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

CNN reported on January 9, 2021, that 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.


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.

On 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.

…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 below1. 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…

Politico reported on January 12, 2021, that Aaron Mostofsky is the son of Brooklyn Supreme Court Judge Shlomo Mostofsky. According to Politico, Judge Mostofsky is a leader in Brooklyn’s conservative Orthodox community.

…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…

…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…

Politico reported that the complaint also charges that Aaron Mostofsky “posted photos and videos from inside the Capitol on his Instagram account.”.

ABC News reported on January 12, 2021, that 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…

According to ABC News, Aaron Mostofsky faces a maximum of 10 years in prison if convicted of the top charge, 18 USC 641, theft of government property.


The “QAnon Shaman”

There were plenty of news sites posting photos of the guy who has been referred to as the “QAnon Shaman”.

Some of those photos showed him wearing a fur hat that had animal tails and horns attached to it, brown pants, and no shirt. He had large tattoos on his torso. His face was painted in red, white, and blue.

On January 6, 2021, AZ Central posted an article titled: “Longtime Arizona QAnon supporter in horned helmet joins storming of U.S. Capitol”. It was written by Richard Ruelas, and includes a photo of the “QAnon Shaman” from Getty Images.

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….

On 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. From the Statement of Facts:

…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… of photographs posted on Twitter show this individual in the halls of Congress and standing on the dias 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.

On January 10, 2021, CBS News reported that Jake Angeli “was taken into custody Saturday, according to the Department of Justice.”

The release from the Department of Justice U.S. Attorney’s Office District of Columbia includes the following information:

…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…

AZ Central reported (on January 12, 2021): Angeli was charged with disorderly conduct, violent entry and illegally being on restricted spaces within the Capitol grounds. He was held over the weekend in an undisclosed location in Phoenix after turning himself in.

He had a court hearing on Monday, January 11, which was conducted by telephone from a quarantined portion of the detention facility where he was being held. Magistrate Judge Deborah Fine ordered him held until a hearing scheduled for Friday, where she would determine whether Angeli would face charges in Washington D.C. while in custody or out of custody.

The part of this case that has caught people’s attention has to do with organic food. Gerald Williams, the public defender of Jake Angeli, told the court that Angeli had not eaten since he had been taken into custody. Gerald Williams said Angeli had a restricted diet, but wasn’t sure if it was because of religious or health reasons.

On 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…

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, and impede 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….

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.

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, engaged 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 and disrupt 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…

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…

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…

On January 14, 2021, Newsweek reported (via MSN) that, though it had been widely reported that Judge Fine ordered Angeli be given an organic diet – that simply was not true.

…The affidavit states that Williams was “unsure” whether the restrictive diet was due to medical or religious reasons. There was also no mention of the nature of the restrictive diet, nor is it common for courts to ask about the nature of any request, which could include Kosher or diabetic requirements, due to privacy concerns.

“The Court did not order any specific diet for Mr. Chansley. The Court trusts that the United States Marshal and Mr. Chansley’s attorney have already or will communicate about the appropriate course of action regarding any legitimate dietary needs Mr. Chansley may have,” Fine wrote.

Fine ordered that the court takes no additional action at this time….

On January 15, 2021, CNBC posted an article titled: “QAnon ‘shaman’ Jacob Chansley held without bail after storming Senate during Capitol riot by Trump supporters.” It was written by Dan Mangan. From the article:

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…

…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…

…The bail filing also said that Chansley… 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…

…”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.”…

…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…

On January 29, Bloomberg reported that Jacob Chansely pleaded not guilty to a series of charges. From the article:

Jacob Chansely entered his plea Friday at an arraignment in federal court in Washington. He is facing charges of violent entry, disorderly conduct and obstruction of an official proceeding…

…His lawyer, Albert Watkins, has sought to portray Chansley as non-violent and truly spiritual. In court on Friday, Watkins called his client “a man of faith in shamanism, a longstanding faith.”

U.S. District Judge Royce Lambert seemed genuinely curious about Chansley’s spiritual convictions. “Tell me a little more about the religion,” the judge asked Watkins at one point. “I don’t know a thing about it.”

Watkins asked Lamberth to help ensure that Chansley receives organic food while in jail as he awaits trial. When he eats non-organic food, Watkins said, Chansley experiences a “debilitating” bacterial response, resulting in dehydration….

The Associated Press reported on February 5, 2021, that Jacob Chansley 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.

…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…

On February 9, 2021, ABC News posted an article titled: “‘Because President Trump said to’: Over a dozen Capitol rioters say they were following Trump’s guidance.” It was written by Olivia Rubin, Alexander Mallin and Alex Hosenball. From the article:

…At least one rioter said he is willing to testify during the impeachment trial about how Trump’s words resonated with him, according to his lawyer.

“He heard the words of the president. He believed them. He genuinely believed him,” Jacob Chansely’s lawyer, Al Watkins, told ABC News in an interview. “He thought the president was walking with him.”…

…Chansely pleaded not guilty to the charges against him, which include violent entry in a Capitol building and obstruction of an official proceeding…

On March 8, 2021, Hon. Royce C. Lamberth, United States District Judge for the District of Columbia released a Memorandum Opinion regarding Jacob Chansley. From the Memorandum Opinion:

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 fo 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….

…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 Robinshaw attempted to calm the rioters and move people out of the area, but defendant used his bullhorn to encourage the crowd… Defendant than 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 hem 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 not 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.”…

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 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…

On March 8, 2021, CNN posted an article titled: “‘QAnon shaman’ must remain in jail, judge rules”. It was written by Marshall Cohen and Katelyn Polantz. From the article:

A federal judge ruled Monday that the so-called “QAnon shamam” who was charged in the Capitol insurrection is too dangerous to release and must stay in jail while his case moves forward.

Judge Royce Lamberth said that Jacob Chansley was unrepentant and could plot further attacks against the US government if put on house arrest. He rebuked Chansley as having shown “a detachment from reality” by claiming his actions on January 6 were peaceful and harmless.

“Defendant characterizes himself as a peaceful person who was welcomed into the Capitol building on January 6th by police officers. The Court finds none of his many attempts to manipulate the evidence and minimize the seriousness of his actions persuasive,” Lamberth wrote.

Chansley had asked the judge to release him from jail in recent weeks, in a series of attention-grabbing moves from him and his lawyer. Lamberth’s decision on Monday rejected several of Chansley’s arguments but primarily hinged on the act that Chansley carried a spear on January 6…

…Chansley isn’t charged with attacking anyone, but the Justice Department has maintained that his behavior during the insurrection makes him too dangerous to release. He was a well-known figure in the QAnon conspiracy community — one of many QAnon believers who have been charged in the Capitol riot.

He has pleaded not guilty to a six-count indictment…


The Podium Guy

The internet has identified the item this man was carrying as a podium, but it actually is a lectern. It belonged to Speaker of the House Nancy Pelosi.

There were photos on social media of the man walking away with the lectern. He literally posed for the Getty photographer who snapped that photo. The man was wearing knit hat that said “TRUMP”.

On January 7, 2021, Bradenton Herald reported that the man was identified as Adam Christian Johnson, who is 36 years old. According to the article, he is a stay-at-home father, who makes and sells furniture, while his wife is a doctor in Palmetto. They have five children.

The Department of Justice U.S. Attorney’s Office District of Columbia included information about Adam Johnson:

…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…

The Tampa Bay Times reported on January 11, 2021, reported the following:

…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…

…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.”…

…His 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…

…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…

Tampa Bay Times reported that Speaker of the House Nancy Pelosi’s Lectern was later found undamaged inside the Capitol.

On January 12, 2021, CBS Atlanta reported that the U.S. Attorney’s Office in Tampa confirmed that Adam Johnson was released on a $25,000 bond after being arrested and booked into the Pinellas County Jail on Friday.

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.

Adam Johnson bonded out of jail and faces a daily curfew from 9pm to 6am. His travel is restricted to Florida and Washington D.C. for court matters and he was ordered to surrender all firearms and dangerous weapons.


The “Baked Alaska” Guy

On January 6, 2021, The New York Times posted an article titled: “Pro-Trump Mob Livestreamed Its Rampage, and Made Money Doing It”. It was written by Kellen Browing and Taylor Lorenz. From the article:

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….

BuzzFeed News posted an article (on January 16, 2021) titled: “Far-Right Troll “Baked Alaska” Has Been Arrested Over The Coup Attempt At The Capitol”. It was written by Julia Reinstein.

The article states: 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.

BuzzFeed News also reported:

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.

The article includes a link to a criminal complaint that was obtained by BuzzFeed News. The complaint was written by a Special Agent of the FBI. From the complaint:

…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.

In the video, the defendant and the individuals he is with be can seen in the United States Capitol Building and can be heard chanting, “Patriots are in control,” “whose house? Our house,” and “traitors, traitors, traitors….” 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. 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. 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.

Nathan Bernard, who writes about Maine for the Mainer News Scoop, tweeted a screenshot that shows Baked Alaska and Nick Fuentes livestreaming themselves from Speaker of the House Nancy Pelosi’s office.

On January 16, 2021, The Associated Press reported that Tim Gionet had been arrested by the FBI for his involvement in the riot at the U.S. Capitol.

The article from The Associated Press references an interview that Gionet had with Business Insider: 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.”


West Virginia State Lawmaker Derrick Evans

On January 8, 2021, CBS News posted an article titled “West Virginia lawmaker Derrick Evans faces federal charges in Capitol siege”. It was written by Erin Donaghue.

A West Virginia state lawmaker who filmed himself storming into the U.S. Capitol along with a mob of supporters of President Donald Trump is now facing federal charges, the U.S. District Attorney’s office for the District of Columbia said Friday.

