who attacked their own nation’s capitol failed to consider the consequences for doing so.
On January 6, 2021, a mob of Donald Trump supporters staged an insurrection at the U.S. Capitol building. The Guardian reported that people stormed the chambers of the House and Senate while the Electoral College votes were being tallied.
Their actions did not change the outcome of the tally. Representatives and Senators returned to their work later that night to certify Joe Biden’s victory over Donald Trump in the 2020 election.
Many of the insurrectionists quickly found themselves facing consequences for their actions. Some now faced legal charges, and others lost their jobs.
The Company ID Badge Guy
January 9, 2021: CNN reported Navistar Direct Marketing provided them with the following statement:
Navistar Direct Marketing was made aware that a man wearing a Navistar company badge was seen inside the U.S. Capitol on January 6, 2021 during the security breach. After review of the photographic evidence the employee in question has been terminated for cause.
While we support all employee’s right to a peaceful, lawful exercise of free speech, any employee demonstrating dangerous conduct that endangers the health and safety of others will no longer have an employment opportunity with Navistar Direct Marketing.
The name of the man was not revealed by Navistar Direct Marketing. That said, several news websites have posted photos of the man inside the capitol wearing a lanyard that has his company name on it.
January 11, 2021: an FBI Special Agent wrote a Statement of Facts for U.S. Magistrate Judge Robin M. Mariweather.
Your affiant, [redacted], is a Special Agent with the Federal Bureau of Investigation. Among my duties, I have been tasked with investigating criminal activity in and around the U.S. Capitol grounds that occurred on January 6, 2021. As a Special Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention, detention, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public.
On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Vice President Mike Pence was present and presiding in the Senate Chamber.
With the joint session underway and with Vice President Mike Pence presiding, a large crowd gathered outside the U.S. Capitol. Temporary and permanent barricades surround the exterior of the U.S. Captiol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside. At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and the crowd advanced to the exterior facade of the building. At such time, the joint session was still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured.
Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowed forced entry into the U.S. Capitol, including bybreaking windows. Shortly thereafter, at approximately 2:20 p.m. members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to – and did – evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without any authority to be there.
Media coverage of the events showed one of the rioters who entered the Capitol building dressed in a red hat that appeared to have the word “Trump” on it, carrying a large red flag reading “Trump is My President,” and wearing an apparent badge from the individual’s place of employment.
The individual appears to be a Caucasian male with a beard. The screenshots below of photographs posted on media sites show this individual in the halls of Congress. In the first image below, the individual is on the far right.
Several media outlets subsequently identified this individual as Nicholas RODEAN. In addition, on January 7, 2021, the FBI received screenshot images from the Facebook account of a restaurant located in Frederick, Maryland suggesting that “Nicholas Rodean” was a “former weekend employee” at the restaurant who “lives in downtown Frederick” and participated in the violent, civil unrest and rioting at the U.S. Capitol Building in Washington D.C. on January 6, 2021.
The poster to the account identified RODEAN as the individual in the front of the third photograph reproduced above. Another employee who formerly worked with RODEAN also identified him, on social media, as the individual in the second photograph identified above.
Finally, a news outlet reported that a business in Frederick, Maryland had terminated RODEAN after becoming aware of the images of the individual pictured above. The news outlet reported that RODEAN had been wearing that business’ badge. A badge can be clearly seen in the above photographs. News articles also showed a posting from the business’s Facebook account confirming the termination.
Your affiant has confirmed these identifications of RODEAN. First, the photographs of RODEAN in the U.S. Capitol display unique attire and a clear view of the individual’s face. Your affiant has viewed pictures posted to the LinkedIn account for Nicholas Rodean, which still lists him as working for the resturant with the Facebook account. The person in the photograph appears to be the same individual in the pictures at the U.S. Capitol. Further, RODEAN has also been identified by law enforcement through open source data bases, including Maryland DMV driver’s license records, as the person depicted inside the Capitol on January 6, 2021.
Finally, on January 8, 2021, an attorney who stated that he represented RODEAN called in to the Washington Field Office of the FBI, to voluntarily speak with law enforcement. Your affient spoke on the phone with the attorney, who confirmed that RODEAN would like to turn himself in to law enforcement. Your affiant informed the attorney that he would contact the attorney again once charges had been brought against RODEAN.
Based on the foregoing, your affiant submits that there is probable cause to believe that Nicholas RODEAN violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; or attempts or conspires to do so.
For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance. Your affiant submits there is also probable cause to believe that Nicholas Rodean violated 40 U.S.C. § 5104(e)(2)(G), which makes it a crime to willfully and knowingly parade, demonstrate, or picket in any of the Capitol Buildings.
March 19, 2021: A Grand Jury indicted Nicholas Rodean with the following:
The Grand Jury charges that:
COUNT ONE: On or about January 2021, within the District of Columbia and elsewhere, NICHOLAS RODEAN attempted to, and did, corruptly obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, by entering and remaining in the United States Capitol without authority and engaging in disorderly and disruptive conduct and destroying federal property.
(Obstruction of an Official Proceeding and Aiding and Abetting, in violation of Title 18, United States Code, Sections 1512(c)(2) and 2)
COUNT TWO: On or about January 6, 2021, within the District of Columbia, NICHOLAS RODEAN did willfully injure and commit depredation against property of the United States, and of any department and agency thereof, and any property which has been and is being manufactured and constructed for the United States, and any department or agency thereof, that is a window, causing damage in an amount more than $1000.
(Destruction of Government Property, in violation of Title 18, United States Code, Section 1361).
COUNT THREE: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN did unlawfully and knowingly enter and remain in a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting, without lawful authority to do so.
(Entering and Remaining in a Restricted Building or Grounds, in violation of Title 18, United States Code, Section 1752(a)(1))
COUNT FOUR: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN did knowingly, and with intent to impede and disrupt the orderly of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, a restricted building and ground, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting, when and so that such conduct did in fact impede and disrupt the orderly conduct of Government business and official functions.
(Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of Title 18, United States Code, Section 1752(a)(2))
COUNT FIVE: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN did knowingly, engage in any act of physical violence against any person and property in a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting.
(Engaging in Physical Violence in a Restricted Building or Grounds, in violation of Title 18, United States Code, Section 1752(a)(4))
COUNT SIX: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN willfully and knowingly engaged in disorderly and disruptive conduct in any of the Captiol Buildings with the intent to impede, disrupt, and disturb the orderly conduct of a session of Congress and either House of Congress, and the orderly conduct in that building of a hearing before or any deliberation of a committee of Congress or either House of Congress.
(Disorderly Conduct in a Capitol Building, in violation of Title 40, United States Code, Section 5104(e)(2)(D))
COUNT SEVEN: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN willfully and knowingly engaged in an act of physical violence within the United States Capitol Grounds and any of the Capitol Buildings.
(Act of Physical Violence in the Capitol Grounds of Buildings, in violation of Title 40, United States Code, Section 5104(e)(2)(F))
COUNT EIGHT: On or about January 6, 2021, in the District of Columbia, NICHOLAS RODEAN willfully and knowingly paraded, demonstrated and picketed in any United States Capitol Building.
(Parading, Demonstrating, or Picketing in a Capitol Building, in violation of Title 40, United States Code, Section 5104(e)(2)(G))
July 12, 2022: “Maryland Man Among First To Breach U.S. Capitol on Jan. 6 Convicted of a Felony and Several Misdemeanors” It was written by Adam Klasfeld.
A Maryland man who counted himself among the first Donald Trump supporters to storm the U.S. Capitol on Jan. 6 was convicted on Tuesday of a felony and six misdemeanors.
Nicholas Rodean, a 28-year-old from Fredrick, broke windowpanes next to the Senate door, leading to his felony charge of destruction of government property, prosecutors say.
Arrested on Jan. 13, 2021, Rodean wore his allegiance to the former president on his red cap and branded “TRUMP” and holding a flag “TRUMP IS MY PRESIDENT.” He was seen in court papers brandishing that banner on a staircase inside the building.
Rodean also had a badge from his workplace hanging from his neck, the FBI noted in its statement of facts.
U.S. District Judge Trevor McFadden, a Trump appointee, found Rodean guilty of destroying government property and six other charges during a bench trial.
The misdemeanor counts were entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a Capitol Building, engaging in physical violence in a restricted building or grounds, disorderly conduct in a Capitol Building, committing an act of physical violence in the Capitol grounds of a Capitol Building, and parading, demonstrating, or picketing in a Capitol Building.
McFadden had previously handed federal prosecutors their only defeat to date on the Jan. 6 docket, quitting New Mexico man Matthew Martin of four misdemeanor charges against him. Martin, who reportedly called Jan. 6 a “magical day,” had “reasonably believed” that he was allowed him inside the building, the Trump appointee found.
In Rodean’s case, McFadden would grant no similar break.
Prosecutors say that Rodean climbed through the empty frame of a window glass that he had broken around 2:13 p.m. Eastern Time, becoming the 15th rioter to illegally enter the building.
“Once inside the building, Rodean joined a small crowd of rioters in pursuing a Capitol Police officer up two flights of stairs to the second floor,” the Department of Justice wrote in a press release. “He proceeded to a long hallway, known as the Ohio Clock corridor, outside the floor of the Senate Chamber, where he remained for more than 30 minutes.
At one point a Capitol Police officer noticed a small round object, appearing to be a small cannonball, in Rodean’s hand. He and another officer convinced Rodean to put away the object. Rodean then took out a hatchet, which the officers also convinced him to put away. After posing for a photo while waiving his flag, Rodean was one of the last rioters to leave the Ohio Clock corridor. He exited the building at about 2:55 p.m.”
Judge McFadden scheduled Rodean’s sentencing for Oct. 21, 2022. The felony count carries a maximum 10-year sentence and the misdemeanors add up to a possible 4.5 years of additional time.
His conviction was announced less than an hour before the House Select Committee to Investigate that Jan. 6 Attack on the U.S. Capitol is expected to hold its next public hearing, focusing on Trump’s ties to extremist groups like the Oath Keepers, Proud Boys, and the QAnon movement.
The Guy Wearing Fur Pelts And Carrying A Walking Stick
You may have seen photos on Twitter of a man wearing round glasses, fur pelts, and carrying a wooden walking stick who was inside the capitol. There is a photo of him sitting on a leather bench while holding a Capitol Police riot shield and wearing a Capitol Police officer’s bullet proof vest.
January 11, 2021, a Criminal Complaint warrant was filed by a Special Agent of the Federal Bureau of Investigation. The complaint was addressed to U.S. Magistrate Judge Zia M. Faruqui. The complaint includes a photo of Aaron Mostofsky that was posted on New York Post.
January 6, 2021, your affiant, Michael Attard was on duty and performing my official duties as a Special Agent. Specifically, I am assigned to the Counter-terrorism squad tasked with investigating criminal activity in and around the Capitol grounds. As a Special Agent, I am authorized by law or by a Government agency to engage in or supervise the prevention, detention, investigation or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by the U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public.
January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3rd, 2020.
The joint session began at approximately 1:00 p.m. Vice President Mike Pence was present and presiding in the Senate Chamber.
With the joint session underway and with Vice President Mike Pence presiding, a large crowd gathered outside the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside.
At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and the crows advanced to the exterior façade of the building. At such time, the joint session was still underway and the exterior doors and windows of the Capitol were locked or otherwise secured.
Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows.
Shortly thereafter, at approximately 2:20 p.m. members of the United States House of Representatives and the United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to — and did — evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
During national news coverage of the aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there.
On January 6, 2021, the subject who identified himself to a New York Post reporter in an interview was profiled in a New York Post article titled, “NYC man says he stormed the US Capitol to fight stolen election.” In the video interview, “Aaron” explained his actions by stating: “the election was stolen,” “we were cheated,” and “I don’t think 75 million people voted for Trump. I think it was close to 85 million.”
“Aaron” continued to tell the interviewer that he traveled from Brooklyn, NY. The New York Post video interview was conducted inside the Capitol Building, during which “Aaron” is observed carrying what appears to be a US Capitol Police riot shield containing the US Capitol Police logo, as well as wearing a US Capitol Police officer’s bullet proof vest labeled “Police”. An image captured from the video interview is provided below.
In the video interview “Aaron” states that he took a police riot shield that he found on floor. “Aaron” then motioned to the police vest on his chest, in what appears to be him indicating that he also found that item on the floor and took it into his possession. He also states that he found a hat on the ground but he returned that item to a police officer because that might be someone’s personal item.
The police riot shield and police vest are items of value belonging to the United States, specifically the US Capitol Police. The police vest is comprised of a carrier, body plates within the vest, and side ballistics, with a total value of $1,905.00. The riot shield is valued at $256.65.
January 7, 2021, your affiant located a second article from the New York Post titled, “NYC man who breached the US Capitol is son of a prominent Brooklyn judge,” The article identified “Aaron” as Aaron Mostofsky. In a search of a New York State Department of Motor Vehicle images, associated with Aaron Mostofsky revealed a photograph that matched the description of the individual interviewed within the U.S. Capitol known was “Aaron.”
January 7, 2021, an FBI review of social media accounts belonging to Aaron Mostofsky identified an Instagram account “aaron_mostofsky_official” which contained videos taken both inside and outside the US Capitol taken by a male believed to be Mostofsky. One video posted on January 6, 2021, which appears to show Mostofsky on a bus, and appears to be a self-taken video, was labeled “DC bound stopthesteal”.
January 8, 2021, a search warrant was issued by the United States District Court for the Eastern District of New York related to the Instagram account “aaron_mostofsky_official.” The user of the account was confirmed as Aaron Mostofsky. Review of these records show additional posts regarding he Mostofsky presence in the U.S. Capitol Building.
January 7, 2021, your affiant located a second article from the New York Post titled, “NYC man who breached the US Capitol is son of a prominent Brooklyn judge,” The article identified “Aaron” as Aaron Mostofsky. In a search of a New York State Department of Motor Vehicle images, associated with Aaron Mostofsky revealed a photograph that matched the description of the individual interviewed within the U.S. Capitol known was “Aaron.”
January 7, 2021, an FBI review of social media accounts belonging to Aaron Mostofsky identified an Instagram account “aaron_mostofsky_official” which contained videos taken both inside and outside the US Capitol taken by a male believed to be Mostofsky. One video posted on January 6, 2021, which appears to show Mostofsky on a bus, and appears to be a self-taken video, was labeled “DC bound stopthesteal”.
January 8, 2021, a search warrant was issued by the United States District Court for the Eastern District of New York related to the Instagram account “aaron_mostofsky_official.” The user of the account was confirmed as Aaron Mostofsky. Review of these records show additional posts regarding he Mostofsky presence in the U.S. Capitol Building.
In a separate post made by Mostofsky at approximately 6:09 AM on January 6, 2020, he indicates that he is … “on this bus going to DC.” Furthermore, when trying to coordinate meeting up with a friend within the group on January 6, 2020, Mostofsky’s message states: If we find each other look for a guy looking like a caveman.” He later states, in a likely reference to the presidential election: “Even a caveman knows it was stolen.”
Based on the foregoing, your affiant submits there is a probable cause to believe that Aaron Mosto violated 18 U.S.C. § 641, which makes it a crime for a person to embezzle, steal, purloin, or knowingly convert to his use of another, or without authority, sell, convey, or dispose of any record, voucher, money, or thing of value of the United States or any department or agency thereof; or receive, conceal, or retain the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted.
As the value of the thing taken is greater than $1,000, there is probable cause to believe that Aaron Mostofsky has committed a felony offense.
Also, your affiant submit that there is probably cause to believe that Aaron Mostofsky, violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do so; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Finally, your affiant submits there is also probable cause to believe that Aaron Mostofsky violated 40 U.S.C. § 5104(e)(2)(D) & (G), which makes it a crime to willfully and knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.
January 12, 2021: Son of Brooklyn judge charged in federal court for role in Capitol riot. (Politico)
The son of a Brooklyn judge was arrested and hit with federal criminal charges for his participation in the pro-Trump siege of the U.S. Capitol last week.