West Virginia State Delegate Derrick Evans is charged with entering a restricted area, Ken Kohl, principal assistant U.S. Attorney for D.C., said on a press call…

…Evans, a newly elected Republican lawmaker, is facing bipartisan calls for his resignation. But Evans’ lawyer told CBS affiliate WVNS-TV that he would not step down and he “committed no criminal act that day.”…

The Department of Justice U.S. Attorney’s Office District of Columbia posted information about West Virginia Delegate Derrick Evans on January 9, 2021.

…Derrick Evans, 35, of West Virginia, was charged with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority; and one count of violent entry and disorderly conduct on Capitol Grounds. Evans was taken into custody Friday.

It is alleged that on Jan. 6, 2021, Evans, a recently elected member of the West Virginia House of Delegates, streamed live to his Facebook page a video of himself joining and encouraging a crowd unlawfully entering the U.S. Capitol. In the video, Evans is allegedly seen crossing the threshold of the doorway into the U.S. Capitol and shouting “We’re in, we’re in! Derrick Evans is in the Capitol!”…

The same CBS News article posted some information that came from the video that Derrick Evans recorded. It also mentions other related things that Derrick Evans posted online. The information came from a criminal complaint.

  • At the beginning of the video… Evans is seen with a crowd outside a closed 12-foot door yelling “Open the door!” and “Our house!” before the crowd is able to pry it open. Evans is seen entering the building with the crowd and yelling, “We’re in!” and “Let’s go, keep it moving, baby!”
  • Once inside…Evans is seen apparently fist-bumping a Capitol police officer saying, “We still respect you, all right? He later yells, “No vandalizing property!”
  • On December 28, 2020, Derrick Evans posted a meme to his Facebook account with the text “Fight for Trump. January 6. We’re comin’,” and the caption “Anyone else going to D.C. on Jan. 6?”
  • The complaint says on January 6, Evans posted a video of himself in a crowd outside the Capitol, saying, “They’re making an announcement right now saying that if Pence betrays us, you better get your mind right because we are storming that building.” He then laughs and says, “I’m just the messenger, so don’t be hating on me. I’m telling you what I’m hearing right now on the ground.”

CBS News reported that the complaint notes that on his Facebook page, Evans identifies himself as a political candidate, and not a member of the media.

This is significant because CBS News reported the following:

…Evans, a vocal conservative activist with more than 30,000 followers on Facebook, has not publicly posted on social media since issuing a Statement Wednesday that he attended the events as an “independent member of the media to film history.” He took his Twitter account private late Wednesday and didn’t respond to emailed questions…

On January 9, 2020, Derrick Evans wrote a very brief resignation letter. It was written to The Honorable Jim Justice, Governor, State of West Virginia. The resignation letter said:

Dear Governor Justice,

I hereby resign as a member of the West Virginia House of Delegates, effective immediately.

Sincerely,

Delegate Derrick Evans – 19th District

WTRF.com reported on January 9, 2021, a statement made by Derrick Evans (R-Wayne).

“The past few days have certainly been a difficult time for my family, colleagues and myself, so I feel it’s best at this point to resign my seat in the House and focus on my personal situation and those I love.

“I take full responsibility for my actions, and deeply regret any hurt, pain or embarrassment I may have caused my family, friends, constituents and fellow West Virginians. I hope this action I take today can remove any cloud of distraction from the State Legislature, so my colleagues can get to work in earnest building a brighter future for our state. And more importantly, I hope it helps to begin the healing process, so we can all move forward and come together as ‘One Nation, Under God.'”

BuzzFeed News reported on January 9, 2021, that Derrick Evans was taken into custody on Friday, according to the Department of Justice.


The Yellow Sweatshirt Guy

You may have seen a photo on social media that was taken inside the Capitol. It features the guy who wore his work lanyard, the “QAnon Shaman”, and a guy in a yellow sweatshirt.

On January 12, 2021, ABC 6 WATE.com posted an article titled: “Auburn man in Federal custody following U.S. Capitol Riot.” It was written by Elizabeth White.

An east Alabama man who investigators say violated his bond in Lee County, Alabama, by traveling to Washington to participate in the violent riot at the U.S. Capitol is in federal custody after agents located him at an Auburn home.

23-year-old William Watson of Auburn is believed to be the bearded man in the tan sweatshirt in an image released by Metropolitan Police Department. Watson is wanted in a joint effort by the U.S. Secret Service and FBI as investigators continue locating and investigating individuals in a mob of President Donald Trump supporters who stormed the U.S. Capitol as lawmakers worked to certify President-elect Joe Biden’s victory…

…Watson was taken into custody without incident around 1:45 Monday afternoon at a home along Samantha Court in Auburn, Alabama. Federal authorities and Auburn police were present when Watson was led from the house in handcuffs after a Lee County Judge revoked his bond on prior drug charges. Watson is now in Federal custody.

News 3 confirmed Watson was arrested by Auburn back on July 2 on drug charges, including Trafficking in Marijuana and LSD and Drug Possession, and released on a $103,000 bond. Watson’s bond was revoked Monday morning after a Lee County Judge approved the Lee County District Attorney’s Office Motion…

On January 21, 2021, AL.com posted an article titled: “William Watson, Alabama man shown with ‘QAnon Shaman,’ says he was directed by radio host Alex Jones”. It was written by Carol Robinson. From the article:

…William Wright Watson, 23, has been charged federally for his actions on Jan. 6 in D.C. The criminal complaint against him was filed on Jan. 17 in United States District Court. Among the charges are violent entry and civil disorder…

…Court documents made public this week chronicle Watson’s events of that day as told to FBI Special Agent Matthew Minshew in interviews with Watson, who violated his state bond by traveling to D.C.

Watson told Federal agents he went to D.C. on Jan. 5. He said he and a friend left Auburn about 7 p.m. and drove through the night, arriving in D.C. about 6:30 a.m. He went to “support the patriots, support Trump, support freedom.”…

…After arriving in Washington, Watson said he was in an area south of the White House when he saw others walking toward the Capitol and began to follow them. He worked his way to the front of the crowd at the state which had been set up on the west side of the Capitol for the upcoming presidential inauguration.

He said he was directed by a radio show host – Alex Jones – who operates the website InfoWars – to meet at the Capitol at 1 p.m. He said he didn’t bring anything with him except a bottle of water. Watson told the agent he had a taser but had left it in the car…

…He approached the Capitol and then began banging on windows “trying to get people to hear me,” he said. He eventually entered the building through a broken window…

…A search warrant of Watson’s home turned up a yellow sweatshirt matching photographs taken of Watson inside the Capitol. Watson is standing with Jake Angeli, the so-called “QAnon Shaman,” widely seen in photos of the breach…

…Watson remains held in the Lee County Detention Center.

The Truck Full of Weapons Guy

The Montgomery Advisor reported on January 12, 2021, an alarming article that provided details of the weapons and explosives that a man had in his truck The article was written by Melissa Brown and Brian Lyman. From the article:

An Alabama man who parked a truck filled with Molotov cocktails and a cache of firearms just blocks from the U.S. Capitol last week had “concerning” handwritten notes that named an Obama-appointed federal judge a “bad guy,” singled out a Muslim representative and listed contact information for conservative media personalities, according to court records. 

The materials were unsealed Tuesday in the federal case against Lonnie Coffman, who was formally indicted on 17 separate weapons charges after his Jan. 6 arrest. Prosecutors included photos of his various weapons and handwritten notes in a motion for pre-trial detention, arguing the “handwritten messages raise alarm in the context of the Jan. 6 rioting and criminal infringement on our nation’s democratic process.”

Coffman, 70, was arrested just blocks from the U.S. Capitol on Jan. 6 in the aftermath of a chaotic pro-Trump rally that descended into a riot and deadly insurrection inside the halls of Congress. 

“The Molotov cocktail components were created so as to be particularly lethal, with a napalm substance inside that would stick to the target and continue to burn,” prosecutors wrote in a detention motion. “The defendant had hundreds of rounds of ammunition, each of which could cost a human life. The pickup truck was parked in close proximity to the U.S. Capitol Building. And the handwritten messages in the defendant’s pickup truck raise grave concerns about his intentions, and suggest that these weapons were intended to be used in an effort to violently attack our elected representatives.”

Prosecutors allege Coffman had five illegal firearms in addition to the Molotov cocktails and a “large capacity ammo feeding device.”

All 17 charges relate to the weapons, including possession of an unregistered firearm, carrying a pistol without a license, carrying a rifle or shotgun outside of a home or place of business, possession of a large ammunition feeding device and unlawful possession of ammunition. 

Coffman was not charged with illegally entering a federal building or civil disorder, as others arrested in Jan. 6 and accused of participating directly in the riot inside the Capitol have been in Tuesday indictments…

…Police said they found Coffman’s truck, parked on a block behind the Cannon House Office Building and the Library of Congress, in a bomb squad sweep related to a separate pipe bomb scare in the area. An officer flagged the red pickup after spotting the handle of a gun in the cab…

Investigators believe Coffman parked the truck around 9:15 a.m. and left the vehicle, based on surveillance footage cited in court record. 

Authorities responded to the area shortly before 1 p.m., after reports of possible bombs at the Democratic National Committee Headquarters and the National Republican Club, which are located within a three-block area. U.S. Capitol police established a perimeter of the area, which happened to encompass Coffman’s vehicle. 

While sweeping the area, two U.S. Capitol police officers spotted what appeared to be a handle of a gun in the truck. Police ran the Alabama plates and found the truck was registered to Coffman.

Around 6:30 p.m., a woman drove Coffman up to the 400 block of First Street Southeast, a block away from Coffman’s truck. Coffman told officers at the scene he was trying to get back to his parked vehicle. 

“The man asked officers whether they had located the bombs, which officers initially understood to be a reference to the components to the destructive devices located in Coffman’s truck, but later understood to be a reference to the secure perimeter that had been set up by law enforcement, which perimeter had kept Coffman from returning to his car earlier,” the affidavit states. 

Coffman allegedly identified himself and his truck… 

On January 15, 2021, CNN updated an article titled: “Key arrests so far from the Capitol Riot”. It was written by Katelyn Polantz and Marshall Cohen. From the article:

Prosecutors say Coffman, of Falkville, Alabama, was arrested after authorities found 11 homemade bombs, an assault rifle, and a handgun in his truck parked two blocks from the Capitol during the riot.

A grand jury indicted him January 11 on 17 criminal counts, including a federal charge of unlawful possession of a destructive device. It also included charges alleging he possessed ammunition, unregistered firearms without a license in violation of District of Columbia laws.

Coffman had parked his pickup truck on the morning of January 6 near the National Republican Club, a block from the US Capitol, according to court documents. Capitol police started searching the truck after seeing a firearm handle in a passenger seat, the documents say.

Inside the truck were 11 Mason jars with liquid, with a hole punched in the top of each; lighters and rags; several weapons including a handgun, an assault-style rifle, a shotgun, a crossbow with bolts, a stun gun and several machetes; several large-capacity ammunition feeding devices; and hundreds of rounds of ammunition, according to a memorandum that prosecutors filed January 12 in support of his detention.

When police found and searched him about a block away after dusk, Coffman was carrying a 9 mm handgun and a .22-caliber derringer-style pistol in each of his front pockets, a police complaint said. None of the weapons found in his truck or on his person were registered to him.

Investigators also found handwritten notes in Coffman’s truck that included a quote about the need “to overthrow the men who pervert the Constitution,” according to court records.

The notes also included the names of a Democratic member of Congress that he singled out for being Muslim, and an Obama-appointed judge. The handwritten notes also contained references to right-wing conspiracy websites, according to the records.

Prosecutors have not accused Coffman of participating in the attack on the Capitol building. His lawyer, Tony Miles, said at a hearing on January 12 that Coffman was “innocent” of the charges and questioned the strength of the case. He noted that Coffman was an Army veteran who fought in Vietnam.

A federal judge ruled January 12 that Coffman would remain in jail while he awaits trial on the weapons charges…

On January 27, 2021, Montgomery Advertiser posted a second article titled: “Feds seize electronics in Lonnie Coffman case as D.C. Molotov cocktail investigation continues”. It was written by Melissa Brown. From the article:

Federal law enforcement have seized electronic devices in an ongoing investigation of Lonnie Coffman, the Alabamian charged with possession of weapons and Molotov cocktails near the Jan. 6 U.S. Capitol insurrection. 

The electronics are currently being analyzed, the Department of Justice’s lead attorney on the case said in a virtual court hearing on Wednesday, a day after federal authorities searched Coffman’s Falkville, Alabama, home

Tony Miles, Coffman’s court-appointed public defender, said COVID-19 restrictions had made communication difficult with his clients, which Judge Colleen Kollar-Kotelly tried to help Miles navigate at the end of the hearing. Coffman participated in the hearing virtually from jail but answered only two brief procedural questions from Kollar-Kotelly…

…Kollar-Kotelly on Wednesday questioned the attorneys on discovery in the case. Assistant U.S. Attorney Michael Friedman said the DOJ has turned over discovery related to the materials found in Coffman’s truck and information he gave law enforcement on the scene, when Coffman attempted to return to his truck. 

Friedman said once Coffman was detained for questioning at the police station, he invoked his Miranda rights after answering a few preliminary questions. 

Coffman is due back in court in six weeks. 

A magistrate judge ordered Coffman remain behind bars pending trial. Coffman had requested release to return to Alabama, arguing he is a retired veteran who has never been convicted of a crime. Coffman also argued there is no current DNA or fingerprint evidence directly linking him to the weapons found in his truck to him. 

But the judge found the prosecution’s evidence strong, writing in a pre-trial order that Coffman admitted on the scene that the truck was his, he had the keys to the truck on him, and the truck was registered in his name… 

 A copy of the United States of America v. Lonnie Leroy Coffman case is embedded into the Montgomery Advertiser article. It provides details on the weapons Lonnie Leroy Coffman had in his truck, and the seventeen charges he faces.


The Trump Boat Parade Woman

BuzzFeed News reported on January 7, 2021, that one of the organizers of the Trump boat parade that sank a family’s boat in Portland Oregon, in August was arrested Wednesday in the attempted coup on the capitol.

…Kristina Malimon, 28, was arrested on charges of unlawful entry and violating curfew. Her mother, Yevgeniya Malimon, 54, was also arrested on the same charges.

Malimon is the vice chair for the Young Republicans of Oregon. According to her bio on the organization’s website, she is also an ambassador to Turning Point USA and Liberty University’s pro-Trump think tank, the Falkirk Center. She is also listed as a delegate for the Multnomah County Republican Party.

Malimon is extremely active on pro-Trump social media and has more than 25,000 followers on her Instagram, where she has pushed right-wing conspiracy theories and lies about the election. She has posed for photos with many pro-Trump figures, including Roger Stone and Candace Owens, as well as South Dakota Gov. Kristi Noem.

Malimon speaks Russian and she and her family have links to Moldova, but there is no evidence to support unfounded claims by well-known conspiracy theorists that she and her mother are Russian nationals…

…Her Instagram story shows she was at the rally outside the White House on Wednesday morning, where Trump spoke mere hours before many in the crowd violently stormed the Capitol….

On January 9, 2021, The Hill posted an article titled: “Vice chair of Oregon Young Republicans group among those arrested at Capitol”. It was written by Celine Castronuovo. From the article:

The vice chairwoman of the Young Republicans of Oregon was among those arrested amid the chaos at the Capitol on Wednesday, when a mob of pro-Trump rioters stormed the building.

The Oregon division of the Young Republican National Federation confirmed 28-year-old Kristina Malimon’s arrest in a Friday statement posted on the group’s Facebook page. …

…Malimon, who posted videos on her Instagram account from President Trump’s rally ahead of the riots, was charged by Washington, D.C., police with unlawful entry and curfew violation, according to Metropolitan Police Department arrest data

OregonLive noted that a statement from a police officer filed in the District of Columbia Superior Court said that Malimon and five others were taken into custody as they remained on the grounds of the Capitol an hour after a citywide curfew took effect. Officers reportedly broadcast a warning that demonstrators would be arrested if they did not vacate the area.

Police records indicated that Malimon’s mother, Yevgeniya Malimon, was also arrested Wednesday evening, with ABC News reporting that the older Malimon required a Russian-language interpreter at her arraignment Thursday. 

Yevgeniya Malimon reportedly denied the allegations against her in Thursday’s hearing, saying through her court-appointed interpreter, “I’m not sure what unlawful entry you are talking about; I didn’t enter anything.”…

…The younger Malimon, who earlier this week urged her Instagram followers to attend Wednesday’s rally to “fight for our BEST President,” claimed last month to have witnessed voting irregularities while volunteering as an election monitor in Georgia, The Washington Post reported….


The Guy with his Feet on a Desk

You may have seen a photo on social media of a man in Speaker of the House Nancy Pelosi’s office on the day of the insurrection. He is sitting in her chair and has put one of his feet on her desk. The man looks directly into the camera and is shrugging.

On January 7, 2021, an affiant of the Capitol Police Department wrote a Statement of Facts for U.S. Magistrate Judge G. Michael Harvey. From the Statement of Facts:

On January 6, 2021, your affiant, Special Agent… of the Capitol Police Department, was on duty and performing my official duties as an Officer in the United States Capitol Police. Specifically, I was detailed and deployed in the surrounding area of the United States Capitol building to provide protective functions for members of Congress and their staff. As a Special Agent in 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.

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. Specifically, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the 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…

…At approximately 2:00 p.m., certain individuals in the crowd forced their 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. Captiol 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, at approximately 2:15 p.m., individuals in the crowd forced entry in to the U.S. Capitol, including by breaking windows. Shortly thereafter, 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 approximately 8:00 p.m.

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.

In the course of my duties, I learned that an individual entered the restricted office area of the Speaker of the House of Representatives Nancy Pelosi and took photographs with his feet propped up on furniture. Those photos were circulated on numerous news media platforms which identified the individual as RICHARD BARNETT of Gravette, Arkansas. Capitol Police searched law enforcement databases including Department of Motor Vehicle records and obtained a photograph and biographical information for BARNETT. These records confirmed that the individual in the news photographs did in fact appear to be RICHARD BARNETT of Gravette, Arkansas…

The photos circulated by news media depict BARNETT in and around U.S. Capitol property. One photo shows BARNETT seated inside of Nancy Pelosi’s office with his feet propped on a desk with an America flag lying on an adjacent credenza. BARNETT is wearing a hat, plaid jacket, blue jeans, and brown boots in the photo. Another photo depicts BARNETT seated holding an envelope in his left hand addressed to The Honorable Billy Long 2453 Rayburn House Office Building Washington, D.C. 20515 and a digital signature of Nancy Pelosi. In another photo, an individual whose face is blocked by a flag but appears to be BARNETT based on his clothing is seated at a different desk with his feet propped holding an American flag and a cell phone. Another unidentified individual in a brown jacket is sitting next to him on a couch.

Video surveillance from a camera positioned outside of the Speaker’s main office door captures individuals entering and exiting the office. At approximately 2:30 p.m., several unidentified individuals appear to try the door to the office however the door is locked. At approximately 2:33 p.m. an unidentified individual pushes in the door to the office. At 2:50 p.m. BARNETT is captured on surveillance video carrying an American flag and a cellular phone while entering the doors which lead to the Speaker’s conference room adjoining the main office space. As he is entering it, he is following behind the unidentified individual in the brown jacket. At 2:56 p.m. BARNETT is captured leaving the main office doors of the Speaker’s office space with only a phone in his hand.