Aaron Mostofsky appeared virtually in Brooklyn federal court Tuesday on a felony charge of theft of federal property, and charges of illegally entering a restricted government building and disorderly conduct disrupting a session of Congress.
Mostofsky is the son of Brooklyn Supreme Court Judge Shlomo Mostofsky, a leader in the city’s conservative Orthodox community. He is seen in photos inside the Capitol dressed in fur pelts, wearing a Capitol Police officers’s bullet proof vest and holding a Capitol Police riot shield.
He was released on $100,000 bond after agreeing not to attend any political gatherings or visit any state Capitol — and not to leave New York City unless court officials approve. He will stay at his brother’s home in Brooklyn.
Mostofsky is accused of “taking part in what was a mob attack and a rampage on the U.S. Capitol,” said assistant U.S. Attorney Josh Hafetz. “Given the events of last week, the government is deeply troubled by the conduct of the defendant.”
The defendant’s attorney, Jeffrey Schwartz, said he will steer clear of politics.
“The evidence will show that he was not part of the mob and he was not rampaging,” Schwartz said.
“But he understands the gravity of what he’s being charged with. He understands how the whole thing in Washington got totally out of hand,” he added. “His only interest now is to address these charges and to hopefully get a resolution that’s just.”
A criminal complaint cites an interview Mostofsky did with the New York Post from inside the Capitol, claiming that “the election was stolen” and “we were cheated.”
The complaint estimates that the bullet proof vest he took was worth $1,905, while the riot shield is valued at $256.65 — making Mostofsky liable for a felony for stealing federal government property worth more than $1,000.
The complaint also charges he posted photos and videos from inside the Capitol on his Instagram account. When another user sent him a message saying “Your famous,” he wrote back “IK [I know] unfortunately.” He also wrote of his presence in the Capitol, “But it was like I’m here now how did I get there.”
January 12, 2021: ABC News reported: “Fur-pelted man photographed with Capitol police shield facing 4 federal charges.” It was written by Aaron Katersky and Celia Darrough.
The man who was photographed Wednesday in the Capitol wearing fur pelts and a bulletproof police vest while holding a Capitol Police riot shield was arrested Tuesday and later released on bond in connection with the Capitol riot led by pro-Trump supporters.
The FBI arrested Aaron Mostofsky, sone of a prominent New York Judge, at his brother’s home in Brooklyn on Tuesday morning.
The FBI arrested Aaron Mostofsky at his brother’s home in Brooklyn. Hours later, he appeared in a Brooklyn federal court where prosecutors called his alleged actions “a mob attack and a rampage through the U.S. Capitol.”
Mostofsky, 34, is facing four charges, including felony theft of government property, knowingly entering a restricted building without lawful authority, engaging in disorderly conduct on Capitol grounds with intent to impede government business, and unlawful entry and disorderly conduct, according to a criminal complaint filed Monday.
At the Tuesday court hearing, Assistant U.S. Attorney Josh Hafetz said there is video of Mostofsky “inside the Capitol with a police officer’s riot shield and appearing to wear a police officer’s bulletproof vest, neither of which he had the right to.”
“We have concerns about Mr. Mostofsky,” Hafetz added.
Mostofsky’s attorney, Jeffery Schwartz, told the court he believes the evidence will show his client was not part of the mob.
“He was not rampaging. He got caught up in it,” Schwartz said. “He understands how the whole thing in Washington got totally out of hand.”
Judge Sanket Bulsara agreed to release Mostofky on a $100,000 bond, with restrictions that require him to stay in the New York City area and prevent him from having any contact with any co-defendants or co-conspirators, participating in political gatherings or entering any state capitols.
Regarding the ban on state capitols, Havetz noted there is a “potential for such gatherings. It is important for Mr. Mostofky not to engage in the behavior he engaged in yesterday.”
“The police riot shield and police vest are items of value belonging to the United States, specifically the US Capitol Police,” the complaint read, noting that the vest is valued at $1,905 and the shield at $256.65.
The complaint cited the Post interview which appeared to have been conducted inside the Capitol building. During the interview, the complaint pointed out, Mostofsky explained his actions by stating he believed the election was stolen, adding, “We were cheated. I don’t think 75 million people voted for Trump — I think it was close to 85 million.”
According to the complaint, Mostofsky indicated in the Post interview that he found the bulletproof vest and the shield on the floor.
Mostofsky’s father, Shlomo Mostofsky, is a Kings County Supreme Court judge.
A spokesman for the judge said the elder Mostofsky had “no knowledge” of what happened in Washington D.C. The judge declined to comment on his son’s arrest.
A search warrant for Mostofsky’s Instagram account was executed, and records of conversations show Mostofsky confirming the fur-pelted man is him, according to the complaint. A Facebook search also showed that in November 2018, Mostofsky wrote, “Since the republicans lost the house I have the following questions 1 when and where are we protesting/rioting…” the complaint stated.
Many arrests have been made since Wednesday’s riots, including the man photographed in House Speaker Nancy Pelosi’s office with his feet on her desk, the man photographed carrying Pelosi’s lectern and the man wearing a horned fur hat, as well as a state lawmaker from West Virginia.
Mostofsky faces a maximum of 10 years in prison if convicted of the top charge, 18 USC 641, theft of government property.
“While we all respect each other’s ability to peacefully exercise their First Amendment rights, acts in violation of federal law will not be tolerated.” William F. Sweeney Jr., assistant director in charge of the FBI’s New York field office, said in a statement. “For those in this area considering participating in future activity similar to Mr. Mostofsky’s alleged behavior, let me be clear: The FBI will find you, arrest you, and do our part to ensure you face the full force of the federal criminal justice system.”
Five people died during the violent siege on the Capitol, including a Capitol Police officer who died from injuries sustained during the attack.
The “QAnon Shaman”
There were plenty of news sites posting photos of the guy who had been referred to as the “QAnon Shaman”. Some of the photos showed him wearing a fur hat that had animal tails and horns attached to it, brown pants, and no short. He had large tattoos on his torso. His face was painted in red, white, and blue.
January 6, 2021, AZ Central posted “Longtime Arizona QAnon supporter in horned helmet joins storming of U.S. Capitol”. It was written by Richard Ruelas.
Among the supporters of President Donald Trump who mobbed their way into the U.S. Capitol on Tuesday, one – unmistakable in his fur, horned hat, and painted face, was Jake Angeli, a QAnon supporter who has been a fixture at Arizona right-wing political rallies over the past year.
Angeli was seen in photographs from Washington, D.C., amid protesters who turned violent and stormed the building, causing both chambers to suspend their intended action of the day: certifying the results of the presidential election for former vice president Joe Biden.
At one point, Angeli was seen on the dais of the U.S. Senate. He posed for a photo flexing his right arm; his left was holding a spear from which he hung a U.S. flag.
Since at least 2019, Angeli has held forth outside the Arizona Capitol shouting about various conspiracy theories, most related to the wide-ranging beliefs espoused by QAnon.
Angeli, in a 2020 interview with The Arizona Republic, said that he wears the fur bonnet, paints his face and walks around shirtless with ragged pants as a way to attract attention.
Then, he said, he is able to speak to people about his beliefs about QAnon and other truths he says remain hidden.
The QAnon school of thought supposes that a high-level government agent with Q-level security clearance has been unspooling cryptic clues about secret investigations inside Washington, D.C. Some of those investigations involve politicians running a child sex trafficking ring.
In February 2020, Angeli worked the crowd outside a rally in Phoenix for Trump.
He held up a tattered sign that said, “Q sent me,” and asked the crowd is they knew of the conspiracy. Several met him with affirmative nod.
“The snowball has been rolling and it’s only getting bigger,” Angeli said at the time. “We’re the mainstream now.”
Reached on his cellphone Wednesday evening, Angeli refused an interview with The Republic.
He did speak with a correspondent from The Globe and Mail of Toronto, according to a Tweet from that reporter, saying that the police had stopped trying to block him and other Trump supporters and let them into the Capitol. After some time, according to the Tweet, Angeli said police politely asked him to leave.
Angeli was a fixture at rallies to re-open Arizona businesses shuttered by the government as a measure to prevent the spread of COVID-19. He has also been at rallies contesting the Arizona election results.
Besides the government corruption espoused by QAnon, Angeli believes that leaders have conspired to keep blockbuster scientific discoveries from the public in order to maintain the system as it is.
Angeli said that he discovered much of what he found through his own research on the Internet. That research — which included “Behold a Pale Horse” by the Arizona author William Copper — involved shadowy groups, including the Illuminati, Trilateral Commission and Bilderberg group, that control the world.
“At a certain point, it all clicked in a way,” he said. “Oh my God. I see now the reality of what’s going on.”
The Q movement, he said, validated his beliefs he had held as far back as 2016.
January 8, 2021: A Special Agent with the United States Capitol Police wrote a Statement of Facts for U.S. Magistrate Judge G. Michael Harvey.
On January 6, 2021, your affiant, [Redacted], was on duty and performing my official duties as a Special Agent with the United States Capitol Police. Specifically, I am assigned to the Criminal Investigations Section, tasked with investigating criminal activity in and around the Capitol grounds. As a Special Agent with the United States Capitol Police, I am authorized by law, or by a Government agency to engage in or supervise the prevention, detention, investigation, or prosecution of a violation of Federal criminal laws.
The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of the public.
With the joint session underway and with Vice President Mike Pence presiding, a large crowd gathered outside the U.S. Capitol. Temporary and permanent barricades surround the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside.
At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and the crowd advanced to the exterior facade of the building. At such time, the joint session was still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured.
Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows.
Shortly thereafter, at approximately 2:20 p.m., members of the United States House of Representatives and the United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to – and did – evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
Media coverage of these events showed one of the rioters who entered the Capitol building dressed in horns, a bearskin headdress, red, white, and blue face paint, shirtless, and tan pants. This individual carried a spear, approximately 6 feet in length, with an American flag tied just below the blade. The screenshots below of photographs posted on Twitter show this individual in the halls of Congress and standing on the dais inside the Senate chamber.
Several media outlets subsequently identified this individual as Jacob Anthony CHANSLEY, a.k.a. Jake Angeli. Your affiant has confirmed this identification of CHANSLEY. First, the photographs of CHANSLEY in the U.S. Capitol display unique attire and extensive tattoos covering his arms and the left side of his torso. Your affiant has viewed pictures posted to the Facebook account for Jake Angeli on December 13, 2020, in which CHANSLEY bears these same distinctive attire and tattoos.
In addition, CHANSLEY has a YouTube channel under the name Jacob Chansley, on which a video posted of CHANSLEY from 2019 shows CHANSLEY with sleeve tattoos on the lower half of his arms consistent with the sleeve tattoos CHANSLEY displays in photographs taken in the Capitol on January 6, 2021. Finally, CHANSLEY has also been identified by law enforcement through open source data bases, including his Arizona DMV driver’s license photo, as the person depicted inside the Capitol and on the Senate dais on January 6, 2021.
In addition, on January 7, 2021, CHANSLEY called in to the Washington Field Office of the FBI, to voluntarily speak with law enforcement. Your affiant and an FBI agent spoke on the phone with CHANSLEY, who confirmed that he was the male in the face paint and headdress in the Vice President’s chair in the Senate. CHANSLEY stated that he came as a part of a group effort, with other “patriots” from Arizona, at the request of the President that all “patriots” come to D.C. on January 6, 2021.
Based on the foregoing, your affiant submits there is probable cause to believe that CHANSLEY violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; or attempts or conspires to do so.
For purposes of Section 1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service, including the Vice President, is or will be temporarily visiting; or any building or grounds so restricted in conjunction with an event designated as a special event of national significance.
Your affiant submits there is also probable cause to believe that CHANSLEY violated 40 U.S.C. § 5104(e)(2)(A) and (G), which makes it a crime to willfully and knowingly (A) enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor, in the Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.
January 7, 2021: POLITIFACT reported: “There’s no proof antifa stormed the Capitol. The rumor spread quickly anyway”
In a violent scene like no other in American history, a sprawling crowd of President Donald Trump’s supporters stormed the U.S. Capitol and halted congressional proceedings, wearing and waving Trump-branded paraphernalia and flags as they sought to overturn the election.
Lawmakers were evacuated as the rioters overwhelmed Capitol Police and bashed through the building’s doors and windows. One woman was fatally shot, and at least three others died.
The march to the Capitol was weeks in the making. Trump urged his supporters to come to Washington. Plans indicating the potential for violence were drawn up in the open on social media forums and pro-Trump websites.
“Storm the Capitol,” one user on TheDonald, a site for Trump supporters, wrote on Jan. 2, after another asked what would happen if Congress refused to flip the election in Trump’s favor.
Despite all of the groundwork and documentary evidence, social media users and allies of the president floated an alternative explanation for the insurrection.
The siege was not the fault of Trump supporters, they said. Instead, it was led by Antifa, a broad left-wing coalition of anti-fascists activities.
There’s no evidence that’s the case, and specific individuals who were rumored to be antifa activists don’t actually support the movement. One man identified as an “antifa thug,” for example, was a known supporter of the baseless Qanon conspiracy theory who also backs Trump.
There’s also no evidence that the mob was a “false flag” attack led by antifa activists aiming to make Trump supporters look bad or push a liberal agenda, as some people suggested.
Still, the false narrative traveled between message boards, social media, and some of the loudest conservative voices in media and politics. It reached the House floor when Rep. Matt Gaetz, R-Fla., suggested the Capitol’s breach was led by the activists in disguise.
“There is no evidence of antifa involvement, and he notion that they would pretend to be far-right militants in this context makes absolutely no sense,” said Mark Bray, a historian and part-time lecturer at Rutgers University who wrote a book about antifa.
How the rumors spread
Mentions of “antifa” and “false-flag” started to take off on 4chan, an anonymous online forum, around noon on Jan. 6, according to data from the Social Media Analysis Toolkit.
A little after 1 p.m. EST, when rioters pushed past barricades at the Capitol, posts in pro-Trump Facebook groups claimed antifa activists were to blame. They cited a Breitbart live stream that showed rioters brandishing Trump paraphernalia. Some speculated that antifa was involved.
“I do not believe that the group of people who ‘broke through security’ at the Capitol were actually Trump supporters,” said Kevin McCollough, a radio personality, in one of he earliest posts PolitiFact identified. “There have been multiple reports that antifa was planning on infiltrating the crowds.”
The antifa narrative soon gained traction on Parler, a social media platform popular with conservatives, and on Twitter. An NBC News analysis identified thousands of tweets posted on Jan. 6 that alleged that antifa activists were “posing” as Trump supporters.
Lin Wood, an attorney who has filed lawsuits seeking to overturn the presidential election, said on Parler that he had “indisputable photographic evidence” of antifa involvement. Twitter suspended his account for claiming the Capitol breach was “staged.”
Former Republican vice presidential candidate Sarah Palin warned of “fake DC ‘patriots” used a PLANTS.” Other Republican politicians promoted similar rumors about antifa, including Texas Attorney General Ken Paxton, Rep. Paul Gosar of Arizona, and Rep. Mo Brooks of Alabama.
“Rumor: ANTIFA facists in backwards MAGA hats,” Brooks tweeted at 2:20 p.m. EST.
“This has all the hallmarks of Antifa provocation, ” Gosar wrote at 5:04 p.m. EST.
The rumors grew more prominent on TV news networks that evening.
“We did have some advanced warning that there might be some antifa element masquerading as Trump supporters in advance of the attack on the Capitol,” Brooks told Fox News host Lou Dobbs, repeating the rumor he shared on Twitter.
Similar speculation came during other Fox News programs hosted by Tucker Carlson, Sean Hannity and others. Fellow host Laura Ingraham said the rioters “were likely not all Trump supporters.” Newsman aired similar claims.