On the same date, BARNETT spoke to media outlets in a video recording. In the recording, BARNETT is wearing the same hat and plaid jacket as worn inside of the Speaker’s office except that BARNETT appears to have removed his shirt. BARNETT is asked by a person off camera how BARNETT obtained an envelope he is holding, which was addressed to The Honorable Billy Long 2453 Rayburn House Office Building Washington, D.C. 20515 with a return address of Office of the Speaker U.S. House of Representatives Washington, D.C. 20515 and a digital signature of Nancy Pelosi. BARNETT states “I did not steal it. I bled on it because they were macing me and I couldn’t fucking see so I figured I am in her office. I got blood on her office. I put a quarter on her desk even though she ain’t fucking worth it. And I left her a note on her desk that says “Nancy, Bigo was here, you Bitch.”

In another photograph which appears to be taken outside on Capitol grounds, BARNETT is depicted holding the envelope he purported to have taken from Speaker Pelosi’s office. Based on the writing on the envelope, the envelope appears to be the same envelope BARNETT was photographed holding inside of the office building.

Based on the foregoing, your affiant submits that there is probable cause to believe that BARNETT violated 18 U.S.C. § 1752(a), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; or (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 the Secret Service 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 also submits that there is probable cause to believe that BARNETT violated 40 U.S.C. §5104(e)(2)(C), (D), and (G), which makes it a crime to willfully and knowingly (C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of – (i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or (ii) the Library of Congress; (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Ground 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; or (G) parade, demonstrate, or picket in any of the Capitol Buildings.

Furthermore, your affiant submits, there is probable cause to believe that BARNETT also violated 18 U.S.C. § 641, which makes it a crime to steal or purloin . .. , a thing of value of the United States or of any department or agency thereof or any prope1ty made …for the United States or any department or agency thereof . . . ” For purposes of this section, the word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

ABC News posted an article on January 9, 2021, titled: “Richard Barnett, Trump supporter who allegedly broke into Pelosi’s office, charged with 3 federal counts”. It was written by Alexander Mallin. From the article:

Richard Barnett, the man who allegedly broke into House Speaker Nancy Pelosi’s office, posed for pictures and stole mail from her desk was arrested in Little Rock, Arkansas, and has been charged with three federal counts.

Barnett allegedly entered the restricted office area and took photographs with his feet propped up on furniture, according to a criminal complaint filed in U.S. District Court in Washington D.C.

Barnett, who goes by the name “Bigo,” was captured in news media photographs and took an envelope off Pelosi’s desk addressed to Rep. Billy Long, R-Mo., the complaint says.

Saul Loeb, a staff photographer at Agence France Presse, was the one who snapped the now-infamous photograph of Barnett behind the desk in Pelosi’s office…

CNN updated an article titled: “Capitol riot dilemma: Which rioters should stay behind bars before trial?” It was updated on January 23, 2020. It was written by Katelyn Polantz. From the article:

…In Fayetteville, Arkansas, Magistrate Judge Erin Wiederman decided to release Richard Barnett, who was photographed with his feet on a desk in the House Speaker Nancy Pelosi’s office and carried a stun gun in the crowd at the Capitol. “It certainly turned into a very volatile situation on Capitol grounds that wasn’t just created by Mr. Barnett, but many, many other individuals in a sort of a mob mentality,” Wiedermann said during Barnett’s detention hearing. She ruled for releasing Barnett, putting him on 24-hour-a-day lockdown at home and ordering him to avoid all contact with others in the riot…

Bloomberg reported, on January 29, 2021, that Richard Barnett had a bail hearing which was presided over by U.S. District Judge Beryl Howard. From the article:

…U.S. Judge Beryl Howard on Thursday excoriated Richard Barnett, a 60-year-old from Arkansas who was photographed with his feet on a desk in House Speaker Nancy Pelosi’s office, ordering him to remain in custody.

“We’re still living here in D.C. with the consequences of the violence in which this defendant is alleged to have participated,” the judge said. “I can still see heavily armed National Guard troops patrolling from my window.”…

On January 29, 2021, an Indictment by a Grand Jury in the United States District Court for the District of Columbia was released. From the Indictment:

The Grand Jury charges that:

COUNT ONE: On or about January 6, 2021, within the District of Columbia and elsewhere, RICHARD BARNETT 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. (Obstruction of an Official Proceeding and Aiding and Abetting, in violaton 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, Richard Barnett, 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, and, during in relation to the offence, did use and carry a deadly and dangerous weapon, that is, a ZAP Hike N Strike Stun Gun Walking Stick. (Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon, in violation of Title 18, United States Code, Section 1752(a)(1) and (b)(1)(A))

COUNT THREE: On or about January 6, 2021, within the District of Columbia, RICHARD BARNETT, did knowingly and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, 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, when and so that such conduct did in fact impede and disrupt the orderly conduct of Government business and official functions, and, during and in relation to offense, did use and carry a deadly and dangerous weapon, that is, a ZAP Hike N Strike Stun Gun Walking Stick. (Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon, in violation of Title 18, United States Code, Section 1752(a)(2) and (b)(1)(A))

COUNT FOUR: On or about January 6, 2021, within the District of Columbia, RICHARD BARNETT, willfully and knowingly, and with the intent to disrupt the orderly conduct of official business, entered and remained in a room in any of the Capitol Buildings set aside and designated for the use of either House of Congress and a Member, committee, officer, and employee of Congress, and either House of Congress, and the Library of Congress, without authorization to do so. (Entering and Remaining in Certain Rooms in the Capitol Building, in violation of Title 40, United States Code, Section 5104(e)(2)(C))

COUNT FIVE: On or about January 6, 2021, within the District of Columbia, RICHARD BARNETT, willfully and knowingly engaged in disorderly and disruptive conduct in any of the Capitol 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 of 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 SIX: On or about January 6, 2021, within the District of Columbia, RICHARD BARNETT, 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))

COUNT SEVEN: On or about January 6, 2021, within the District of Columbia, RICHARD BARNETT, did embezzle, steal, purloin, knowingly convert to his use and the use of another, and without authority, sell, convey and dispose of any record, voucher, money and thing of value of the United States and any department thereof, that is, an envelope, which has a value of less than $1,000. (Theft of Government Property, in violation of Title 18, United States Code, Section 641)…

On March 4, 2021, Region 8 News (via MSN) posted an article titled: “Report: Richard Barnett remains jailed, yells during court – ‘I’ve been here a long time. It’s not fair”. From the article:

A Northwest Arkansas man arrested in the aftermath of the Jan. 6 U.S. Capitol riots will remain jailed as a May 4 status hearing was set in his case.

According to a report from content partner KNWA, Richard Barnett appeared before federal judge Christopher R. Cooper Thursday.

KWNA reported that Barnett called in from jail for the hearing, with the judge suggesting the May 4 continuance in the case.

However, the suggestion did not go over well with Barnett, KNWA reported.

“I’ve been here a long time… another month… It’s not fair,” Barnett could be heard telling the court about the suggested May date, according to KNWA. “You’re letting everyone else out… I need help.” he yelled.

Officials also said that Barnett’s attorney can make a bail application request in the case, KNWA reported.

Barnett has pleaded not guilty in the case…

…According to ABC News, Richard Barnett appeared before Chief Judge Beryl Howell in January for an intitial hearing. In the hearing, Judge Howell said the evidence in the case was “overwhelming: and that Barnett had been “brazen, entitled, dangerous” in the days after the riots.

“I don’t know how smart Mr. Barnett is, but he’s certainly a braggart, Judge Howell said, according to ABC News.

During the hearing Thursday, Barnett’s attorney had asked Howell to allow Barnett to return to Arkansas and release him to home confinement.

Barnett also told the judge, “I am a good man,” ABC News reported…

…Prosecutors charged Barnett with:

Knowing entering a restricted building or grounds with a weapon (stun gun), which can lead to up to ten years imprisonment and a $250,000 fine.

Violent entry and disorderly conduct on Capitol grounds, which carries up to six months imprisonment and a $5,000 fine.

Theft of public property, up to one year in prison and a $100,000 fine.

Barnett faces 11 years, six months in federal prison, and a $355,000 fine if convicted of all charges.

On April 6, 2021, New York Post posted an article titled: “Lawyers for Capitol rioter who invaded Pelosi’s office: ‘Give peace a chance’. From the article:

Lawyers for a US Capitol rioter accused of carrying a stun-gun as he stormed into House Speaker Nancy Pelosi’s office during the Jan. 6 invasion implored a federal judge to give “peace” a chance by releasing the suspect from jail.

In a rambling, 46-page filed Monday in the US District Court for Washington, DC, attorneys for Richard “Bigo” Barnett involved the phrase in an apparent nod to John Lennon’s 1969 anti-war anthem, “Give Peace a Chance.”

“Peace is no longer given a chance,” the brief read in part. “Common ground is out of sight. Our Constitution – an inspired document, drafted during times like these, foreseeing times like these – can only save us.”

But that was not all that Barnett’s lawyers, Joseph McBride and Steven Metcalf II, were saying in the “preamble” of their brief, which asked that Barnett be freed, if not on his own recognizance, at least into the supervisory custody of his wife with his agreement that he wear a monitoring device…

…Barnett’s lawyers also denied he broke into Pelosi’s office, saying their client was merely “looking for a restroom” when he and reporters “wandered” into the speaker’s room…

Barnett also claims a reporter “invited Richard to take a picture at the Speaker’s desk, and told Richard ‘act natural,” according to the documents…


The Beverly Hills Salon Owner Woman

Gina Bisigano is the owner of Gina’s Eyelashes And Skincare. According to CBS 9 Los Angeles, she (and two others) were arrested for participating in the Capitol riots. CBS 9 Los Angeles posted an article about this on January 19, 2021.

…Gina Bisignano, 52, was taken into custody by FBI agents around 7 a.m. Tuesday at her apartment….FBI Laura Eimiller confirmed to CBSLA.