Those broadcasts came before Congress reconvened to count the electoral votes and confirm Joe Biden’s victory The next morning, radio show host Rush Limbaugh drove the false narrative home to millions of listeners.
“Republicans do not join protest mobs, they do not loot, and they don’t riot to the grand disappointment of many people,” Limbaugh said. “But a tiny minority of these protesters, and undoubtedly including some antifa Democrat-sponsored instigators, did decide to go to the Capitol to protest.”
No evidence antifa was behind the riot
There’s no way to identify everyone who participated, and the investigations by law enforcement agencies, including the FBI are underway. But no one claiming that antifa activists stormed the Capitol has provided legitimate proof.
The evidence that Trump supported participated, however, is indisputable.
Video and photographs from the scene show people wearing and waving Trump-branded hats, T-shirts and flags. Some rioters celebrated their participation or live-screamed the events, including a West Virginia GOP lawmaker.
Trump’s supporters had planned a Washington rally for weeks. Trump tweeted his invitation and welcomed their presence. Speaking to the large crowd of supporters hours before the violence erupted, he urged a march to Congress and suggested he would join. He did not.
The U.S. Capitol Police chief and the acting attorney general released statements saying they are investigating the events, and neither statement mentioned antifa. Acting Homeland Security Secretary Chad Wolf said, “We now see some supporters of the President using violence as a means to achieve political ends. This is unacceptable.”
On Jan. 7, FBI assistant director Steven D’Antuono said in a press briefing that the agency has “no indication” that antifa played a role in the riot.
Several social media posts claimed that specific people were really with antifa, using photos and screenshots. But these cases were disproven by PolitiFact and other fact-checkers.
One man is actually a known Qanon supporter, who backs Trump and is referred to as the “Q Shaman” He wears face paint and a signature horned fur cap, and he had been photographed at other pro-Trump events before he was seen at the Capitol.
Another man accused of being Antifa-aligned was identified by reporters who track extremism as a Neo-Nazi, not an antifa activist.
Several social media posts claimed that specific people were really with antifa, using photos and screenshots. But these cases were disproven by PolitiFact and other fact-checkers.
Paxton shared the rumor that “at least 1 ‘bus load’ of antifa thugs infiltrated peaceful Trump demonstrators.” The rumor appeared to originate with a commentator who cited an anonymous former FBI agent and no other evidence.
A history of blaming antifa
Fact-checkers are accustomed to fact-checking claims about “antifa” that don’t check out.
Antfia activists are predominately made up of communists, socialists, and anarchists who seek to reject white supremacy without help of police. Sometimes its activists use violence. Experts have said the bulk of antifa organizing is nonviolent.
Scrutiny of antifa picked up after groups counter-protested white nationalists in August 2017, during the “Unite the Right” rally in Charlottesville, Va. After a car plowed into protestors and killed a woman, a false news website claimed, falsely, that an antifa activist was behind the wheel.
Later that year, antifa was wrongly blamed online for several attacks, such as the Las Vegas massacre. More recent claims have blamed antifa for wildfires and violent protests.
When nationwide protests against police brutality turned violent over the summer, Trump blamed antifa for looting businesses and picking fights with police.
Government intelligence reports, media reports, and experts have offered no evidence that antifa played any significant role in violent protests against police brutality.
Later that year, antifa was wrongly blamed online for several attacks, such as the Las Vegas massacre. More recent claims have blamed antifa for wildfires and violent protests.
When nationwide protests against police brutality turned violent over the summer, Trump blamed antifa for looting businesses and picking fights with police.
Government intelligence reports, media reports, and experts have offered no evidence that antifa played any significant role in violent protests against police brutality.
January 8, 2021: The United States District Court for the District of Columbia swore in a Grand Jury. The Indictment was filed on January 11, 2021.
INDICTMENT
The Grand Jury Charges that:
COUNT ONE: On or about January 6, 2021, within the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder, and the civil disorder obstructed, delayed, or adversely affected the conduct and performance of a federally protected function.
(Civil Disorder, in violation of Title 18, United States Code, Section 231(a)(3))
COUNT TWO: On or about January 6, 2021, within the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” attempted to and did corruptly obstruct, influence an official proceeding, that is, a proceeding before Congress by committing an act of civil disorder, and threatening Congressional officials, and unlawfully remaining in a restricted building without lawful authority, and engaging in disorderly and disruptive conduct.
(Obstruction of an Official Proceeding, in violation of Title 18, United States Code, Section 1512(c)(2))
COUNT THREE: On or about January 6, 2021, in the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” did unlawfully and knowingly enter and remain in the United States Capitol, a restricted building, without lawful authority to do so.
(Entering and Remaining in a Restricted Building, in violation of Title 18, United States Code, Section 1752(a)(1))
COUNT FOUR: On or about January 6, 2021, in the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” did knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engages in disorderly and disruptive conduct in and within such proximity to, the United States Capitol, a restricted building, when and so that such conduct did in fact impede the orderly conduct of Government business and official functions, by forcing his way inside the United States Capitol and traversing the United States Capitol Grounds in an effort to prevent the Electoral College votes from being certified.
(Disorderly and Disruptive Conduct in a Restricted Building, in violation of Title 18, United States Code, Section 1752(a)(2))
COUNT FIVE: On or about January 6, 2021, in the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” willfully and knowingly entered or remained on the floor of a House of Congress or in any cloakroom or lobby adjacent to that floor, without authorization to do so.
(Violent Entry and Disorderly Conduct in a Capitol Building, in violation of Title 40. United States Code, Section 5104(e)(2)(A))
COUNT SIX: On or about January 6, 2021, in the District of Columbia, JACOB ANTHONY CHANSLEY, also known as “Jacob Angeli,” willfully and knowingly paraded, demonstrated and picketed in a Capitol Building.
(Parading, Demonstrating, or Picketing in a Capitol Building, in violation of Title 40, United States Code, Section 5104(e)(2)(G)).
January 9, 2021: The U.S. Department of Justice “Three Men Charged in Connection with Events at U.S. Capitol On Wednesday, Jan. 6, 2021”
Three men were charged today in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
Jacob Anthony Chansley, a.k.a. Jake Angeli, of Arizona, was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, and with violent entry and disorderly conduct on Capitol grounds. Chansley was taken into custody today.
It is alleged that Chansley was identified as the man seen in media coverage who entered the Capitol building dressed in horns, a bearskin headdress, red, white and blue face paint, shirtless, and tan pants. This individual carried a spear, approximately 6 feet in length, with an American flag tied just below the blade..
January 9, 2021: Newsweek posted “Jake Angeli, Shirtless Horned-Hat Rioter, Tells FBI He Joined The Capitol Riot ‘at the request of the President”.
The shirtless rioter who was pictured storming the U.S. Capitol in an outfit of horns and fur has told the FBI that he came to Washington D.C. on Wednesday “at the request of the President.”
Jake Angeli, 32, of Arizona, whose real name is Jacob Anthony Chansley, was arrested on Saturday and charged with “knowingly entering or remaining in any restricted building or grounds without lawful authority, and with violent entry and disorderly conduct on the Capitol grounds, according to the Department of Justice.
A Capitol Police arrest affidavit shows that Chansley called into the Washington Field Office for the FBI on January 7, one day after the riots, and “voluntarily” confirmed to officials that he was the “male in face paint and headdress in the Vice President’s chair in the Senate.”
Chansley, who was among the mob that broke into the Capitol as lawmaker met to formally certify President-elect Joe Biden’s 2020 presidential election win, said he “came as part of a group effort, with other ‘patriots’ from Arizona, at the request of the President,” according to the document.
Newsweek reached out to the White House for comment.
Chansley became a prominent figure of the incident after he was pictured inside the chambers shirtless, wearing horns with face paint featuring colors of the American flag, and covered in tattoos. He is now facing federal charges in relation to the incident.
After police secured the building and removed the rioters, several President Donald Trump loyalists began pushing a false narrative claiming that the Capitol had been breached by members of Antifa. “Some of the people who breached the Capitol today were not Trump supporters,” GOP Congressman Matt Gaetz of Florida said on the House floor. “They were masquerading as Trump supporters and in fact were members of the violent terrorist group Antifa.”
Chansley took to Twitter and insisted that he was not part of the Black Lives Matter or Antifa movements. “I’m a Qanon & digital soldier,” he tweeted. “My name is Jake & I marched with the police & fought against BLM & ANTIFA in PHX.”
NOTE: Wikipedia posted: Antifa is a left-wing anti-fascist and anti-racist political movement in the United States. It consists of a highly decentralized array of autonomous groups that use nonviolent direct action, incivility, or violence to achieve their aims. Antifa political activism includes non-violent methods such as poster and flyer campaigns, mutual aid, speeches, protest marches, and community organizing.
Some who identify as antifa also use tactics involving digital activism, doxing, harassment, physical violence, and property damage. Supporters of the movement aim to combat far-right extremists, including neo-Nazis and white supremacists.
Individuals involved in the movement subscribe to a race of left-wing ideologies, and tend to hold anti-authoritarian, anti-capitalist, and anti-state views. A majority of individuals involved are anarchists, communists, and socialists, although some social democrats also participate in the antifa movement.
The name antifa and the logo with two flags representing anarchism and communism are derived from the German antifa movement. Dartmouth College historian Mark Bray, author of Antifa: The Anti-Fascist Handbook, credits Anti-Racist Action (ARA) as the precursor of modern antifa groups in the United States.
January 11, 2021: AP reported: “Arizona man charged in Capitol riot appears in court”
An Arizona man who took part in the insurrection at the U.S. Capitol while sporting face paint, no shirt and a furry hat with horns made his first court appearance Monday.
A judge scheduled a detention hearing Friday for Jake Chansley, who has been jailed on misdemeanor charges since surrendering to authorities over the weekend in Phoenix. He took part in the hearing by phone from a detention facility.
The FBI identified Chansley from images taken during the riot showing his distinctive sleeve tattoos. Chansley was inside the Capitol and on the Senate dais as he carried a U.S. flag on a pole topped with a spear.
He hasn’t yet entered a plea of charges of entering a restricted building without lawful authority, violent entry and disorderly conduct on Capitol Grounds.
His court-appointed attorney, Gerald Williams, told the judge that Chansely has been unable to eat sine he was arrested Saturday. He said his client has a restricted diet, though it was unclear to Williams whether Chansley’s food issues were related to health concerns or religions reasons.
The judge ordered Williams to work with the U.S Marshals Service to address the issue.
Chansley’s mother, Martha Chansley, told reporters outside the courthouse that her son needs an organic diet, The Arizona Republic reported.
“He gets very sick if he doesn’t eat organic food, she said. “He needs to eat.”
Williams didn’t immediately return a call seeking comment from The Associated Press.
Chansley is among at least 90 people who have been arrested on charges stemming from Wednesday’s siege on the Capitol.
It is alleged that Chansley was identified as the man seen in media coverage who entered the Capitol building dressed in horns, a bearskin headdress, red, white and blue face paint, shirtless, and tan pants. This individual carried a spear, approximately 6 feet in length with an American flag tied just below the blade.
His court-appointed attorney, Gerald Williams, told the judge that Chansley has been unable to eat since he was arrested Saturday. He said his client has a restricted diet, though it was unclear to Williams whether Chansley’s food issues were related to health concerns or religious reasons.
The judge ordered Williams to work with the U.S. Marshals Service to address the issue.
Williams didn’t immediately return a call seeking comment from The Associated Press.
Chansley is among at least 90 people who have been arrested on charges stemming from Wednesday’s siege on the Capitol.
An investigator said in court records that Chansley called the FBI in Washington the day after the riot, telling investigators that he came to the nation’s capital “at the request of the president that all ‘patriots’ come to D.C. on January 6, 2021.”
Chansley has long been a fixture at Trump rallies. He also attended a November rally of Trump supporters protesting election results outside of an election office in Phoenix, holding up a sign that read, “HOLD THE LINE PATRIOTS GOD WINS.”
Rioters violently clashed with officers as they forced their way in the Capitol to try to stop Congress from certifying President-elect Joe Biden’s victory.
A police officer who was hit in the head with a fire extinguisher later died, and a woman was fatally shot by an officer as she tried climbing through a broken window of a barricaded doorway inside the Capitol. Three others died in medical emergencies.
January 15, 2021: CNBC “QAnon ‘shaman’ Jacob Chansley held without bail after storming Senate during Capitol riot by Trump supporters” It was written by Dan Mangan.
A self-described QAnon shaman was ordered held without bail Friday by a judge after prosecutors presented evidence he stormed into the Senate and left a menacing note for Vice President Mike Pence during a riot by pro-Trump supporters.
Jacob Chansley, the horn-wearing, spear-wielding, face-paint wearing conspiracy theorist drew widespread attention Jan. 6 for his bizarre appearance among the mob that invaded the Capitol complex.
Before Friday’s detention hearing in U.S. District Court in Phoenix, federal prosecutors in Arizona said there is “strong evidence, including Chansley’s own words and actions at the Capitol, supports that the intent of the Capitol rioters was to capture and assassinate elected officials in the United States government.”
Those prosecutors dropped that claim at the bail hearing, after pushback from the top federal prosecutor in Washington, D.C., whose office lodged the two felonies and four misdemeanors that led to Chansley’s arrest.
Arizona federal prosecutors had also noted that filing that “news reports suggest that the U.S. Capitol siege may just be the beginning of potentially violent actions from President [Donald] Trump’s supporters.”
The filing by the office of Arizona U.S. Attorney Michael Bailey asked a judge on Friday to detain Chansley, one of the most notorious rioters arrested so far, without bail.
They said he has planned to return to Washington for President-elect Joe Biden’s inauguration next week.
“Chansley is a self-proclaimed leader of the QAnon,” a group of conspiracy theorists that believes that many U.S. lawmakers are part of a ring of child molesters and Satan worshipers, filing said. There were other believers in QAnon among the rioters.
“Chansley is an active participant in — and has made himself the most prominent symbol of — a violent insurrection that attempted to overthrow the United States government,” prosecutors wrote. “No [bail] conditions can reasonably assure his appearance [in court] as required, nor ensure the safety of the community.”
But Michael Sherwin, the acting U.S. Attorney for the District of Columbia, during a press conference later Friday undercut the idea that there is evidence of assassination plots by the rioters.
“Right now, we don’t have direct evidence of kill-capture teams,” said Sherwin, whose office is one that has lodged criminal charges against Chansley and other rioters.
Sherwin said, “there may be a disconnect” between his office and those of federal prosecutors in Arizona and Texas, who have made similar allegations.
Later Friday, at Chansley’s hearing in Phoenix, an assistant U.S. attorney asked the judge to remove the sentence in the bail filing that claimed there was strong evidence of an intent to capture and killed elected officials.
While that statement “may very well be appropriate at a trial of Mr. Chansley and may very well characterize the evidence and his intent that day,” the prosecutor said that for the purpose of the bail hearing, “we do not want to mislead the court by discussing the strength of any sort of specific evidence.”
The bail filing also said that Chansley, who was wearing face paint and a hat with horns on it, raced up to a dais in the Senate “where Vice President Pence had been presiding just minutes before, and began posing” to be photographed by other rioters.
Pence was presiding that day over a joint session of Congress to formally confirm the election of Biden as president.
“Chansley left a note on the Senate Chamber dais, where Vice President Mike Pence had been presiding over the session just minutes before, warning “it’s only a matter of time, justice is coming.”
Prosecutors said that when the FBI questioned Chansley about the meaning of his words, he “went on a lengthy diatribe describing current and past United States political leaders as infiltrators, specifically naming Vice President Mike Pence.”
“He said that he was able to get into the Untied States Senate in D.C. “by the grace of God.” Chansley said that he was glad he sat in the Vice President’s chair because Vice President Pence is a child-trafficking traitor,” the filing said.
While Chansley, who is also known as Jacob Angeli, claimed that he did not mean the note as a threat, “the Government strongly disagrees,” the filing said.
Prosecutors noted that “Chansley also expressed his interest in returning to Washington D.C. for the inauguration, later telling the FBI: ‘I’ll still go, you better believe it.”
“For sure, I’d want to be there, as a protester, as a protester, f— a,” he said, according to the filing.
In an interview last week with the FBI, prosecutors wrote, he twice said “that he had plans after January 9 FBI interview to drive to the Arizona State Capitol.”
“Corroborating his statement, Chansley had his horns, furry coyote tail headdress, face paint, tan pants, six-foot-long spear, and his bullhorn inside the 2003 Hyundai that he parked at the FBI,” the filing said.
The document said Chansley lied to federal pre-trial services investigators after his arrest when he said he never used drugs other than marijuana, which he smokes three times weekly in the past.
“Chansley has described his routine use of psychedelic drugs, including mushrooms and peyote, in recorded interview on his podcasts,” the filing said. “Additionally, a full portrait of Chansley’s apparent mental health issues — which he has publicly-disseminated, and which include strongly-held false mystical beliefs and leadership in a dangerous extremist group, QAnon founded on an imaginary conspiracy theory — were not provides to the PTS officer, and thus not evaluated in the assessment.”
In a video interview outside the Capitol as he and other rioters left the complex, Chansley said that he left the Senate floor and “the cops just walked out with me.”
He also said the mob was leaving because Trump had posted a message online asking them to do so, and that rioters had “won” the day.
“We won by sending a message to the senators and the congressmen, we won by sending a message to Pence, that if they don’t … do as it is their oath to do, that if they don’t uphold the Constitution, then we will remove you, but one way or the other,” Chansley said.
ProPublica reported last month two women warned Capitol Police about Chansley, whom they had seen outside the building “strangely dressed” and “carrying a spear.”
“He was a figure they would come to recognize — Jacob Chansley, the QAnon follower in a Viking outfit who was photographed last week shouting from the dais of the Senate chamber,” ProPublica reported about the women, Melissa Byrne and Chibundu Nnake.
“They alerted the Capitol Police at the time, as the spear seemed to violate the complex’s weapons ban, but officers dismissed their concern, they said,” according to ProPublica.
“One officer told them that Chansley had been stopped earlier in the day, but that police ‘higher ups’ had decided not to do anything about him.”
“We don’t perceive it as a weapon,” Nnake recalled the officer saying of the spear,” the article said.
Byrne tweeted Friday, writing, “I am exceedingly livid that I reported this a—– to the USPS on 12/14 for carrying a weapon on Capitol Grounds and was told “higher ups” okay’d him being there. I am seething. Imagine if he would have been arrested and investigated.”
Sen. Ben Sass, R-Neb, who has been one of Trump’s most vocal critics in his own party, said in a statement on Friday, “Rage-peddlers are going to try to whitewash the attack on the Capitol, saying that a few bad apples got out of control. That’s wrong … These men weren’t drunks who go rowdy — they were terrorists attacking this country’s constitutionally-mandated transfer of power. They failed, but they came dangerously close to starting a bloody constitutional crisis.”
Trump was impeached Wednesday by the House of Representatives for inciting the mob, which stormed the Capitol complex after a rally on the Ellipse, in which he urged supporters to help him undo Biden’s election.
Also Friday, the New York Times reported that the FBI is investigating 37 people in a probe of the killing during the riot of Capitol Police Officer Brian Sicknck.
The Times cited an FBI memo sent to the private sector and others.
Four other people died during the riot, including an Air Force veteran who subscribed to QAnono theory who was shot while trying to climb through a broken window in the House of Representatives.
January 29, 2021: CNN Politics reported: “QAnon Shaman’ Jacob Chansley pleads guilty to felony US Capitol riot” It was written by Marshall Cohen.
The so-called “QAnon Shaman’ who stormed the US Capitol in a horned bearskin outfit pleaded guilty Friday to a felony for obstructing the Electoral College proceedings in January 6.
The defendant Jacob Chansley of Arizona, is a well-known figure on the QAnon movement. He went viral after the January 6 attack because of the bizarre outfit he wore while rummaging through the Capitol. He made his way to the Senate dais that was hastily vacated earlier by Vice President Mike Pence — someone Chansley falsely claimed was a “child-trafficking traitor.”
He pleaded guilty Friday during a virtual hearing in DC District Court. The guilty plea was made as part of a deal with prosecutors, and it was accepted by District Judge Royce Lamberth.
The case has seen plenty of twists and turns: Chansley went on a hunger strike in February as part of a successful bid to get organic food in jail. He gave a jailhouse interview in March that was later rebuked by the judge in his case. And his attorney insulted people with disabilities in May, in what he said was a ploy to draw attention to mental health issues in the legal system.
Chansley was originally charged with six federal crimes. He pleaded guilty to one of the most serious charges and could face a maximum of 20 years in prison, though his lack of a criminal record means he’ll likely receive much less. As part of the plea agreement, Chansley agreed to pay $2,000 in restitution for damage to the Capitol. He could also face a fine of up to $250,000.
During the plea hearing, Chansley’s attorney asked yet again for his client to be released before sentencing. The Justice Department opposed this request, and Lamberth said he will issue a decision soon. When he is sentenced, Chansley will get credit for time already served in jail.
Sentencing was scheduled for November 17. As part of the plea deal, prosecutors agreed to seek a punishment between roughly three and four years in prison. This is the same potential prison term that other Capitol rioters who pleaded guilty to a single felony charge are facing.
He has been in jail since his arrest in January, and his attorney argued for his release on a few occasions. But the judge overseeing the case repeatedly ruled that Chansley is too dangerous to set free — making Chansley part of a small group of rioters who aren’t accused of attacking anyone that day, but have been detained before trial because of the potential for future violence.
The case highlighted how some Trump supporters are now facing real-world consequences by believing in fantastical conspiracy theories. Chansley’s support for QAnon inspired his presence at the Capitol on January 6, which landed him in jail for the previous eight months. His lawyer now ays Chansley is “seeking … to step away and distance himself from the Q vortex.”
Mental health has been a major part of Chansley’s criminal case. He underwent a court-ordered psychological evaluation earlier this year, and his lawyer has argued that the government was making his pre-existing mental health conditions worse by keeping him behind bars before trial.
“He is a man with mental health vulnerability who has, for eight months, been in what any doctor is the worst thing you can possibly have done to you if you have a personality disorder, which is be placed in solitary confinement,” defense attorney Al Watkins said during Friday’s hearing.
Chansley answered procedural questions during the hearing and spoke briefly about the mental health evaluation. Lambeth ruled that Chansley was competent to plead guilty.
“I am very appreciative for the court’s willingness to have me in my mental vulnerabilities examined, as well as I hope that your honor certainly didn’t take any offense by anything (that) I told the psychiatrist. I certainly didn’t mean anything personal. I just said I hope you were impartial.” Chansley said, prompting Lambeth to reply that he wasn’t offended by the comment.
Overall, at least 600 people have been arrested, and the Justice Department has secured more than 50 guilty pleas.
February 4, 2021: The Associated Press reported: “Man who wore horns in US Capitol riot moved to Virginia Jail. It was written by Michael Balsamo.
A man who stormed the U.S. Capitol while sporting face paint, no shirt and a furry hat with horns was moved to a jail in Virginia on Thursday after a federal judge ordered authorities to provide him with organic food while he’s in custody.
Jacob Chansley was transferred to the Alexandria Detention Center after is attorney argued that his client had gone nine days without eating because organic food wasn’t served at the jail in Washington. A judge ordered corrections officials to provide the special diet.
Chansley lost 20 pounds since being transferred from Arizona to Washington last week, his attorney, Albert Watkins, told the judge. Chansley, who calls himself the “QAnon Shaman,” considers eating organic food to be part of his “shamanistic belief system and way of life,” the lawyer said.
On Thursday, U.S. District Judge Royce Lamberth said the U.S. Marshals Service told the court that the District of Columbia Department of Corrections had asked for Chansley to be moved because they couldn’t honor the court’s order to feed him organic food.
The judge said jail officials in nearby Alexandria could accommodate the special diet.
Chansley was indicted on civil disorder, obstruction, disorderly conduct and other charges for his role in the riot at the Capitol on Jan. 6. He was among a group of hundreds of pro-Trump supporters who charged past outnumbered police officers and stormed the Capitol as Congress was meeting to vote to certify Joe Biden’s electoral win.
The FBI identified Chansley from images taken during the riot that showed his distinctive tattoos. Chansley was inside the Capitol and on the Senate dais as he carried a U.S. flag on a pole topped with a Speer. Authorities said he also wrote a threatening note to then-Vice President Mike Pence.
March 8, 2021: Hon. Royce C. Lamberth, United States District Judge for the District of Columbia released a Memorandum Opinion regarding Jacob Chansley.
After defendant Jacob Anthony Chansley was arrested on charges stemming from his participation in the January 6, 2021 breach of the United States Capitol, a magistrate judge in the District of Arizona ordered him detained pending trial. Defendant now asks this Court to vacate the magistrate judge’s order of detention and release him as he awaits trial. After the government filed its opposition, and defendant replied, the Court held a hearing on defendant’s motion.
Upon consideration for the parties’ filings, the arguments set forth at the hearing, and the underlying record, the Court finds that no condition or combination of conditions of release will reasonably assure defendant’s appearance as required or the safety of others and the community. Accordingly, the Court will DENY defendant’s motion to revoke the magistrate judge’s order of detention.
BACKGROUND
A. Factual Allegations
The government proffers the following evidence in support of its opposition to defendant’s motion for pre-trial release. At approximately 1:00 p.m. on January 6, 2021, a joint session of Congress convened to certify the Electoral College vote count for the 2020 Presidential Election. As elected members of the U.S. Senate and House of Representatives met in separate chambers inside the U.S. Capitol building, a large crowd gathered outside. U.S. Capitol Police Officers, as well as temporary and permanent security barriers, stood between the crowd and the Capitol.
Between 1:00 and 2:00 pm, individuals from the crowd forced their way through the barricades and past Capitol Police officers, advancing to the exterior facade of the Capitol building. As the mob approached the building, the joint session continued inside, with then-Vice President Mike Pence presiding in the Senate Chamber. Despite the efforts of Capitol police officers to prevent the crowd from entering the building, the mob forced its way past the officers and into the Capitol. As the mob broke into the building, Congressional members and Vice President Pence were forced to evacuate.
Defendant was one of the rioters who breached the Capitol building. His actions that day were extensively photographed and recorded. (citing “A Reporter’s Video from Inside the Capitol Siege,” The New Yorker (Jan. 17, 2021). Defendants’s unmistakable outfit included a horned coyote-tail headdress, red, white, and blue face paint; gloves; and no shirt. Defendant carried a six-foot pole with an American flat zip-tied to the shaft and a metal spearhead fixed to the top. He also carried a bullhorn.
As rioters smashed the glass windows of the Capitol building and began climbing inside, defendant entered the building through an adjacent doorway. Once inside, Capitol Police Officer Keith Robishaw attempted to calm the rioters and move people out of the area, but defendant used his bullhorn to encourage the crowd.
Defendant then approached Officer Robishaw and screamed at him that “this was their house” and that “they were there to take the Capitol, and to get Congressional leaders.” When Officer Robishaw and others told the rioters to leave the area from the same way they had entered, most complied. Defendant, however, disobeyed this order and instead began heading up a stairwell toward the Senate Chamber.
Once inside the Senate Chamber, defendant began pounding his spear on the ground and screaming obscenities. Officer Robishaw, now in the Senate Chamber alone with the rioters, asked the defendant to assist them by using his bullhorn to get the rioters out of the Chamber. Instead of cooperating, however, defendant walked up to the Senate dais where Vice President Pence had been preceding minutes before.
Defendant announced that he was going to sit in Vice President Pence’s chair because “Mike Pence is a fucking traitor”. He then asked another rioter to photograph him. While standing at the dais, defendant scrawled a note to Vice President Pence on a piece of paper sitting on the desk, reading, “ITS ONLY A MATTER OF TIME JUSTICE IS COMING!” Defendant then turned to The New Yorker reporter filing inside the Senate Chamber, and repeated his message: “It’s only a matter of time. Justice is coming.”.
After more rioters entered the Chamber, defendant led the crowd in what he described as a “prayer” over his bullhorn. The New Yorker Footage at 8:02. “Thank you for allowing the United States of America to be reborn,” he exclaimed. “Thank you for allowing us to get rid of the communists, the globalists, and the traitors within our government.”
B. Defendant’s Interviews and Arrest
The following day, on January 7, 2021, defendant called the Federal Bureau of Investigation (“FBI”) Washington field office and asked to speak with law enforcement. Defendant confessed that he was the person photographed standing at Vice President Pence’s seat on the Senate dais, wearing face paint and a horned headdress. He further explained that he entered the Capitol “by the grace of God” and said he was glad he sat in the Vice President’s chair because Vice President Pence is a child-trafficking traitor.
Defendant stated that he did not intend for his note to Vice President Pence to be understood as a threat. But he expressed his interest in returning to Washington, D.C. for the 46th Presidential Inauguration, telling the FBI: “I’ll still go, you better believe it. For sure I’d want to be there, as a protestor, as a protestor, fuckin’ a.”… Later that day, in an interview with NBC News, defendant boasted about his involvement in the events on January 6th, saying “[t]he fact that we had a bunch of traitors in office hunker down, put on their gas masks and retreat into their underground bunker, I consider that a win.”
On January 8, 2021, the government initiated this criminal matter by filing a sealed Complaint in this District. The Complaint charged defendant with knowingly entering or remaining in any restricted building or grounds without lawful authority in violation of 18 U.S.C. 5104(c)(2)(A) and (G). The same day, U.S. Magistrate Judge G. Michael Harvey issued a warrant for defendant’s arrest.
The next day, January 9, 2021, defendant drove to the FBI field office in Phoenix, Arizona to speak with authorities again. At this point, defendant had not yet learned of the warrant for his arrest or the criminal Complaint, as both documents were sealed. During that second interview, defendant twice told law enforcement that he had plans to drive to the Arizona State Capitol. Corroborating those plans, law enforcement found the horned headdress, face paint, six-foot spear, and bullhorn in defendant’s car, which was parked outside the FBI field office. Defendant was then arrested at the Phoenix FBI office.
C. Procedural History
On January 11, 2021, defendant was indicted in this District. ECF No. 3. The Indictment charges defendant with civil disorder in violation of 18 U.S.C. 231(a)(3) and obstructing an official proceeding in violation of 18 U.S.C. 1512(c)(2), both of which are felonies. It also charges defendant with four misdemeanors: entering and remaining in a restricted building, in violation of 18 U.S.C. 1752(a)(1), disorderly conduct in a Capitol building in violation of 40 U.S.C. 5104(e)(2)(G).
The same day he was indicted, defendant had an initial appearance before U.S. Magistrate Judge Deborah M. Fine in the District of Arizona. The government sought defendant’s pre-trial detention and, on January 15, 2021, Magistrate Judge Fine held a detention hearing. United States v. Chansley.
After hearing from both sides, the magistrate judge found that no condition or combination of conditions would reasonably assure the appearance of the defendant as required or the safety of others and the community. Accordingly, she ordered defendant detained pending trial.
In support of the order of detention, Magistrate Judge Fine found:
Despite Mr. Chansley’s voluntary communications with federal investigators, the evidence before the Court confirms Mr. Chansley’s motivations and capabilities to participate in similar unlawful acts while in pretrial release.
Mr. Chansley broke through barricades, unlawfully entered the Capitol Building, disobeyed police orders to leave, refused a police request to quell the crowd using his bullhorn, and instead ran up onto the dais where Vice President Pence had been presiding just minutes before and scrawled a threatening note.