The FBI, with the help of Beverly Hills police, also arrested 37-year-old John Strand and 55-year-old Simone Gold on Monday. Their charges were not immediately available.

All three made their first federal court appearances Tuesday. Bisignano is charged with civil disorder, destruction of government property, and aiding and abetting.

She was ordered released on a $170,000 bond and is subject to home detention. A preliminary hearing was set in her case on Feb. 4 in Los Angeles.

A $20,000 bond was set for Strand, but he will remain in custody until a surety is approved. Once released, Strand also will be subject to home detention. Gold was released on a $15,000 bond and is also subject to home detention. Her next court appearance is a virtual hearing with the District of Columbia on Thursday…

According to CBSLA, Gina Bisignano “confirmed to the Beverly Hills Courier that she traveled to Washington D.C., where she found herself among the mob who stormed the Capitol building on Jan. 6.”

The CBSLA article continued: “In a cell phone video obtained by the Courier, a woman believed to be Bisignano holds a megaphone on a ledge of the Capitol and yells, “Everybody, we need gas masks, we need weapons. We need strong, angry patriots to help our boys, they don’t want to leave. We need protection.”…

On February 8, 2021, Politico posted an article titled: “California salon owner charged in Capitol riot lingers in L.A. jail”. It was written by Josh Gerstein. From the article:

A Beverly Hills salon owner charged for her involvement in the Capitol riot apparently fell through the cracks following her arrest in Los Angeles last month and has lingered in jail there for more than two weeks despite a judge’s order that she be promptly moved to Washington for further hearings, a prosecutor said Monday.

Gina Bisignano, 52, was arrested on January 19 on charges including interfering with police during civil disorder, obstruction of an official proceeding and aiding in the destruction of government property…

…Bisignano appeared in federal court in Los Angeles the same day as her arrest last month. A federal magistrate judge there ordered her pretrial release over the prosecutors and declined to stay the decision to allow an appeal.

Prosecutors quickly appealed and won an order from Chief U.S. District Court Judge Beryl Howell temporarily blocking the magistrate’s release order and instructing that Bisignano be transported to Washington for a hearing on the government’s appeal seeking to keep her behind bars.

However, Bisignano – owner of Gina’s Eyelashes and Skin Care – had already been released. When she returned to the L.A. courthouse the next day, she was arrested…

…At a hearing Monday, before Washington-based judge assigned to Bisignano’s case, Assistant U.S. Attorney Kimberly Paschall acknowledged the foul-up…

…Bisignano’s lawyer, Charles Peruto of Philadelphia, asked if his client could be released and allowed to travel to D.C. on her own, rather than go “from bus to bus to bus” in the custody of federal marshals..

Paschall said the government’s preference was that Bisignano remain in custody until the appeal of the magistrate’s release order is decided. That is now a matter for [Judge Carl] Nichols to take up…


The Anti-Vax Doctor and the Anti-Lockdown Guy

On January 8, 2021, the United States District Court For the District of Columbia swore in a Grand Jury for a case called United States of America v. John Herbert Strand and Simone Melissa Gold. From the Indictment:

The Grand Jury charges that:

COUNT ONE

On or about January 6, 2021, within the District of Columbia and elsewhere, JOHN HERBERT STRAND and SIMONE MELISSA GOLD, attemptd 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 committing an act of civil disorder and engaging in disorderly and disruptive conduct…

…COUNT TWO

On or about January 6, 2021, within the District of Columbia, JOHN HERBERT STRAND and SIMONE MELISSA GOLD, did unlawfully and knowingly enter and remain in a restricted building and grounds, that is, any posted, cordoned-off, or 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…

…COUNT THREE

On or about January 6, 2021, within the District of Columbia, JOHN HERBERT STRAND and SIMONE MELISSA GOLD, did knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, a restricted building and grounds, that is, any posted, cordoned-off, or 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…

…COUNT FOUR

On or about January 6, 2021, within the District of Columbia, JOHN HERBERT STRAND and SIMONE MELISSA GOLD, willfully and knowingly engaged in disorderly and disruptive conduct in any of the Capitol 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 before or any deliberation of, a committee of Congress of either House of Congress…

…COUNT FIVE

On or about January 6, 2021, within the District of Columbia, JOHN HERBERT STRAND and SIMONE MELISSA GOLD, willfully and knowingly paraded, demonstrated, and picketed in any United States Capitol Building…

On January 13, 2021, an Affidavit in Support of Criminal Complaint and Arrest Warrant was written by a Special Agent of the FBI. It was written for U.S. Magistrate Judge Michael Harvey. From the complaint:

Purpose of Affidavit

This Affidavit is submitted in support of a Criminal Complaint charging JOHN HERBERT STRAND (“STRAND”) and SIMONE MELISSA GOLD (“GOLD”) with violations of 18 U.S.C. § 1752(a) and 40 U.S.C. § 5104(e)(2). I respectfully submit that this Affidavit establishes probable cause to believe that STRAND and GOLD (1) did knowingly enter or remain in any restricted building or grounds without lawful authority, or did knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct, and (2) did willfully and knowingly 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 any deliberations of either House of Congress. Specifically, on or about January 6, 2021, STRAND and GOLD traveled to Washington, D.C., and knowingly and willfully and willfully joined a crowd of individuals who forcibly entered the U.S. Capitol and impeded, disrupted, and disturbed the orderly conduct of business by the United States House of Representatives and the United States Senate…

…Statement of Facts Supporting Probable Cause

Beginning on or about January 7, 2021, the investigative agencies began receiving tips from the public related to the civil unrest and breach of the Capitol and several identified STRAND and GOLD as being involved. Many of the tips included photographs of STRAND and GOLD inside the Capitol on January 6, 2021…

…In another tip, a witness wrote, “An old acquaintance was posting pictures of himself taking over the capitol yesterday. He was calling for a revolution on his social media accounts… [i]ndividual broke into the capitol building and is paid to promote propaganda on his website.”

Law enforcement agents retrieved a driver’s license photograph of both STRAND… and GOLD… both residents of California, and confirmed each were consistent in appearance with the pictures…

…Also on January 7, 2021, Twitter account @TheJohnStrand, believed to be used by Strand, posted a photograph in which STRAND was seen wearing a black jacket, pink scarf, and dark sunglasses, which appeared to be consistent with the photographs of STRAND and GOLD… The photograph appears to be taken on the steps of the Capitol. The photograph… also included the caption “I am incredibly proud to be a patriot today, to stand up tall in defense of liberty & the Constitution, to support Trump & #MAGAforever, & to send the message: WE ARE NEVER CONCEDING A STOLEN ELECTION.”

Several media outlets broadcasted coverage of the Capitol breach and recorded videos. In their coverage of events, CNN posted a video to its website entitled: “See stunning videos of rioters inside Capitol”… In the video, timestamped 2:27-2:29 p.m., a man and women consistent in appearance with the …pictures of STRAND and GOLD can be seen walking with a companion through National Statuary Hall, which is located inside the Capitol.

On January 6, 2021, a member of the news media posted a video to Twitter entitled “Statuary Hall being slowly cleared out,” at 2:28 p.m. In the video, a man bearing resemblance to STRAND can be seen with a recording device. The man was recording a woman, consistent in appearance with GOLD, giving a speech to a small gathering of people.

On January 7, 2021, at approximately 9:07 a.m., Twitter account @TheJohnStrand re-posted a video entitled “Trump Supporter Gets Shot And Murdered The US State Capitol!” The video was posted with the caption “I was there. This is inexcusable.” The tweet was tagged as posted “from Washington, DC” with “Twitter for iPhone”…

…An open source search of social media depictions from January 6, 2021, uncovered several videos and photographs of persons consistent in appearance with STRAND and GOLD inside of the Capitol…

…Video posted to the Getty Images database online… shows what appears to be STRAND and GOLD in a large crowd attempting to push past multiple officers blocking the entrance to the Capitol, which had visibly broken windows at the time. One of the officers, who had been pinned near the doors to the Capitol, appears to be pulled down by someone in the crowd and lands near where STRAND and GOLD were standing.

I conducted an initial review of some of the surveillance footage from surveillance cameras installed inside teh Capitol on January 6, 2021. During my review, I saw what appears to be STRAND and GOLD… enter the Capitol through the Rotunda door and walk throughout various parts of the building, consistent with their locations as caputred in the other various videos…

…On January 8, 2021, agents from the FBI interviewed witness 1 (“W1”) who identified STRAND as the person on an FBI wanted posted from the Capitol breach. W1 met STRAND approximately ten years ago and had a personal relationship with him. W1 provided a phone number for STRAND, which was consistent with the phone number the investigative agencies believed STRAND uses.

On January 12, 2021, The Washington Post published an article titled: “‘I do regret being there’: Simone Gold, noted hydroxychloroquine advocate, was inside the Capitol during the riot.” The article features an additional photograph of what appears to be GOLD inside the Capitol giving a speech, as captured in the video described… above. In the article, the writer quotes GOLD as stating the following in a phone interview: “I can certainly speak to the place that I was, and it was most emphatically not a riot,” and “Where I was, was incredibly peaceful.” According to the article, GOLD confirmed that she went inside the Capitol, saying she followed a crowd and assumed that it was legal to do so, further noting that she was inside for about 20 minutes and regretted being there. According to the article, GOLD added that she traveled to Washington D.C. to speak at a “Rally for Health Freedom” on the East side of the Capitol on Wednesday afternoon. According to the article, GOLD claimed to have attended the rally along with John Strand, who was there to “ensure her safety.”…

CONCLUSION

For the reasons set forth above, I submit there is probable cause to believe that STRAND and GOLD, violated:

1 18 U.S.C. § 1752(a), which makes it a crime to (1) knowingly enter or remain in any restricted buildings 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; or (3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstruct or impede ingress or egress to or from any restricted building or grounds. For purposes of 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 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; and

2 40 U.S.C. § 5104(e)(2), which makes it a crime for an individual or group of individuals 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; (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; or (G) parade, demonstrate or picket in any of the Capitol Buildings…

January 19, 2021, Los Angeles Times posted an article titled: “Beverly Hills residents arrested by FBI in Capitol attack”. From the article:

…Gina Bisignano, 52, was taken into custody by FBI agents Tuesday morning and John Strand, 37, and Simone Gold, 55, were arrested on Monday, according to a spokeswoman for the FBI’s Los Angeles Office. The arrests all occurred without incident, and the three made court appearances Tuesday afternoon, the spokeswoman said…

…In an affidavit written in support of the criminal charges against Gold and Strand, an FBI agent said a review of footage from security cameras showed the pair entering the Capitol and walking through various parts of the building.