Mr. Chansley’s willingness to very publicly attempt to obstruct the official duties of the United States Congress certifying the vote count of the Electoral College make clear his disregard for the importance of following orders during official proceedings such as the D.C. District Court case now charging him with serious crimes. Further, on Twitter, in late November
After defendant Jacob Anthony Chansley was arrested on charges stemming from his participation in the January 6, 2021 breach of the United States Capitol, a magistrate judge in the District of Arizona ordered him detained pending trial. Defendant now asks this Court to vacate the magistrate judge’s order of detention and release him as he awaits trial. After the government filed its opposition, and the defendant replied, the Court held a hearing
After hearing argument from both sides, the magistrate judge found that no condition of or combination of conditions would reasonably assure the appearance of the defendant as required or the safety of others and the community. Accordingly, she ordered defendant detained pending trial.
“Despite Mr. Chansley’s voluntary communications with federal investigators, the evidence before the Court confirms Mr. Chansley’s motivations and capabilities to participate in similar unlawful acts while on pretrial release. Mr. Chansley broke through barricades, unlawfully entered the Capitol Building, disobeyed police orders to leave, refused a police request to quell the crowd using his bullhorn, and instead ran up onto the dais where Vice President Pence had been presiding just minutes before and scrawled a threatening note.
Mr. Chansley’s willingness to very publicly attempt to obstruct the official duties of the Unite States Congress certifying the vote count of the Electoral College makes clear his disregard for the importance of following orders during official proceedings such as the D.C. District Court case now charging him with serious crimes.
Further, on Twitter in late November 2020, Mr. Chansley had previously promoted identifying and then hanging those he believes to be traitors within the United States government.
After defendant was transferred to the District of Columbia Central Detention Facility (“D.C. jail”), he submitted an inmate request form for a religious dietary accommodation based on his shamanistic faith. He explained that he eats only organic food because of his faith.
Defendant refused to eat the food given to him while his request was pending, and the D.C. jail eventually denied his request. After one week without food, defendant filed an “emergency motion for sustenance or, in the alternative, for pretrial release.”
The government opposed defendant’s request for pre-trial release but took no position on his request for organic food. After holding a hearing, the Court granted defendant’s motion for a religious dietary accommodation, finding that the D.C. jail’s refusal to accommodate defendants’s sincerely held religious beliefs violated the First Amendment.
Because the defendant withdrew his alternative request for pre-trial release, the Court did not rule on it. The next day, the D.C. jail represented that it was unable to comply with the Court’s Order, so the U.S. Marshal transferred defendant to the Alexandria Detention Facility in Virginia.
Now, one month later, defendant agains seeks pre-trial release. He argues that after Magistrate Judge Fine ordered him detained, “significant developments have occurred and a number of significant acts have come to light, all of which ” now make pre-trial release appropriate.
Those developments, he argues include the fact that President Biden was inaugurated and the fact that the COVID-19 pandemic has made it difficult for defense counsel and defendant to have unmonitored communications. Alternatively, defendant asks to be temporarily released pursuant to 18. USC. 3142(i) for the “compelling” reasons that his faith precludes him from receiving a COVID-19 vaccination and that the pandemic has made it “impossible” for defense counsel and defendant to speak privately.
The government opposes defendant’s request for pre-trial release. It incorporates the arguments raised in his opposition, to defendant’s “emergency motion for sustenance or, in the alternative, for pretrial release,” and it proffers details of the events on January 6th from video captured inside the Capitol and published by The New Yorker.
After defendant replied, the Court held a hearing on defendant’s motion. During the hearing, defense counsel represented that defendant was welcomed into the Capitol by police officers. To refute this claim, the government referenced video footage of defendant that was in the government’s possession but had not yet been disclosed to defendant. Accordingly, at the Court’s direction, the government disclosed the video footage to defendant and the Court.
Also during the hearing, the government referenced an interview given by defendant and defense counsel to 60 Minutes+, which aired on March 4, 2021. The government provides the link to that interview in its Sur-reply. Defendant’s motion is now ripe for consideration.
II LEGAL STANDARDS
A. Pre-Trial Detention Under the Bail Reform Act
The Bail Reform Act, 18 U.S.C. 3141, authorizes the detention of defendants awaiting trial on a federal offense only under certain, limited circumstances. 18 U.S.C. 3141(f). First, the government may seek a defendant’s pre-trial detention if charged offenses fall into any of five enumerated categories. 3141(f)(1). Those categories include:
(A) a crime of violence, a violation of section 1591, or an offense listed in section 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed.
(B) an offense for which the maximum sentence is life imprisonment or death,
(C) and offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act … the Controlled Substances Import and Export Act … or [46 U.S. C 705]
(D) any felony if [the person charged] has been convicted of two or more offenses described in [3143(f)(1)(A)-(C)], or two or more State or local offenses that would have been offenses described in [3124(f)(1)(A)-(C)] if a circumstance giving rise to federal jurisdiction had existed, or a combination of such offenses, or
(E) any felony that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device … or any other dangerous weapon. 18 U.S.C. 3142(f)(1)(A)-(E).
Second, the government may also seek detention — or the court may sua sponte hold a detention hearing to determine whether pre-trial detention is appropriate — if the case involves “a serious risk” that the defendant will flee or “will attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective witness or juror.”
If the Bail Reform Act authorizes pre-trial detention, the judicial officer must hold a hearing to determine whether there are conditions of release that would reasonably assure the appearance of the defendant as required and the safety of any other person and the community.
If the judicial officer finds that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community,” the judicial officer shall order the person detained pending trial.
A finding that no condition or combination of conditions would reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence. And a finding that no conditions would reasonably assure the defendant’s appearance is as required must be supported by a preponderance of the evidence.
In two situations, the Bail Reform Act establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any other person and the community.
First, a rebuttable presumption arises if the judicial officer finds that (a) the person has been convicted of certain listed federal offenses, including a “crime of violence,” or similar state offenses, (b) that offense was committed while the person was on release pending trial for another offense, (c) not more than five years have elapsed since the date of conviction of that offense or the release from imprisonment, whichever is the latter.
A rebuttable presumption also arises if the judicial officer finds probable cause to believe that the person committed any of five categories of enumerated offenses.
If the case does not involve either of those circumstances, there is no rebuttable presumption of detention and the court instead must consider the following factors to determine whether there are conditions that would reasonably assure the defendant’s appearance and the public’s safety:
(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, a violation of Section 1591, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive or destructive device.
(2) the weight of the evidence against the person
(3) the history and characteristics of the person, including —
(A) the person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings.
(B) whether, at the time of the current offense of arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of the sentence for an offense under Federal, state, or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person’s release.
B. Review of a Magistrate Judge’s Order of Detention Under 18 U.S.C. 3145(b)
If a magistrate judge orders a defendant detained, the defendant “may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order.” The motion shall be decided promptly. The court having original jurisdiction of the offense reviews the magistrate judge’s order of detention de novo as to issues of both law and fact.
C. Temporary Release under 18 U.S.C. 3142(i)
In addition to seeking review of a detention order by the court having original jurisdiction of the offense, the Bali Reform Act also allows defendants ordered detained to move for temporary release under 18 U.S.C. 3142(i).
Section 3142 provides that after a judicial officer enters an order of detention, the officer “may by subsequent order, permit the temporary release of the [defendant], in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation for the person’s defense or for another compelling reason. A defendant moving under 3142(i) bears the burden of showing that he is entailed to relief.
Before the COVID-19 pandemic, few courts had considered what amounts to “another compelling reason” necessitating release, as motions brought under 3142(i) typically sought temporary release for the defendant’s preparation of his defense.
More recently, however, courts have confronted the argument that temporary release under 3142(i) is necessary due to the conditions in detention facilities caused by the COVID-19 pandemic. And while some courts have granted temporary release under 3142(i) when the defendant has serious underlying health condition that exacerbate the risk of severe illness or death from COVID-19, courts recognize that the existence of COVID-19 alone does not present a “compelling reason” necessitating temporary release.
III DISCUSSION
A. The Bail Reform Act Authorizes Defendant’s Pre-Trial Detention
As a threshold matter, the Court must first determine whether the Bail Reform Act allows the government to seek pre-trial detention. The government argues that defendant is subject to pre-trial detention under 3142(f)(1)(E) because he carried a dangerous weapon (a six-foot spear) during the commission of the crimes charged.
In response, defendant argues that he did not carry a “dangerous weapon” into the Capitol because the object he carried was not a six-foot “spear” but rather a “flagpole” with “a spear finial.” The spear finial, he notes is the “traditional Native American design.”
The Court agrees with the government that defendant is subject to pre-trial detention under 3142(f)(1)(E). Section 3142(f)(1)(E) allows the government to seek pre-trial detention in cases involving “any felony that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device … or any other dangerous weapon.”
Defendant was charged with two felonies: civil disorder in violation of 18 U.S.C. 231(a)(3) and obstruction of an official proceeding in violation of 18 U.S.C. 1752(a)(1). As both parties agree, neither of these felonies is a “crime of violence” as defined by the Bail Reform Act.
The only issue to be decided, then is whether a six-foot pole with a metal spearhead fixed to the top constitutes “any other dangerous weapon.” The Bail Reform Act does not define the term “dangerous weapon,” nor is the Court aware of any case in this Circuit or any other that defines “dangerous weapon” as used in the Bail Reform Act.
The same term is, however, used in functionally analogous contexts elsewhere in Title 18 of the U.S. Code, such as the federal assault statutes: 18 U.S.C. 111 and 113. Section 111(b) criminalizes assault of a federal officer using a “deadly or dangerous weapon.” 18 U.S.C. 111(b) and Section 113(a)(3) punishes assault “with a dangerous weapon” when committed within the special maritime and territorial jurisdiction of the Untied States.
As used in Sections 111 and 113, courts have consistently defined “dangerous weapon” as an object that is either inherently dangerous or is used in a way that is likely to endanger life or inflict great bodily harm. “Inherently dangerous” weapons are those are “obviously dangerous” such as “guns, knives, and the like. Conversely, “objets that have perfectly peaceful purposes may be turned into dangerous weapons” when used in a manner likely to cause bodily harm.
Under this definition, the Court finds that a six-foot pole with a metal spearhead fixed the top is, undoubtedly, a dangerous weapon. Like a knife, it is inherently dangerous. Both objects have a sharpened point designed to inflict harm by piercing or punching. Moreover, a spear can inflict those puncturing and stabbing would at a distance, making it even more effective as an offensive weapon than a knife.
Thus, because defendant’s six-foot spear is inherently dangerous, it does not matter whether defendant actually used it to cause bodily harm while inside the Capitol.
B. The Court Finds, by Clear and Convincing Evidence, that No Condition or Combination of Conditions Will Reasonably Assure the Safety of Other Persons and the Community
The Bail Reform Act does not establish a rebuttable presumption of detention in this case. Accordingly, to determine whether any condition or combination of conditions will reasonably assure the safety of others and the community, the Court must consider available information concerning four subjects set forth in 18 U.S.C. 3142(g).
Those subjects include the nature and circumstances of the offenses charged, the weight of the evidence against defendant, defendant’s history and characteristics, and the nature and seriousness of the danger to any person in he community that would be posed by defendant’s release…
Defendant’s Statements and Actions on January 6th Show That He Will Not Comply With Court-Ordered Conditions of Release.
Not only do the circumstances of the crimes charged indicate that defendant poses a risk to public safety, but defendant’s actions also show that he will not comply with Court-ordered conditions of release. Defendant’s conduct inside the Capitol building on January 6th demonstrates his willingness to openly and publicly flout orders from law enfacement.
When Officer Robishaw attempted to calm the crowd inside the Capitol building, defendant used his bullhorn to encourage other rioters. And when Office Robishaw asked the rioters leave the building, defendant disobeyed this order and instead headed up a stairwell toward the Senate Chamber.
Once inside the Senate Chamber, defendant refused to cooperate when Officer Robishaw asked to use his bullhorn to get the rioters out of the Chamber. Based on his conduct, the Court has no faith that defendant would comply with conditions of release, such as a curfew or an ankle monitor…
C. The Court Finds, by a Preponderance of the Evidence, that No Condition or Combination of Conditions Will Reasonably Assure Defendant’s Appearance as Required
Next, the Court must determine whether any condition or combination of conditions would reasonably assure defendant’s appearance as required. Again, the Court must consider the circumstances set forth in 3142(g) to make this finding.
Based on the gravity of the conduct leading to the crimes charged, the weight of evidence against defendant, defendant’s ties to the group “QAnon,” and the lack of an appropriate custodian, the Court finds by a preponderance of the evidence that no conditions of release would mitigate the risk of flight…
September 3, 2021: U.S. Department of Justice posted “Arizona Man Pleads Guilty to Felony Charge In Jan. 6 Capitol Breach”.
Jacob Anthony Chansley, a.k.a. Jake Angeli, 34. of Phoenix, Arizona, pleaded guilty today to obstruction of an official proceeding, a felony, for his role in the crimes related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.
Chansley faces a statutory maximum of 20 years in prison, as well as a supervised release. The Honorable Royce C. Lamberth, who accepted the guilty plea, scheduled sentencing for Nov. 17., 2021, in the U.S. District Court for the District of Columbia.
According to court papers filed today, on the afternoon of Jan. 6, Chansley was among the crowd that passed the police line at the West Front of the U.S. Capitol. He was shirtless, wearing a Viking hat with fur and horns, wearing red, white and blue face paint, and carying an American flag tide to a pole with a sharp object at the tip and a bullhorn.
He and others in the crowd passed police lines and entered the scaffolding erected in advance of the Inauguration on top of the staircase heading up to the Lower West Terrace of the building. They then entered the Upper West Terrace at approximately 2:10 p.m., as the certification proceedins were still under way. Chansley continued into the building through a broken door at approximately 2:14 p.m., one of the first 30 rioters to get inside.
Chansley continued moving, reaching the Galery of the Senate and then the Senate floor. He then scaled the Senate dais, taking the seat that Vice President Mike Pence had occupied an hour earlier.
He proceeded to take pictures of himself on the dais and refused to vacate the seat when asked to do so by law enforcement. Instead, Chansley stated that “Mike Pence is a f—ing traitor” and wrote a note on available paper on the dais, stating “It’s Only A Matter of Time. Justice is Coming!” He further called other rioters up to the dias and led them in an incantation over his bullhorm. He was cleared from the Chamber at approximately 3:09 p.m.
Chansley was arrested Jan. 9 and has been in custody ever since.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Arizona. It is being investigated by the FBI’s Washington Field Office with assistance from the U.S. Capitol Police, Metropolitan Police Department (MPD), and the FBI’s Phoenix Field Office.
In the seven months since Jan. 6, more than 570 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 170 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
November 17, 2021, USA TODAY posted “Jake Angeli, aka QAnon shaman, sentenced to 41 months in Jan 6 Capitol riot”. It was written by Richard Ruelas.
Jake Angeli, the Phoenix man who joined the riot of the U.S. Capitol on Jan. 6 with his face painted and his head topped with a fur hat with horns was sentenced on Wednesday to 41 months in prison.
Given the 11 months he has already served since his January arrest, Angeli will serve about 2 1/2 more years in a federal prison. The judge said he expected it would be a minimum security unit.
Before the judge passed the sentence, Angeli addressed the court for about 30 minutes and accepted responsibility for his crime. But said he was not a danger to society.
“I may be guilty of this crime, absolutely,” he said. “But I am in no way, shape or form a dangerous criminal. I’m not a domestic terrorist. I’m not an insurrectionist. I’m a good man who broke the law.”
Angeli said he asked himself how Jesus Christ or Mahatma Gandhi would act and decided that Jesus would respect and understand his captors and that Ghandi would accept responsibility.”
“The hardest part of all of this is, I know I am to blame,” Angeli told the court. “Most people will never have any idea to know what it’s like to look in the mirror and say, you know, you really messed up.
Judge Royce Lamberth told Angeli that he thought he had genuine remorse, but could not justify deviating down from the sentencing guidelines for the felony crime.
“Although you have evolved in your thinking… what you did here was horrific,” the judge told him.
Angeli, 34, was not accused of any violence nor property damage during his time in the U.S. Capitol, but prosecutors said Angeli played a key role by goading on the crowd through shouts blasted from his megaphone.
Angeli also took the dais of the U.S. Senate, which had been hurriedly cleared moments earlier, and left a note for then-Vice President Mike Pence that warned him: “Its only a matter of time. Justice is coming!”
Speaking to Lamberth on Wednesday, Assistant U.S. Attorney Kimberly Paschall said that note was particularly chilling because Angeli was not writing that from his Phoenix home, but while in D.C., while Pence was close by.
Paschall said Angeli’s actions have been descried by himself and others as peaceful. But she showed videos to the court that showed Angeli entering the building and shouting an obscenity in the Senate Chamber.
“This is not peaceful. That is chaos,” she said. “That is not peaceful. That is criminal obstruction.”
Angeli, who was charged under his legal name, Jacob Chansley, had pleaded guilty to a single felony count of obstructing a civil proceeding.
The government had asked that Angeli be sentenced to 51 months. Angelis’s lawyer, Albert Watkins, asked that his client be freed, arguing that the 11 months he has already spent in solitary confinement was punishment enough.
In court on Wednesday, Watkins said the sentencing provided a unique opportunity for the judge to both “mete out justice” and to “bridge this great divide” in the country’s political climate.
Lawyer says Angeli did it for Trump
Watkins has argued that Angeli thought he was acting at the behest of then-President Donald Trump who had requested his supporter show up to D.C. on Jan. 6, the day a joint session of Congress would certify that President Joe Biden defeated Trump in the 2020 general election.
“He was not an organizer,” Watkins wrote of Angeli. “He was not a planner. He was not violent. He was not destructive. He was not a thief.”
Watkins has also, in interviews and in court briefs, discussed the mental deficiencies of his client. He has described Angeli’s life as being filled with abuse and neglect. In his filing, to the court ahead of Angeli’s sentencing, Watkins said Angeli found the supportive community he had long craved among followers of Trump.
Watkins said that Angeli’s mental health has deteriorated in custody, where he has been kept in isolation due to restrictions around the COVID-19 pandemic.
“He suffers from severe anxiety, panic attacks, and a constant feeling of claustrophobia while he is locked along in his cell each day.” Watkins wrote.
In court filings, his attorney said that a military mental health examination for Angeli, who had served in the Navy, found he suffered from a personality disorder, but was deemed he was fit to serve. The Navy did not tell Angeli he had the disorder, which his attorney named as schizotypal personality disorder.
Watkins, in court Wednesday, said that since learning of his diagnosis, Angeli had become a “new man.”
A history of protests, conspiracy theories
Angeli had become a fixture at protests and marches throughout Phoenix area since at least 2019.
He originally painted his face black and white, but switched to red, white and blue during the 2020 election year.
Angeli would parade around shirtless, showing off a chest decorated with elaborate tattoos, each a symbol of his shamanistic beliefs, he said.
He donned a fur helmet with tails that draped his face and was topped with horns.
Angeli also carried a six-foot spear that had a real tip. Though, his attorney said in court filings, that it was not secure property and would fall off it tilted too far.
In interviews with the Republic, Angeli said he intentionally picked his outfit as a way to draw attention to himself and the message he would shout in a booming voice that resonated even without amplification.
He often carried a sign that said “Q Sent Me,” showing his fealty to the QAnon movement.
Angeli had at the ready, a well-rehearsed answer should someone ask who Q was.
“Q is the highest level in the military and the intelligence community,” he would say in a rapid-fire response.
Q was “disseminating above top secret information to patriots in the republic like myself and the people in the Q movement to take back our country from evil globalists and communists,” he would say, not pausing for breath, “who are attempting to monopolize all of the resources and all of the labor in our country and all over the world so they can create a new world order, one world government.”
Angeli self studied as a shaman, giving himself the name Yellowstone Wolf. He offered lessons for $55.55 in topics such as spiritual self defense through his virtual Starseed Academy. It provided what he said was his only, if spotty, income.
Cooperating with the FBI
Angeli drove to Washington, D.C. with others from Phoenix. He has not said who he traveled with, but his attorney said that Angeli had been cooperating with authorities investigating the Capitol insurrection.
He was one of the first people into the U.S. Capitol, prosecutors said, entering through a door that security camera footage showed had been busted open from the inside by rioters who had entered the building through smashed windows.
Prosecutors said that based on an analysis if video footage that Angeli was in the Capitol building for about an hour.
His final stop was the U.S. Senate Chamber.
Angeli gave an interview to NBC News the next day, while traveling back to Arizona, and downplayed hi actions. “I walked through an open door, dude,” he said. Although he said he did feel a sense of accomplishment for making members of Congress run for cover.
Angeli’s image was one of the first distributed by authorities hoping to identify him, with his costume earning him a nickname in the national media: The QAnon shaman. Aware he was being sought, Angeli contacted the FBI and arranged to go to the Phoenix office upon his return of what he thought would be a follow-up interview.
He was arrested when he showed up and has been in custody ever since.
Agents searching his car found the fur hat with horns and spear inside.
Angeli had planned, after the meeting with the FBI, to drive to the Arizona State Capitol and start another one of his signature protests.
The Lectern Guy
January 9, 2021: Department of Justice U.S. Attorney’s Office District of Columbia reported “Three Men Charged in Connection with Events at U.S. Capitol”
Three men were charged today in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.
Adam Johnson, 36, of Florida, was charged with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority; one count of theft of government property; and one count of violent entry and disorderly conduct on Capitol grounds. Johnson was arrested yesterday and is currently in custody.
It is alleged that on Jan. 6, 2021, Johnson illegally entered the United States Capitol and removed the Speaker of the House’s lectern from where it had been stored on the House side of the Capitol building. A search of open sources led law enforcement to Johnson, who is allegedly seen in a widely circulated photo inside the Capitol carrying the lectern.
January 11, 2021: The Tampa Bay Times reported “Florida man accused in Capitol lectern theft allowed to go free on bond”
Adam Christian Johnson, the Parrish man who became one of the most prominent symbols of the riots that engulfed the U.S. Capitol last week when he was photographed carrying a lectern from the House of Representatives, was released Monday in Tampa.
Johnson, a 36-year-old father of five boys, appeared in a Tampa federal courtroom Monday afternoon. After the proceeding, Johnson signed a $25,000 signature bond to secure his release. He will not have to pay any money unless he fails to appear in court.
Johnson strolled out of the Sam M. Gibbons U.S. Courthouse shortly before 4 p.m., wearing a white T-shirt, flip-flops, and shorts.
His lawyers said he had received death threats since the Jan 6. riot.
“He’d like to just get home to his family,” said his attorney, David Bigney.
U.S. Magistrate Judge Christopher Tuite ordered that Johnson is to be restricted from traveling outside the Middle District of Florida while the case against him is pending. He can travel to Washington, D.C., only for court appearances.
Assistant U.S. Attorney Patrick Scruggs told the judge that the government could not demonstrate that Johnson poses a risk of fleeing. But he asked that Johnson not be subject to restrictions while on release, including drug testing, the surrender of his passport and a nightly curfew from 9.p.m. to 6 a.m.
“This is a serious case,” Scruggs told the judge. “Everyone involved in the storming of the Capitol lst week needs to be held accountable for their actions, including Mr. Johnson.”
Johnson, flanked by Orlando attorneys Bigney and Dan Eckhart, sat quietly at a defense table, saying little other than to answer standard questions about whether he understood his rights.
His next court date is set for Jan. 19 in the nation’s capital. The inauguration of President-elect Biden is scheduled to occur the following day.
Scruggs expressed concern that Johnson would attend the event, emphasizing that he is to travel only for court purposes.
“I can assure you he is not going to be attending the inauguration,” Eckhart said.
The case against Johnson will be handled in Washington, D.C., but the judge explained that he has the right to have the case transferred to Tampa. Such a transfer, though, would require him to plead guilty, and would only occur with the consent of the U.S. Attorneys.
Speaking with reporters after the hearing, Eckhart acknowledged that the widely-seen image of his client inside the Capitol is problematic for the defense.
“I don’t know how else to explain that, but yeah, that would be a problem,” Eckhart said. “I’m not a magician, and neither is Mr. Bigney. We’ve got a photograph of our client in what appears to be inside the federal building, inside the Capitol, with government property.”
Johnson had been held in the Pinellas County Jail since his arrest Saturday on a federal warrant. He faces three charges: entering or remaining in a restricted building without lawful authority, theft of government property, and violent entry and disorderly conduct on Capitol grounds.
He is one of dozens of people nationwide who have been arrested in the days following the violent insurrection against America’s legislative branch of government.
Drawn to the nation’s capital in protest of the 2020 election results, the mob in support of outgoing President Donald Trump overwhelmed Capitol police, smashed windows, rampaged through hallways and congressional offices, and swarmed the Senate floor. Five people, including a police officer, died in the melee.
Amid the riot, Johnson’s image became iconic. A photograph appeared to show him strolling through the Capitol rotunda flashing a broad smile and waving his left hand as his right arm lugs the lectern, which bears the seal of the Speaker of the House of Representatives. A famous oil painting, “Surrender of General Burgyone,” can be seen behind him, along with an American flag. In the picture, Johnson wears a knitted cap with the name “Trump.”
The lectern was later found undamaged inside the Capitol.
As the image circulated widely on social media, someone who knew him notified the FBI that he was a resident of Manatee County
January 12, 2021: The Hill reported “Man seen carrying Pelosi’s lectern during Capitol riot released on $25K bail. By John Bowden.
The man seen in a now-viral image carrying away Speaker Nancy Pelosi’s (D-Calif.) lectern during Wednesday’s deadly riot at the Capitol was released Monday on $25,000 bail.
An attorney for Johnson addressed reporters at a press conference Monday afternoon and seemingly admitted that his client was the man in the photo carrying stolen property.
“You have a photograph of our client in a building, unauthorized to be there,” said Dan Eckart. “I’m not a magician… So, yeah, we’ve got a photograph of our client, what appears to be inside a federal building, … with U.S. property.”
Here’s Eckhart’s comment on vid: “Johnson was released from federal court in #Tampa today on a $25K bond. He surrendered his passport and submitted to wearing a tether. A prelim hearing is set for Jan 19 in DC, the day before Biden’s inauguration. @10TampaBay pic.twitter.com/4EXZSuknkv
A statement from the U.S. attorney’s office indicated that the widely shared photo showing Johnson carrying Pelosi’s lectern led them to him. He faces charges of stealing government property, violent entry and entering a government building without permission.
According to CBS Atlanta, Speaker Nancy Pelosi’s lectern has a market value of about $1,000. Adam Johnson was charged with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority. He is also charged with one count of theft of government property, which is a felony. He was also charged with one count of violent entry and disorderly conduct on capital grounds.
“It is alleged that on Jan, 6, 2021, Johnson illegally entered the United States Capitol and removed the Speaker of the House’s lectern from where it had been stored on the House side of the Capitol building,” prosecutors said, according to WTSP. “A search of open sources led law enforcement to Johnson, who is allegedly seen in a widely circulated photo inside the Capitol carrying the lectern.”
— Josh Sidorowicz WTSP (@JoshWTSP) January 11, 2021.
Dozens of people have been charted over their alleged involvement in Wednesday’s riot, which left five dead, including one Capitol Police officer. Lawmakers, staffers and reporters were forced to hide in secure areas for hours while mobs ransacked the building and battled with law enforcement.
January 28, 2021: Tampa Bay Times reported: “Florida man accused in Capitol lectern theft allowed to go free on bond” It was written by Dan Sullivan.
Adam Christian Johnson, the Parrish man who became one of the most prominent symbols of the riots that engulfed the U.S. Capitol last week when he was photographed carrying a lectern from the House of Representatives, was released Monday in Tampa.
Johnson, a 36-year-old father of five boys, appeared in a Tampa federal courtroom Monday afternoon. After the preceding, Johnson signed a $25,000 signature bond to secure his release. He will not have to pay any money unless he fails to appear in court.
Johnson strolled out of the Sam. M. Gibbons U.S. Courthouse shortly before 4 p.m., wearing a white T-shirt, flip-flops, and shorts.
His lawyers said he has received death threats since the Jan. 6 riot.
“He’d just like to get home to his family,” said his attorney, David Bigney.
U.S. Magistrate Judge Christopher Tuite ordered that Johnson is to be restricted from traveling outside the Middle District of Florida while the case against him is pending. He can travel to Washington, D.C., only for court appearances.
Assistant U.S. Attorney Patrick Scruggs told the judge that the government could not demonstrate that Johnson poses a risk of fleeing. But he asked that Johnson be subject to restrictions while on release, including drug testing, the surrender of his passport and a nightly curfew from 9 p.m. to 6 a.m.
“This is a serious case,” Scruggs told the judge. “Everyone involved in the storming of the Capitol last week needs to be held accountable for their actions, including Mr. Johnson.”
Johnson, flanked by Orlando attorneys Bigney and Dan Eckhart, sat quietly at a defense table, saying little other than to answer standard questions about whether he understood his rights.
His next court date is set for Jan. 19 in the nation’s capital. The inauguration of President-elect Joe Biden is scheduled to occur the following day.
Scruggs expressed concern that Johnson would attend the event, emphasizing that he is to travel only for court purposes.
“I can assure you he is not going to be attending the inauguration,” Echkart said.
The case against Johnson will be handled in Washington, D.C., but the judge explained that he has the right to have the case transferred to Tampa. Such a transfer, though, would require him to plead guilty, and would only occur with the consent of the U.S. Attorneys.
Speaking with reporters after the hearing, Eckhart acknowledged that the widely-seen image of his client inside the Capitol is problematic for the defense.
“I don’t know how else to explain that, but yeah, that would be a problem,” Eckhart said. “I’m not a magician, and neither is Mr. Bigney. We’ve got a photograph of our client in what appears to be inside the federal building, inside the Capitol, with government property.”
Johnson had been held in the Pinellas County Jail since his arrest Saturday on a federal warrant. He faces three charges: entering or remaining in a restricted building without lawful authority, theft of government property, and violent entry and disorderly conduct on Capitol grounds.
He is one of dozens of people nationwide who have been arrested in the days following the violent insurrection agains America’s legislative branch of government.
Drawn to the nation’s capital in protest of the 2020 election results, the mob in support of outgoing President Donald Trump overwhelmed the Capitol police, smashed windows, rampaged through hallways and congressional offices, and swarmed the Senate floor. Five people, including a police officer, died in the melee.
Amid the riot, Johnson’s image became iconic. A photograph appeared to show him strolling through the Capitol rotunda flashing a broad smile and waving his left hand as his right arm lugs the lectern, which bears the seal of the Speaker of the House of Representatives. A famous oil painting, “Surrender of General Burgoyne,” can be seen behind him, along with an American flag. In the picture, Johnson wears a knitted cap with the name “Trump.”
The lectern was later found undamaged inside the Capitol.
As the image circulated widely on social media, someone who knew him notified the FBI that he was a resident of Manatee County.
November 22, 2021: WTSP reported ‘Lectern guy’ pleads guilty to entering the US Capitol during Jan. 6 insurrection” It was written by Katie Jones.
Adam Johnson, the man seen carrying House Speaker Nancy Pelosi’s lectern during the Jan. 6 U.S. Capitol riot has pleaded guilty to entering and remaining in a restricted building or grounds.
Johnson had also been charged with theft of government property and violent entry and disorderly conduct on the Capitol grounds. Both of those charges have been dismissed.
The Capitol rioter was caught smiling and waiving the camera while carrying the lectern inside the Capitol building. The photo, captured by Getty Images photographer Win McNamee, was one of the many that went viral during the insurrection of the Capitol by supporters of former President Donald Trump.
The lectern and a gavel that was reported missing were recovered undamaged, according to The Washington Post, citing a spokesperson for the Committee on House Administration.