Footage recorded by a CNN reporter showed them “walking with a companion through National Statuary Hall, which is located inside the Capitol,” while in another video Strand is seen recording Gold as she gives a speech inside the building, according to the affidavit.

Gold, a physician, was among a group of doctors who in July appeared in front of the U.S. Supreme Court to decry pandemic lockdowns. She has advocated unproven treatments for COVID-19, the illness caused by the coronavirus, such as the use of hydroxychloroquine.

After the attack on the Capitol, she offered various explanations for her participation, the affidavit said. She told a Washington post reporter, “Where I was, was incredibly peaceful,” and she also said that she had followed others inside thinking it was allowed, the agent wrote. She added that she now regrets the decision.

Strand is the self-described communications director for the Beverly Hills Freedom rallies in support of Trump and in opposition to California’s efforts to slow the spread of the coronavirus…

On January 22, 2021, The Guardian posted an article titled: “‘Willful ignorance’: doctor who joined Capitol attack condemned for Covid falsehoods”. It was written by Peter Stone. From the article:

A key conservative doctors’ group pushing misinformation about COVID-19 vaccines faces growing fire from medical experts about its woeful scientific grounding, while its leader, Dr. Simone Gold, was charged early this week for taking part in the 6 January attack on the Capitol…

…Gold, who founded America’s Frontline Doctors last spring with help from the Tea Party Patriots organization, was arrested on Monday in Beverly Hills, where she lives, and faces charges of entering a restricted building, violent entry and disorderly conduct.

Prior to her arrest, a headshot of Gold holding a bullhorn that she used to give a talk inside the Capitol appeared on an FBI flyer headlined “Seeking Information” about suspects in the Capitol attack. The group’s communications director, John Strand, who writes for the conservative Epoch Times, and was with Gold in the Capitol, was also arrested in Beverly Hills and faces similar charges…

…Gold’s mission has included touting the anti-malarial drug hydroxychloroquine, a phoney Covid-19 cure that Donald Trump endorsed which carries serious health risks, and suggesting that the lockdown’s mental health effects were more harmful than the Covid-19 virus…

…Gold’s questioning of vaccine safety was underscored the day before the Capitol attack, when she urged a rally near the White House not to take FDA-approved vaccines, labeling them “an experimental biological agent deceptively named a vaccine” and telling the crowd not to let themselves be “coerced”…


The Guy who Shattered a Window to an Office at the Capitol

On January 11, 2021, a Special Agent with the United States Capitol Police issued a Statement of Facts by telephone to U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

…At approximately 2:15 p.m., Capitol Police Officer Fluke, was actively holding a Civil Disturbance Unit (”CDU”) line with other officers with the United States Capitol Police on the outside of the Rotunda Door on the East side on First Street, Southeast. Your affiant has spoken to Officer Fluke about this incident and has also reviewed photos and reports of this incident described herein.

While holding back hundreds of subjects from reaching the door using CDU shields, Officer Fluke looked to the north of the Rotunda steps landing and observed an individual, later identified as Hunter Ehmke (hereinafter “Ehmke”), wearing a dark grey jacket and dark colored pants, standing on a ledge approximately 3 feet off the ground. Officer Fluke, who is familiar with the U.S. Capitol Building from his employment with the Capitol Police, knew that the ledge had access to a multiple-pane window over 6 foot in height that leads to interior office of the building.

Officer Fluke observed Ehmke pointing towards the window, followed by looking at the crowd to his south and waving his hand as if to summon others over to his position. Ehmke repeated the sequence of gestures again. Officer Fluke shouted out, “They’re going to break the window” during this time in hopes to bring attention from fellow officers. Officer Fluke looked east to focus back on the crowd pushing on the shields and gave orders for the growing crowd to get back. Officer Fluke turned to look north again and observed Ehmke with a balled fist, pulling his arm back and twisting his upper body. Ehmke then swung forward striking a pane of the window about shoulder level of Ehmke. Officer Fluke began to run toward Ehmke while continuing to hold his shield in both hands.

As Officer Fluke reached Ehmke, he shouted, “Get away from the window” and pushed the shield forward striking Ehmke in the lower torso and upper leg on Ehmke’s left side in attempt to push Ehmke away from the window. This disoriented Ehmke, but he remained standing on the ledge. While using the CDU shield again, Officer Fluke attempted to push Ehmke again, causing Ehmke to fall to the ground on the landing. Officer Fluke lost grip of the shield and fell to the ground that was covered in shards of glass. While Ehmke lay face-down on the ground, two other officers with the U.S. Capitol Police pulled Ehmke’s arms behind his back and detained him with handcuffs. Office Fluke stood up and gave orders to the crowd to stay back and set a perimeter.

Officers moved north on the landing to set up a perimeter with CDU shields between a crowd of approximately ten individuals in the immediate area and the two officers, Officer Fluke, and Ehmke. This small perimeter line of officers also blocked possible attempts of breaching the now visibly broken window which, to Officer Fluke’s knowledge, did not show signs of breakage prior to Ehmke striking the window. Ehmke was assisted onto his feet. USCP Officer Mooney obtained Ehmke’s California driver’s license and positively identified him as HUNTER ALLEN EHMKE. You affiant has spoken to Officer Mooney who reported that Ehmke also verbally identified himself. Officer Fluke asked Ehmke if he was injured, and Ehmke’s denied any injuries and there were no injuries visible.

Officer Fluke and Mooney attempted multiple times to go over the radio to advise their situation and seek further instructions. These attempts could not be clearly heard or unable to be broadcasted due to the many other calls of service by USCP officers. As the officers discussed an action plan, the disturbance caused individuals of the crowd facing the Rotunda doors to divert their attention towards the approximately 10 officers in the northwest corner of the landing. Individuals in the throng began to show aggression by pointing fingers and shouting obscenities. One unidentified individual threatened Officer Fluke and the other officers, stating “you’re not leaving with him”, while pointing in the direction of Officer Fluke and Ehmke. Due to the growing aggression of the large crowd that far outnumbered the officers and the exigent circumstances at the time, officers made the decision to allow Ehmke depart under his own power. Officers took photos of Ehmke and the damaged window. Officers advised Ehmke that his actions were criminal and that they would seek a warrant for his arrest. Ehmke was told to immediately leave the Capitol grounds. Officers maintained custody of Ehmke’s driver’s license upon his release….

The Special Agent stated that there is probable cause to believe that Hunter Ehmke violated a law which makes it a crime to damage or destroy government property. “The window of the United States Capitol that Ehmke broke is property of the United States government. The Architect of the Capitol has estimated that the cost to replace the broken window is $2,821.”

The Special Agent also said there was probable cause to believe Hunter Ehmke violated a law “which makes it a crime to obstruct, influence, or impede any official proceeding, or attempt to do so.” The Special Agent also stated that there is probable cause that Hunter Ehmke broke a law “which makes it a crime to willfully and knowingly 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 of 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 parade, demonstrate, or picket any of the Capitol Building.”

On January 14, 2021, CBS 9 Los Angeles posted an article titled: “Glendora Man Hunger Ehmke Arrested for Shattering Window During Capitol Riot”. From the article:

A 20-year-old Glendora man has been arrested for breaking a window during the storming of the U.S. Capitol building last week.

Hunter Allen Ehmke was taken into federal custody Thursday morning, according to the Los Angeles County Sheriff’s Department inmate information page. He is due to appear in a federal courtroom Thursday afternoon…

On January 14, 2021, San Gabriel Valley Tribune posted an article titled: “Man accused of storming U.S. Capitol in Jan. 6 riot arrested in Glendora”. I twas written by Josh Cain and Ruby Gonzales. From the article:

…Ehmke’s appearance Thursday by television monitor occurred in a federal courtroom downtown made sparse by the COVID-19 pandemic. Except for a federal bailiff and several plastic barriers, the room was empty. On the monitor were the judge, multiple U.S. attorneys, a defense attorney, the clerk, and Ehmke in a cell.

The judge granted Ehmke’s release after his parents and grandfather signed a bail agreement for $45,000 – they’ll have to pay if he doesn’t show up for arraignment. In the meantime, Ehmke was ordered to wear an ankle monitor and to submit to a search of his home for weapons…

…By around 4:30 p.m., Ehmke’s parents had not signed their bail agreement, threatening his ability to leave federal prison that night. His attorney, Adam Olin, said during the hearing he was getting a call from his parents…

…Ehmke has not been charged yet. He’ll face arraignment in Washington D.C., on Jan. 21, the day after Biden’s inauguration…


The Guy who Threw a Fire Extinguisher at Police Officers

The Wall Street Journal posted on their live blog on January 14, 2021, a mini article titled: “Man Who Allegedly Threw Fire Extinguisher at Police Arrested on Federal Charges”. From the article:

A retired firefighter from Pennsylvania was arrested Thursday for allegedly throwing a fire extinguisher that hit three police officers at the pro-Trump riot at the U.S. Capitol as captured on video, U.S. officials said.