Johnson was jailed on Jan. 8 on a federal warrant in Pinellas County following the riot. At the time, one of Johnson’s lawyers told reporters outside the Tampa courthouse there has been “a lot of judgment” against Johnson based on the photograph, including death threats to him and his family.
A second lawyer for Johnson, Dan Eckhart, acknowledged that the photograph of their client may have presented a problem defending him in court.
“I don’t know how else to explain that, but yeah, we have a photograph of our client, who appears to be in a federal building or inside the Capitol with government property, Eckhart said.
Johnson’s sentencing hearing is set for February 25, 2022. He could face up to six months in prison and a fine of up to $9,500.
February 25, 2022: BBC reported “US Capitol riot ‘podium guy’ Adam Johnson gets 75 days in prison”
A Florida resident photographed during the Capitol riots with a podium bearing the Speake of the House seal has been sentenced to 75 days in prison.
Adam Johnson, 37, dubbed “Podium Guy” by social media users in the wake of the riot, was also fined $5,000 (£3,725).
In November, Johnson pleaded guilty to entering and remaining in a restricted building.
In November, Johnson pleaded guilty to entering and remaining in a restricted building.
Judge Reggie Walton questioned how he could be “a good role model” to his five children”, according to NBC News.
He said Johnson made “a mockery” of the day’s events, which he likened to those seen in a “banana republic.”
“We’re on a dangerous slide in America,” the judge warned.
Johnson had travelled to Washington D.C. from Tampa, Florida on 5 January, a day before the riot.
He was photographed carrying he lectern used by House Speaker Nancy Pelosi and posing in front of a painting depicting the surrender of British General John Burgoyne in the American Revolutionary War.
According to court documents, he believed the podium “would make a good prop for a picture.”
Johnson also admitted he told other rioters that a nearby bust of George Washington would make for “a great battering ram” if needed.
He is said to have spent about half an hour inside the building.
Johnson later deleted his Facebook account as well as photos and videos from inside the building.
Days after the breach, he was charged with trespassing, disorderly conduct and theft of government property. Some of those charges against him were dropped late last year by prosecutors in exchange for his guilty plea.
The stay-at-home father has said he “deeply regrets his participation” in the Capitol breach.
He told the court on Friday that he had no intent to harm Speaker Pelosi that day.
“If I did find her, I would ask for a selfie with her, if anything,” he said, according to US media.
More than 740 people have been arrested since the attack last year. Most have been charged with misdemeanors but at least 40 have received prison sentences.
The “Baked Alaska” Guy
January 6, 2021, The New York Times posted: “Pro-Trump Mob Livestreamed Its Rampage, and Made Money Doing It”. It was written by Kellen Browing and Taylor Lorenz.
When the white nationalist Tim Gionet stormed the U.S. Capitol with a mob of Trump loyalists on Wednesday, entering congressional offices and putting his feet up on lawmakers’ furniture, he also chatted live with more than 16,000 of his fans.
Using a livestreaming site called Dlive, Mr. Gionet — known by the online alias “Baked Alaska” — broadcast his actions inside the Capitol. Through Dlive, his fans then sent him messages telling him where to go to avoid capture by the police. They also tipped him with “lemons,” a Dlive currency that can be converted into real money, through which Mr. Gionet made more than $2,000 on Wednesday, according to online estimates.
Mr. Gionet operates one of at least nine channels that used Dlive to share real-time footage from the front lines of Wednesday’s rampage. He and hundreds of other members of the far right have turned to the platform after mainstream services removed them. In 2017, Mr. Gionet was kicked off Twitter; last year, he was barred from YouTube…
January 7, 2021: The Department of Justice posted a STATEMENT OF FACTS
Your affiant is a Special Agent with the Federal Bureau of Investigation (FBI) and have been so employed since 2019. Prior to being employed with the FBI, your affiant was a Special Agent with the Florida Department of Law Enforcement (FDLE) from 2016-2019 and a Police Officer with the Kissimmee Police Department (KPD) from 2010-2016.
During that time, I have investigated kidnappings, homicides, bank robberies, Felon in Possession violations, Domestic Terrorism investigations, and threat-to-life violations. I have prepared and assisted in the preparation of court orders and search warrant applications.
Additionally, during the course of these and other investigations, I have conducted or participated in physical and electronic surveillance, assisted in the execution of search and arrest warrants, debriefed informants, interviewed witnesses and suspects, and reviewed other pertinent records.
Through my training, education, and expertise, I have become familiar with the efforts of persons involved in criminal activity to avoid detection by law enforcement. I am assisting in the investigation and prosecution of events which occurred at the United States Capitol on January 6, 2020.
On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representative and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020.
The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 p.m, the House and Senate adjourned to separate chambers to resolve a particular objection. Vice President Mike Pence was present and presiding, first in the joint session, and then in the Senate Chamber.
With the joint session underway and with Vice President Mike Pence presiding, a large crowd gathered outside the U.S. Capitol. Temporary and permanent barricades surround the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside.
At approximately 2:00 p.m, certain individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S Capitol Police, and the crowd advanced to the exterior façade of the building.
At such time, the joint session was still underway and the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; including by breaking windows. Shortly thereafter, at approximately 2:20 p.m. members of the House of Representatives and United States Senate, — evacuating the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the session resumed.
Based on information I have reviewed, I estimate that between 2:00 p.m., and no later than 4:00 p.m., Anthime Joseph Gionet, also known as “Baked Alaska” on social media platforms entered the United States Capitol without authorization to do so. While inside the Capitol Building, the defendant conducted an approximately 27-minute long livestream video on the “DLive” platform, noting that he was “documenting” the event. The video was later captured and posted to YouTube and Twitter, where your affiant viewed it.
At the 7:06 mark on the YouTube video the defendant approaches an exterior window and is offered a hand to exit the Capitol building. The defendant remarks “I’m staying” and remains in the building. At approximately the 9:40 mark in the YouTube video the defendant can be heard remarking “We are in the Capitol Building, 1776 will commence again.” At approximately the 12:40 mark in the YouTube video the defendant can be heard remarking “Unleash the Kraken, let’s go.” The defendant is repeatedly heard encouraging other protestors not to leave.
At the 15:54 mark in the YouTube video the defendant enters an office in the Capitol and interviews others. At approximately the 17:45 mark on the YouTube video the defendant picks up a telephone and acts out a purported phone call with the United States Senate personnel.
In the video, the defendant and the individuals he is with can be seen in the United States Capitol Building and can be heard chanting, “Patriots are in control,” “whose house? Our house,” and “traitors, traitors, traitors….”
At approximately the 18:05 mark in the YouTube video the defendant shouts, “America First is inevitable. Fuck Globalists, let’s go!” At approximately the 21:10 mark in the YouTube video the defendant remarks “Occupy the Capitol let’s go. We ain’t leaving this bitch.” At approximately the 19:00 mark in the YouTube video the defendant enters another office. The defendant sits on a couch and places his feet on a table. The defendant encourages others not to break anything.
At approximately the 25:26 mark in the YouTube video law enforcement officers ask the defendant to move, at which time, he identifies himself to them as a member of the “media,” and asks where he should go. At approximately the 26:35 mark in the YouTube video the defendant audibly accuses law enforcement of shoving him; no shoving can be seen on the video. He remarks to the law enforcement officer, “You’re a fucking oathbreaker you piece of shit,” “fuck you” approximately four times, and, “you broke your oath to the constitution.” The defendant exits the Capitol at approximately the 26:55 mark on the YouTube video.
Based on the foregoing, your affiant submits that there is probable cause to believe that the Anthime Joseph Gionet violated 18 U.S.C. § 1752(a)(1), which makes it a crime to knowingly enter or remain in any restricted building or grounds without lawful authority to do so.
Based on the foregoing, your affiant submits that there is also probable cause to believe that Anthime Joseph Gionet violated 40 U.S.C. § 5104(e)(2), which makes it a crime for an individual or group of individuals to willfully and knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; (E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings; (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or (G) parade, demonstrate, or picket in any of the Capitol Buildings.
The defendant can be heard remarking, “1776 baby,” “I won’t leave guys, don’t worry.” At the 2:52 minute mark in the YouTube video the defendant, who is livestreaming the event from his device, turns the phone around to show his face and is clearly identifiable. The defendant is a known social media personality and is thus recognizable.
January 10, 2023: Far-right influencer known as ‘Baked Alaska’ sentenced over Capitol attack (The Guardian) It was written by Martin Pengelly.
Anthime Gionet, a far-right social media personality known to this followers as Baked Alaska, was sentenced on Tuesday for two months in prison for his participation in the U.S. Capitol attack – participation he live-streamed.
In court in Washington D.C., the US district judge Trevor McFadden told Gionet, 35: “You did everything you could do to publicize your misconduct. You were there encouraging and participating fully in what was going on.”
Gionet did not address the court.
On 6 January, 2021, rioters breached the Capitol in service of Donald Trump’s attempt to overturn the 2020 election via the lie that Joe Biden’s win was the result of electoral fraud.
Gionet broadcast to around 16,000 followers from locations including the office of Jeff Merkley, a Democratic senator from Oregon. Pretending to report a “fraudulent election,” Gionet said; “We need to get our boy, Donald J Trump, into office.”
According to court documents, Gionet also told rioters: “Come in, let’s go, come on in, make yourself at home” and changed “Patriots are in control!” and “Whose house? Our house!”
His attorney Zachary Thornley, argued that Gionet “never crossed the line from being a protestor to a rioter” and was instead “sort of a guerrilla journalist” who was “there to document. That’s what he does.”
Before becoming a star of far-right social media, Gionet worked for website BuzzFeed.
Last July, however, he pleaded guilty to parading, demonstrating or picketing inside a Capitol building.
Gionet has had other brushes with the law. After clashes in Arizona in late 2020, he was sentenced to 30 days in jail for misdemeanor convictions and fined for damaging a Hanukkah display at the state capitol.
For his participation in the Capitol riot, prosecutors recommended 75 days incarceration and three years probation. Judge McFadden, a Trump appointee who took over the case before sentencing, handed down 60 days and two years probations.
Also imposing a $2,000 fine and $500 in restitution, McFadden said that for Gionet, the January riot was the “culmination of a petty crime spree.”
Gionet spoke to reporters outside the court, saying his sentence was a “win” and adding that he planned to use his time in jail to write a book.
“I have grown immense amounts,” he said. “But I still hold firm that I was there because I believe the election was fraudulent, and I believe people should have a right to speak freely as long as they are being peaceful.”
More than 900 people have been charged with federal crimes related to January 6. Nearly 500 have pleaded guilty. More than 350 have been sentenced.
The House select committee which investigated the riot recommended Trump face criminal charges. An investigation by the Department of Justice continues.
January 10, 2023: RollingStone reported ‘Baked Alaska’ Sentenced to 2 Months After Live-streaming Himself Rioting On Jan. 6″ It was written by Nikki McCann Ramirez
Far-right streamer Anthime Gionet, known online as “Baked Alaska,” has been sentenced to 60 days in prison after pleading guilty in July to having unlawfully protested inside the Capitol during the insurrection on Jan. 6., 2021. Gionet livestreamed almost 30 minutes of his participating in the riot, a decision which not only provided law enforcement with significant evidence placing him at the scene, but aided in identifying other protestors.
In addition to his prison sentence, Gionet has also been ordered to pay $2,500 in fines and restitution.
During the Capitol riot, Gionet touted his location to the camera and made comments to viewers in and the crowd, “Occupy the Capitol, let’s go. We ain’t leaving this bitch.” Gionet called a police officer a “fucking oathbreaker” and a “piece of shit.” He was arrested shortly after.
“You livestreamed your criminal content to thousands of followers hoping they would pay you for your actions,” District Judge Trevor McFadden told Gionet in his address to the court during sentencing. “You did everything you could to publicize your misconduct… You were there encouraging and participating fully in what was going on.”
McFadden described Jan. 6 as the “culmination of a petty crime spree” for Gionet, highlighting his criminal history and apparent lack of remorse for his actions. It’s “pretty shocking behavior.”
In May, Gionet came within a hair’s width of botching his best chance to avoid a jury trial — which given the extensive self-documentation of his actions would have likely resulted in a much harsher sentence — by bungling a hearing to enter a plea agreement with the prosecution.
When asked by Judge Emmet G. Sullivan if he was acknowledging his guilt by entering the plea deal, Gionet responded that he “wanted to go to trial, but the prosecutor said if I didn’t go to trial, they’d put a felony on me, so I think this is probably the better route … I believe I am innocent.”
Sullivan initially instructed Gionet to go ahead and “pick a trial date,” explaining that he could not accept the plea agreement if the defendant maintained their innocence and that he could not “force anyone to plead guilty if they’re not guilty.”
Gionet had long attempted to achieve infamy among the far right, transforming a failed attempt at achieving rap stardom into the trollish personality “Baked Alaska.” Throughout the 2016 electoral cycle Gionet was a staunch supporter of then-candidate Donald Trump, regularly appearing at rallies and events promoting his campaign.
The romance between the pro-Trump right and Gionet was short-lived, however, as before Trump’s inauguration, “Alaska” tweeted that the media is “run in majority by Jewish people.” The statements were condemned by factions of the right, and Gionet was pushed further to the fringes.
The charges stemming from his participation in the Capitol riot are only the latest entry in a history of legal troubles for the streamer. On Jan 13, 2021, Gionet was sentence to 30 days in jail after he assaulted a bouncer at an Arizona bar. Gionet skipped out on a pretrial hearing related to the assault in order to travel to D.C. and participate in the riot, leading the judge in the case to revoke his pretrial release and issue a bench warrant for his arrest.
In Nov. 2021, with a conviction already under his belt and a pending trial, Gionet was charged with misdemeanor criminal damage after he allegedly defaced a Hanukkah display while livestreaming. In the stream, Gionet can be heard saying “no more ‘Happy Hanukkah … only ‘Merry Christmas.'”
Gionet was taken into custody following the hearing on Tuesday and will be allowed to remain free until required to report to prison. “I have grown immense amounts,” Gionet told reporters as he left the courthouse. “But I still hold firm that I was there because I believe the election was fraudulent, and I believe people should have a right to speak freely as long as they are being peaceful.”
January 14, 2021: Arizona Central posted: “Warrant issued for arrest of far-right streamer Tim ‘Baked Alaska’ Gionet after he violates release conditions, failed to show in court” It was written by Anne Ryman.
A Scottsdale judge issued a warrant for the arrest Thursday of far-right social media personality Tim “Baked Alaska” Gionet after he said Gionet violated conditions of his release by leaving the state last week to go to Washington, where he apparently livestreamed the U.S. Capitol riot.
Gionet already was facing misdemeanor charges of assault, disorderly conduct and criminal trespass in Scottsdale City Court after police allege he refused to leave a Scottsdale bar and then pepper sprayed an employee. He had been released in that case with the agreement he not leave the state without the court’s permission.
Judge James Blake was not pleased that the 33-year-old Gionet chose to skip his court hearing without explanation, and even Gionet’s attorney, Zach Thornley, was unable to reach his client on the phone during the court hearing.
Blake set bond at $3,000, saying the $25,000 requested by prosecutors was too high.
Scottsdale prosecutors sought to revoke Gionet’s release after he livestreamed last week from Washington, D.C., where he was seen interviewing random people on the street the night before the U.S. Capitol riot. The next day, he livestreamed from inside the historic building as thousands of people overran Capitol Hill land drove lawmakers into hiding.
Scottsdale Assistant City Prosecutor Joshua Austin, in a petition “without written permission from the Court” and for “failing to remain law abiding.” In the filing, Austin asked the court to issue a summons ordering Gionet to appear in court.
Gionet’s attorney objected to having only a few days’ notice of the court hearing. He said the verbal instructions given his client after his arrest made no mention of him not leaving the state. He said his client has no prior criminal history and called the prosecution’s request for $25,000 bond “outrageous.”
Judge Blake said the release documents that Gionet signed after his arrest, however, outlined that he was not allowed to leave the state without court permission.
The 33-year-old, whose full name is Anthime Joseph Gionet, is known for his extreme, over-the-top internet stunts. He showed up without a mask in October inside a Flagstaff business and livestreamed reactions. His antics have increasingly led him to being banned from social media platforms.
Gionet’s livestreaming last week from the nation’s capital brought him a fresh round of publicity, including a critical account in The New York Times by a former co-worker at BuzzFeed, a news and entertainment website. The Times column described it a “the story of a man being rewarded for being a violent white nationalist, and getting the attention and affirmation that he’s apparently desperate for.”
Gionet’s name does not appear among those who have been arrested or indicted on criminal charges so far related to the Capitol riot.
January 16, 2021: BuzzFeed News reported “Far-Right Troll “Baked Alaska” Has Been Arrested Over The Coup Attempt At The Capitol”. It was written by Julia Reinstein.
Far-right internet troll Tim Gionet, better known as Baked Alaska, was arrested for his role in the deadly insurrection at the U.S. Capitol.
Gionet was arrested by the FBI in charges of “knowingly entering or remaining in any restricted building or grounds without lawful authority” and “violent entry and disorderly conduct on Capitol grounds,” a criminal complaint obtained by BuzzFeed News shows.
Gionet (who briefly worked for BuzzFeed years ago) live-streamed the Jan. 6 attack on Congress on DLive, a streaming platform popular with right-wing extremists, and at one point, turned the camera to show his face.
“We are in the Capitol Building, 1776 will commence again,” he said in video, the court documents state.
Despite participating in the coup attempt — including shouting anti-semetic and QAnon dog whistles, and encouraging others to remain in the building — he at one point identified himself as a member of the media to responding police officers and asked them where he should go. He then accused one of the officers of shoving him, through “no shoving can be seen in the video,” the records state.
On Thursday, a Scottsdale judge issued a warrant for his arrest due to Gionet allegedly violating the terms of his release by leaving the state to go to the Capitol riot, according to AZ Central.
“You’re a fucking oathbreaker you piece of shit,” Gionet then said to an officer.
Court documents also state that Gionet said on camera, “Occupy the Capitol lets’s go. We ain’t leaving this bitch.”
His livestream may be the reason many of the Capitol rioters have been and will be discovered by law enforcement, Vice reported. The FBI is using Gionet’s video to help identify the people who were there and has asked the public to assist in tracking them down.
Thanks to a feature on DLive where viewers can “tip” streamers, Gionet could have earned more than $2,000 from the Capitol riot livestream, according to New York Times.
However, DLive has since suspended Gionet’s account, along with several other accounts, and said the platform would be “freezing their earnings and abilities to cash out,” and that “donation[s] and paid subscriptions will be refunded,”
“While we strongly advocate for the empowerment of our content creators, we also have zero tolerance towards any forms of violence and illegal activities,” the company said.
This is not the first time Gionet has been deplatformed from. In 2017, he was permanently banned from Twitter for violating its hateful conduct policy, and he was banned from YouTube in October 2020 for harassing store workers for wearing masks.
He has also been banned from Uber, GoFundMe, Patreon, and PayPal.
Gionet was previously arrested in December for pepper-spraying a bouncer after he got kicked out of a Scottsdale, Arizona bar and refused to leave, the Phoenix New Times reported. He was charged with assault, disorderly conduct, and criminal trespassing for the incident, which he also livestreamed.
On Thursday, a Scottsdale judge issued a warrant for his arrest due to Gionet allegedly violating the terms of his release by leaving the state to go to the Capitol riot, according to AZ Central.
A lawyer representing Gionet in the Scottsdale case did not immediately respond to a request for comment.
January 16, 2021, The Associated Press reported “Far-right personality ‘Baked Alaska’ arrested in riot probe”
Far-right wing media personality Tim Gionet, who calls himself “Baked Alaska,” has been arrested by the FBI for his involvement in the riot at the U.S. Capitol, a law enforcement official told The Associated Press.
Gionet was arrested by federal agents in Houston on Saturday, according to the official, who was not authorized to discuss the matter before the public release of a criminal complaint and spoke on condition of anonymity.
Thousands of supporters of President Donald Trump stormed the Capitol on Jan. 6 as Congress was meeting to vote to affirm President-elect Joe Biden’s electoral win. Five people died in the mayhem.
Gionet faces charges of violent and disorderly conduct on Capitol grounds and knowingly entering a restricted building without lawful authority, according to the Department of Justice.
Court documents don’t list an attorney for Gionet, or say where he is being held. The jail in Harris County, which includes Houston, didn’t immediately reply to phone messages seeking further information.
FBI Special Agent Nicole Miller said in an affidavit filed in the case that Gionet streamed live for about 27 minutes from inside the Capitol and could be heard encouraging other protestors not to leave, cursing and saying “I’m staying,” “1776 baby,” and “I won’t leave, guys, don’t worry.”
She wrote that Gionet entered various offices and when told by law enforcement officers to move, identified himself as a member of the media. Miller wrote that Gionet then asked officer where to go before cursing a law officer while allegedly the officer shoved him, then leaving the building.
Gionet also posted video that showed Trump supporters in “Make American Great Again” and “God Bless Trump” hats milling around inside the Capitol and taking selfies with officers who calmly asked them to leave the premises. The Trump supporters talked among themselves, laughed, and told the officers and each other, “This is only the beginning.”
Law enforcement official across the country have been working to located and arrest suspects who committed federal crimes. So far, they have brought nearly 100 cases in federal court and the District of Columbia Superior Court.
In a 2017 interview with “Business Insider,” Gionet said he was given the nickname “Baked Alaska” because he is from Alaska and that he smoked marijuana at the time.
June 4, 2021: Arizona Republic posted: “Federal judge will allow far-right streamer Tim ‘Baked Alaska’ Gionet to continue livestreaming videos but calls conduct ‘dangerous’. It was written by Anne Ryman.
A federal judge will allow Tim Gionet, the social media personality known as “Baked Alaska,” to continue livestreaming videos as he awaits his trial on federal charges but called recent videos posted on YouTube “inane” and his behavior in them “concerning” and “dangerous.”
United States Magistrate Judge G. Michael Harvey on Friday ordered additional release conditions after prosecutors said the 33-year-old live-streamed recently had three interactions with Valley law enforcement over six days. Harvey ordered him to report any contact he has with law enforcement to the court and prohibited Gionet from having firearms or weapons.
Federal prosecutors have also sought to have Gionet confined to home detention and banned him from posting videos to social media.
A May 26 video on YouTube shows Gionet filming with two friends while riding in a car. He accuses one of attacking him and almost causing the car to crash on the freeway. The video is titled “Baked Alaska calls cops on his best friend (Part 1).”
He tells the Mesa police officers who arrive that his friend assaulted him and slapped him in the face. He debates whether to press charges but decides in the end he’d rather go home.
A second YouTube video, titled, “Baked Alaska calls cops on his best friend (Part 2),” show Gionet driving the two friends home. The friend, accused of assaulting him in the first video, demands he stop filming or he warns, “this is going to get ugly.” Gionet calls the police again and another set of officers arrive.
Prosecutors cited testimony videos as evidence that the federal court should impose stricter release conditions on the 33-year-old Arizona resident, who property records say lives in Queen Creek. They say the footage appears to show Gionet also threatening his friend, which would violate his release conditions.
Harvey, the federal judge, said Friday that Gionet did not violate his release conditions but came close to committing a crime. He called his conduct in the videos “concerning.”
Gionet was essentially baiting his friend, which led the friend to assault Gionet while they were inside a moving car, Harvey said.
“You knew what you were doing, putting the camera in his face,” Harvey said. “That’s dangerous conduct.”
Gionet’s attorney, Zachary Thornley, argued that a probation officer “grossly mischaracterized Mr. Gionet’s actions” in the May 26 videos and that he did not violate release conditions.
Thornley called the request from the probation department for stricter release conditions “asinine.”
He said the video was streamed to bring in revenue as Gionet has done through his long-established career.
“Like mainstream media, creating content is how he makes a living. Often what is streamed is scripted and much like comedy, the creative content cannot be take as real to life in every instance, Thornley wrote in his response to the court.
During Friday’s hearing in federal court, Thornley reiterated Gionet was the one who called police, that his conduct in the videos was not illegal.
“I really don’t know why we’re all here today,” he told the judge in closing.
Harvey responded, “We’ll, we’re all here today because your client recorded it and put it on YouTube.”
Gionet remains out of custody while he faces federal charges alleging he knowingly entered a restricted building without lawful authority and violent entry and disorderly conduct on U.S. Capitol grounds on Jan. 6. More than 400 people face charges related to the riot, which happened as Congress started to count Electoral College votes for the presidential election.
Thousands of supporters stormed the U.S. Capitol building that day, sending lawmakers scrambling for safety. Vice President Mike Pence had to be moved to a secure location.
The federal complaint against Gionet alleges he entered the U.S. Capitol between 2 and 4 p.m. on Jan. 6 and live-streamed video for 27 minutes on the DLive platform. He said he was documenting the event. The video was later posted on YouTube and Twitter, where the FBI viewed it.
The federal complaint alleges Gionet is repeatedly heard encouraging people not to leave. The video shows him entering a congressional office, sitting on a couch and placing his feet on a table.
At one point in the video, the complaint says he curses repeatedly at law enforcement, calling one officer an “oath breaker.”
Gionet’s attorney has argued in court records that Gionet was acting as a member of the press when he entered the U.S. Capitol, and he filmed.
“He did not arrive in Washington DC with an agenda other than to film what was taking place,” Thornley, his attorney, wrote in a response to the court in March.
He said video footage will shown that Gionet did not engage in violence and repeatedly told others not to break or vandalize anything. He said Gionet left the building when he was told to go.
Gionet started out as a rapper and was later a commentator for BuzzFeed, a news and entertainment website, before branching out to become a social-media personality known for live-streaming edgy, aggressive videos.
Originally from Alaska, he explained to Business Insider in 2017 that his catch nickname came about as a way to brand himself. He was working in the entertainment industry, and his boss called him “Alaska.”
“So I came up with ‘Baked Alaska’ because at the time I was a stoner. So I was like the baked kid from Alaska. And it’s also got a double meaning because it’s also a dessert.”
Gionet’s attorney said in court records his client was raised in a Christian family and attended a private Christian school. Until recently, he’s avoided scraps with law enforcement.
Besides the recent federal charges, Gionet has a pending case in Scottsdale City Court. He is accused of pepper spraying a Scottsdale bartender in the face in December and faces misdemeanor charges of assault, criminal trespassing and disorderly conduct. He said he acted in self-defense.
Prosecutors during Friday’s hearing also said Gionet has been banned from a Starbucks in Arizona for one year after he allegedly entered the business and played an offensive song. They did not give out the store’s location.
Gionet tells Mesa police in one of the May 26 videos that he is involved in a pending trial. The police officer asks what jurisdiction.
“D.C. The Capitol thing. Did you see that? I was there,” he says. “So I’m fighting that in court.”
January 19, 2023: Anchorage Daily News reported: “Far-Right web personality ‘Baked Alaska” gets 60 days in jail for role in Capitol riot.
A far-right Internet personality who streamed live video while he stormed the U.S. Capitol was sentenced on Tuesday to two months of imprisonment for joining the mob’s attack on the building.
Anthime Gionet, known as “Baked Alaska” to his social media followers, declined to address the court before U.S. District Judge Trevor McFadden sentenced him to 60 days behind bars followed by two years of probation. Gionet had faced a maximum six months of imprisonment.
Gionet incriminated himself and other rioters with the video that he streamed to a live audience of roughly 16,000 followers. The 27-minute video showed him encouraging rioters to stay in the Capitol.
“You did everything you could to publicize your misconduct,” the judge told Gionet. “You were there encouraging and participating fully in what was going on.”
Despite his guilty plea, Gionet said he didn’t think he was breaking the law on Jan. 6 and doesn’t regret being there.
“I have grown immense amounts,” he said outside the courthouse. “But I still hold firm that I was there because I believe the election was fraudulent, and I believe people should have a right to speak freely as long as they are being peaceful.”
Inside an office for Democratic Sen. Jeff Merkley, Gionet filmed himself picking up a telephone and pretending to report “a fraudulent election,” parroting former President Trump’s baseless claim that the 2020 election was stolen from him.
“We need to get our boy, Donald J. Trump, into office,” Gionet aded.
Genet joined others in chanting “Patriots are in control!” and “Whose house? Our house!” Before leaving, he profanely called a Capitol police officer an “oathbreaker.”
Gionet, 35, pleaded guilty in July to a misdemeanor count of parading, demonstrating, or picketing inside a Capitol building.
Prosecutors recommended sentencing Gionet to 75 days of incarceration, three years’ probation and 60 hours of community service.
Gionet worked at BuzzFeed before he used social media video to become an influential figure in far-right political circles. He was scheduled to speak at the white nationalist “Unite the Right” rally in 2017 before it erupted in violence on the streets of Charlottesville, Virginia.
U.S. District Judge Emmet Sullivan originally was scheduled to sentence Gionet. Sullivan withdrew from Gionet’s case and several others for reasons that aren’t specified in court filings, although he took “senior status” and retired from full-time duty nearly two years ago.
Gionet celebrated online when his case was reassigned to McFadden, a Trump nominee. On a live stream, Gionet praised McFadden as “a very awesome judge who is a pro-trump judge and one of the judges that let one of the guys off innocent in his trial.”
McFadden acquitted a New Mexico man, Matthew Martin, of riot-related charges in April 2022 after hearing trial testimony without a jury. Martin is the only Jan. 6 defendant who has been acquitted of all charges after a trial.
More than 900 people have been charged with federal crimes related to Jan. 6. Nearly 500 of them have pleaded guilty, mostly to misdemeanor offenses, and over 350 of them have been sentenced.
Federal authorities have used Gionet’s video to prosecute other rioters, including three men from New York City. Antonio Ferrigno, Francis Conner and Anton Lunyk pleaded guilty last year and were sentenced to home confinement. Gionet’s livestream shows them in Merkley’s office.
Defense attorney Zachary Thornley argued in a court filing that Gionet “never crossed the line from being a protester to a rioter.” Thornley described his client as “sort of a guerrellia journalist.”
“He was there to document. That’s what he does,” the lawyer told the judge.
Mainstream internet platforms, including Twitter, suspended Gionet’s accounts before Jan. 6. At the Capitol, he was live-streaming video using a fringe service called Live. He told authorities that viewers paid him $2,000 for his livestreams on Jan. 5 and Jan. 6.
Under Elon Musk’s ownership, Twitter has reinstated accounts belonging to Gionet and other far-right figures.
Gionet, who grew up in Anchorage, was arrested in Houston less than two weeks after the riot and jailed for five days. He moved from Arizona to Florida after his release.
McFadden also ordered Gionet to pay a $2,000 fine and $500 in restitution. The judge said the Jan. 6 riot was the “culmination of a pretty crime spree” by Gionet.
Gionet was sentenced to 30 days in jail for misdemeanor convictions stemming from a December 2020 encounter in which authorities say he shot pepper spray at an employee at a bar in Scottsdale, Arizona. Gionet was also convicted of criminal damage charge and fined $300 for damaging a Hanukkah display in December 2020 outside the Arizona Capitol.
McFadden noted that Gionet recorded his crimes to drum up social media followers and money.
“That is a very disturbing vocation, sir,” the judge told him.
“Without him going to prison, he won’t stop what he’s going,” Assistant U.S. Attorney Anthony Franks said.
Gionet initially balked at pleading guilty to the Jan. 6 charge during an earlier hearing. Sullivan refused to accept a guilty plea by Gionet in May after he professed his innocence at the start of what was scheduled to be a plea agreement hearing.
Before Gionet pleaded guilty in July, Thornley told Sullivan that a protester was outside Gionet’s Florida home and recording the virtual hearing over the telephone, a violation of court rules.
“Protesting what? the judge asked.
“I guess him as a person,” the defense lawyer replied.