Robert Sanford of Chester, Pa., faces three felony charges including assaulting a police officer after he was allegedly identified as the person who lobbed a fire extinguisher on the west side of the Capitol, at around 2:30 pm, as the mob crashed past a thin line of Capitol police officers and stormed towards the building on Jan. 6.

In an affidavit filed in connection with Mr. Sanford’s arrest, an FBI special agent described the mob as “insurrectionists.” “The video was shot from an elevated position and showed an area of the Capitol with a large group of police officers surrounded on at least three sides by a group of insurrectionists,” the statement of facts said. It also described the object hitting all three officers in the head, including one who was not wearing a helmet.”…

The Associated Press posted an article on January 14, 2021, titled: “Charges: Ex-firefighter threw extinguisher at Capitol Police”. From the article:

…Robert Sanford, 55, who retired last year from the Chester Fire Department, outside Philadelphia, turned himself in to the FBI to face charges that include assault of a police officer, disorderly conduct on Capitol grounds, civil disorder and unlawfully entering the Capitol.

Sanford, a supporter of President Donald Trump, got “caught up in the mob mentality,” his lawyer, Enrique Latoison, told The Associated Press.

Sanford was held in Pennsylvania’s Lehigh County jail, where he had an initial court appearance by video Thursday and was denied bail.

Latoison argued to the judge that Sanford should be released on bail, citing his long service as a firefighter, his strong family ties and his lack of a criminal record. Sanford, a married father of three, did not go to Washington with weapons or the intent of rioting, and does not belong to any extremist groups, Latoison argued…

…Noting the seriousness of the charges, the judge ordered Sanford to be held without bail, saying he presented a danger to the community.

Authorities said the case will be prosecuted in Washington

The FBI asked the public this week to help identify a man seen in video stills who picked up a fire extinguisher and threw it at police outside the Capitol on Jan. 6. According to the charging documents, the extinguisher bounced off the heads of three officers, two of whom wore helmets.

A friend saw the photos released by federal authorities and contacted police…

…Sanford joined the Chester Fire Department in 1994 and retired nearly a year ago, according to city officials. He had an unblemished record, a city spokesperson said…

On February 9, 2021, ABC News posted an article titled: “‘Because President Trump said to’: Over a dozen Capitol rioters say they were following Trump’s guidance”. It was written by Olivia Rubin, Alexandria Mallin, and Alex Hosenball. From the article:

…Robert Sanford, a Pennsylvania man who is accused of throwing a fire extinguisher at an officer, told investigators he had “followed the President’s instructions and gone to the Capitol,” according to court records. He pleaded not guilty to the charges according to local reports…


The Former Occupational Therapist Woman

On January 25, 2021, WTOL 11 updated their article titled: “Former Cleveland schools charged for alleged role in riot at U.S. Capitol”. It was written by Dave “Dino” DeNatale, Phil Trexler and Will Ujek. From the article:

A former occupational therapist for the Cleveland Metropolitan School District has been charged for her role in the riots and breach at the U.S. Capitol in Washington D.C. last week.

According to documents filed in United States District Court, 49-year-old Christine Priola faces charges of knowingly entering or remaining in a restricted building, violent entry and disorderly conduct on Capitol grounds, and unlawful activities on Capitol grounds.

Priola was freed on a $20,000 personal bond following her initial court appearance Thursday afternoon via Zoom in U.S. District Court in Cleveland. She was ordered to be placed on electronic monitoring in her home and is not permitted to travel. 

She only uttered “Yes, your honor” during the 20 minute hearing. She faces up to two years in prison, if convicted. Two federal public defenders were assigned to Priola, who quit her job a day after the riots.

Priola was arrested by FBI agents at her house on Thursday morning. She is currently in the custody of U.S. Marshals and is scheduled to appear for a hearing in front of US Federal Magistrate William Baughman on Thursday afternoon…

…Priola resigned from her position with the CMSD last Thursday. In her resignation letter, she cited her desire to switch career paths to focus on exposing human trafficking and pedophilia and not wanting to take a COVID-19 vaccine in order to return to in-person school. The letter came only after social media users linked her to photos taken of a violent mob loyal to President Donald Trump that stormed the U.S. Capitol and forced lawmakers into hiding in an attempt to overturn the presidential election…

There is an Affadavit In Support of a Criminal Complaint that was written by David Kasulones, a Deputy United States Marshal with the United States Marshals Service, Cleveland, Ohio. The Criminal Complaint was sworn by telephone after submission of electronic means to Honorable G. Michael Harvey, United States Magistrate Judge. From the Affadavit:

…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 scores of individuals inside the U.S. Capitol building, without authority to be there, in violation of Federal laws.

…Those photos and electronic images were circulated on numerous news media platforms, some of which showed an individual holding a sign reading, in part “The Children Cry Out for Justice,” and pointing a smart cellular telephone device at an individual occupying the seat of the Vice President of the United States. The female appears to be holding the digital media device in a manner consistent with taking photographs or videos, both of which are capable of being digitally stored and disseminated. The female was also wearing a red winter coat and distinctive pants that appeared to have the name “Trump” and other words written on the leg.

On or about January 8, 2021, via a Twitter post, the Cleveland Division of the FBI received an anonymous tip that Christine Priola was the female dipicted in the photographs described above. In the Twitter photograph, Priola is seen standing inside the U.S. Senate Chambers holding a sign under one arm and mobile (smart) phone. She is wearing a red coat and distinctive pants. The Twitter post also identified Priola as being employed with the Cleveland Metropolitan School District (CMSD).

Also on or about January 8, 2021, I identified Priola as Christine Marie Priola of Willoughby, Ohio, by comparing photographs from the Ohio Law Enforcement Gateway with photographs from January 6, 2021. I received verification from the CMSD that Priola resigned from her position with the CMSD in a letter dated January 7, 2021.

Based on the information above, a search of Priola’s house was authorized on January 8, 2021 by a judicial officer in the U.S. District Court for the Northern District of Ohio. On January 2021, law enforcement agents executed a search warrant at Priola’s residence and recovered a laptop computer; two desktop computers; several thumb drives; and an Apple iPhone. I am further informed that agents recovered clothing, a sign, and other materials consistent with the photographs of Priola taken on January 6, 2021…

…Based on the above factual allegations, I submit that probable cause exists to believe that Christine Priola, has violated Title 18 U.S.C. § 1752, Restricted Buildings or Grounds; Title 40 U.S.C. § 5104(e)(2)(A) and (D), Unlawful Activities on Capitol Grounds; Disorderly Conduct; and Title 40 U.S.C. § 5104(f), Unlawful Activities on Capitol Grounds, Parades, Assemblages and Display of Flags.


The Confederate Flag Carrying Guy

The New York Times posted an article on January 14, 2021, titled: “Capitol Riot Investigation: Man Who Carried Confederate Flag Arrested”. It was written by Giulia McDonnell Nieto del Rio, Adam Goldman, Katie Brenner, and Mike Ives. From the article:

…The man who was photographed holding a Confederate battle flag inside the U.S. Capitol during the riot was arrested on Thursday in Delaware, two law enforcement officials said. The man, Kevin Seefried, was wanted by the F.B.I., which had sought help from the public to identify him and had widely circulated a dispatch plastered with images of him.

In a bulletin, the agency said that it was looking for assistance to identify individuals “who made unlawful entry” into the Capitol, including Mr. Seefried.

According to court documents, Mr. Seefried and his son, Hunter Seefried, were identified after the F.B.I. received a report from a co-worker of Hunter Seefried that the man had bragged about being in the Capitol with his father on January 6. Mr Seefried’s son was also charged…

The Associated Press posted an article titled: “Capitol riot: Confederate flag photo leads to man’s arrest”. It was written by Johnathan Drew. From the article:

…A news release from the U.S. Attorney’s Office for the District of Columbia said that Kevin Seefried, who was seen carrying the flag, was arrested in Delaware along with his son, Hunter Seefried. Prosecutors said both entered the Senate Building through a broken window before Kevin Seefried was seen carrying around the Confederate flag in photos that caught attention from news outlets and social media.

Both were charged with unlawfully entering a restricted building, violent entry and disorderly conduct on Capitol grounds and degradation of government property….

…They both spoke with the FBI on Tuesday and admitted they had been been present at the riot, according to court documents.

“Kevin Seefried also explained that he brought the Confederate Battle flag seen in Exhibit A to the District of Columbia from his home in Delaware where it is usually displayed outside,” the agent wrote…

Delaware Online posted an article on January 14, 2021, titled: “Delaware father, son arrested for involvement in pro-Trump Capitol riot”. It was written by Jeff Neilburg, Xerxes Wilson and Shannon Marvel McNaught. From the article:

…More than a week after supporters of President Donald Trump stormed the Capitol building, Kevin Seefried and his son, Hunter, were arrested Thursday and appeared in federal court in Wilmington to face charges stemming from the Capitol insurrection.

The two face multiple federal charges including entering a restricted building, as well as violent entry and disorderly conduct on Capitol grounds. Court documents indicate that Hunter additionally faces charges of destroying government property.

The men appeared separately for brief hearings Thursday afternoon. They spoke little, primarily replying with “yes, sir” to the magistrate’s questions.

Magistrate Judge Christopher J. Burke read allegations about the men’s conduct to confirm they understood the charges against them…

…The FBI, which circulated Kevin Seefried’s image on social media, was tipped off to the father and son from a co-worker who told law enforcement officials that Hunter Seefried “bragged about being in the capitol with his father,” according to court documents. An attorney representing Hunter Seefried at the hearing said his client had “recently lost his job.”..

…The potential sentences for the crimes against the Seefrieds vary greatly depending on if they are ultimately charged as felonies or misdemeanors. All totaled, the men could face a decade in prison, as well as $250,000 in fines, according to statements made in Tuesday’s hearing.

After reviewing the duo’s financial qualifications, Burke appointed federal public defenders to represent both of them.

The magistrate allowed the two to be freed as they await those hearings. He imposed release conditions like location monitoring, ordered them not to leave the state – unless it’s for court – and granted them limited access to leave their homes for purposes other than work, worship or medical needs.

While their first appearance was in Delaware, it’s likely the case against them will proceed from here in a federal court in Washington. They were ordered Thursday to prepare to appear in Washington on a day not yet determined during the last week of January…

On April 8, 2021, CNBC posted an article titled: “Man who carried Confederate flag to Capitol during Jan. 6 riot indicted”. It was written by Tucker Higgins. From the article:

Kevin Seefried, who was photographed carryin a Confederate flag in the U.S. Capitol during the Jan. 6 riots in Washington, has been indicted by a grand jury on five counts related to obstruction, entering restricted property and disorderly conduct.

Seefried’s son, Hunter Seefried, was also indicted. The younger Seefried faces the same five counts as his father in addition to three charges related to destruction of government property and violence on Capitol grounds.

The grand jury document was filed with the U.S. District Court for the District of Columbia on Wednesday and made public on Thursday. The two men were arrested in January after turning themselves in to authorities in Wilmington, Delaware. Both men are residents of Delaware…

…The five charges both men face are: obstruction of an official proceeding and aiding and abetting; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol building; and parading, demonstrating, or picketing in a Capitol building.

In addition, Hunter Seefried also faces charges of entering and remaining in a restricted building or grounds with physical violence against property; destruction of government property; and act of physical violence in the Capitol grounds or buildings…


The “Zip Tie Guy” and his Mother

You may have seen a photo on social media of a man in camouflage climbing over the railing in the upper seats of Congress. He is carrying a stack of what people have described as “zip ties”. Next to him is a woman who is preparing to climb over the railing.

On January 10, 2021, The New York Times posted that photo (from Getty Images) in an article titled: “FBI Arrests Man Who Carried Zip Ties Into Capitol”. It was written by Adam Goldman and Katie Brenner. From the article:

The F.B.I. arrested two men on Sunday who were photographed in the Senate chamber clad in military-style clothing and holding zip ties, according to a statement issued by the Justice Department.

One of the men, Eric Gavelek Munchel, 30, was taken into custody in Nashville on one count of unlawfully entering a restricted building and one count of violent entry and disorderly conduct on Capitol grounds, the department said. One of the officials involved in the case said authorities also recovered several weapons at the time of his arrest.

The department also said that photographs of a person who appeared to be Mr. Munchel showed him “carrying plastic restraints, an item in a holster on his right hip, and a cell phone mounted on his chest with the camera facing outward, ostensibly to record events that day.”…

…Mr. Munchel traveled to Washington with his mother, Lisa Eisenhart, and the pair said in an interview with The Times of London that they broke into the Capitol to observe the action, and that they left after rioters talked about stealing electronics and government papers.

But Mr. Munchel also said that he and his mother “wanted to show that we’re willing to rise up, band together and fight if necessary,” and he compared himself and his mother to the Founding Fathers…

On January 10, 2021, the Department of Justice U.S. Attorney’s Office District of Columbia posted an immediate release. From the immediate release:

…Eric Gavelek Munchel, of Tennessee, was charged with one count of knowingly entering or remainining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Munchel was arrested today in Tennessee.

It is alleged that Munchel was inside the Capitol on Jan. 6, 2021. Photos depicting his presence show a person who appears to be Munchel carrying plastic restraints, an item in a holster on his right hip, and a cell phone mounted on his chest with the camera facing outward, ostenssibly to record events that day.

These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Northern District of Texas and the U.S. Attorney’s Office for the Middle District of Tennessee. The cases are being investigated by the FBI’s Washington Field Office, the FBI’s Dallas Field Office, the FBI’s Memphis Field Office and the United States Capitol Police.

 The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.

On January 20, 2021, United States Attorney Donald Q.Cochran submitted a “Government’s Memorandum In Support of Pre-Trial Detention” for Eric Munchel. From the Memorandum:

…The defendant, Eric Munchel, traveled to Washington, D.C. to attend the “Stop the Steal” rally on or about January 6, 2021, where he intended to protest the outcome of the 2020 Presidential election. Munchel was prepared for conflict: he told a reporter, he was ready to “rise up” and “fight if necessary.” After the rally concluded, Munchel – who was dressed in tactical gear and carried a taser on his hip, and stashed other “weapons” in a tactical bag outside the Capitol – unlawfully entered the U.S. Capitol along with a mob of rioters who smashed windows and broke through doors. Munchel gleefully acquired several sets of plastic handcuffs as he walked through the Capitol and entered the Senate chamber, where only moments earlier the Vice President of the United States was certifying the results of the 2020 Presidential election. In the Senate gallery, Munchel stood with a crowd whose members shouted “Treason!” and lamented the disappearance of lawmakers from the chamber moments earlier. Munchel’s conduct was dangerous and extremely serious. This Court should adopt the recommendation of the Pretrial Services Office and detain Munchel pending trial.

On January 10, 2021, U.S. Magistrate Judge for the District of Columbia G. Michael Harvey issued a Criminal Complaint charging Munchel with one count each of Knowingly Entering or Remaining in a Restricted Building or Grounds without Lawful Authority, in violation of 18 U.S.C. § 1752(a), and Violent Entry and Disorderly Conduct on Capitol Grounds, in violation of 18 U.S.C. § 5014(e)(2). Munchel made his initial appearance in the Middle District of Tennessee on January 11, 2021… At that time, the government requested that Munchel be held as a danger to the community, pursuant to 18 U.S.C. § 3142(f)(1)(A), and as a serious risk of flight, pursuant to U.S.C. § 3142(f)(2)(A).

On January 15, 2021, U.S. Magistrate Judge for the District of Columbia Zia M. Farqui issued a Criminal Complaint charging Munchel with the offenses above, as well as two additional offenses, namely, Conspiracy, in violation of 18 U.S.C. § 371, and Civil Disorders, in violation of 18 U.S.C. § 231(a)(3). That Complaint charges the defendant’s mother, Lisa Eisenhart, with the same offenses.

The government seeks Munchel’s continued detention pending trial in this matter on the grounds that he is a danger to the community and a serious risk of flight…

Part of the Government’s Memorandum In Support of Pre-Trial Detention provided details about “The Events of January 6, 2021”:

On or about January 4, 2021, Munchel and Eisenhart traveled from Nashville to the Grand Hyatt Hotel in Washington D.C., to participate in the “Stop the Steal” rally scheduled for January 6, 2021. (Subpoenaed records from the Grand Hyatt Hotel in Washington, D.C. establish that Eisenhart rented a hotel room on January 4, 2021, and that she checked out of the room on January 7, 2021). Munchel and Eisenhart made no secret of their intentions in traveling to Washington: They told a reporter for The Sunday Times that they made the trip because they “wanted to show that we’re willing to rise up, band together[,] and fight if necessary. Same as our forefathers who established this country in 1776.”… Munchel thus perceived himself to be a revolutionary, in the mold of those who overthrew the British government in the American Revolution.

On January 6, 2021 – the day of the rally – the exterior plaza of the U.S. Capitol was closed to members of the public, because a joint session of the United States Congress had convened at the United States Capitol. The Capitol is located at First Street, SE, in Washington D.C. and is secured 24 hours a day by Capitol Police. Restrictions around the Capitol include permanent and temporary security barriers and posts manned by the Capitol Police. Only authorized people with appropriate identification are allowed inside the Capitol…

…With the joint session underway and with Vice President Mike Pence presiding, a large crowd, including MUNCHEL and Eisenhart, gathered outside the Capitol. Temporary and permanent barricades surround the exterior of the Capitol. Capitol police were present and attempting to keep the crowd away from the Capitol buildings 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 Capitol Police, and the crowd 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 Capitol Police attempted to maintain order and keep the crowd from entering the Capitol. Shortly after 2:00 p.m., however, individuals in the crowd forced entry into the Capitol, including by breaking windows.

MUNCHEL and Eisenhart were among the persons who entered the Capitol. Eisenhart claimed to the Times reporter that she and MUNCHEL entered the Capitol as “observers,” and that MUNCHEL told Eisenhart not to touch anything while inside. But when MUNCHEL entered the Capitol, he was dressed for combat: he wore combat boots, military fatigues, a tactical vest, gloves, and a gaiter that covered all of his face except for his eyes. MUNCHEL had also armed himself with a taser on his hip. And MUNCHEL had mounted a red iPhone to his chest, ostensibly to record the events that day:

Eisenhart was dressed for combat as well, wearing a tactical vest over her flannel shirt:

In the photograph depicting Munchel and Eisenhart before they entered the Capitol, neither of them was carrying plastic handcuffs, also known as “flex cuffs.” But still captures of surveillance video inside the Capitol depict both Munchel and Eisenhart carrying white plastic handcuffs…

Identification of Munchel and Eisenhart

…On the evening of January 8, 2021, persons using social media began identifying various clues on social media and elsewhere, which pointed to MUNCHEL as the person depicted in the Senate chamber wearing tactical gear and carrying plastic handcuffs. In the photographs above, MUNCHEL is wearing or displaying several distinctive items, including: (1) a black baseball cap depicting a rifle and a flag, with writing on the left side of the cap near the back of the cap; (2) a patch on the center of his chest displaying the “Punisher” comic book character, as well as a Tennessee “thin blue line” patch depicting the State of Tennessee bisected by a horizontal blue line; and (3) a long-sleeve shirt in a fatigues pattern with black rectangles on the upper sleeves.MUNCHEL is also depicted walking alongside Eisenhart outside the Capitol, wearing the same distinctive clothing he is depicted wearing in the Senate chamber…

…Law enforcement officers also had an encounter with Munchel in the area of the Grand Hyatt Hotel. One of the officers observed a black holster on Munchel’s right hip, along with the black grip of what appeared to the officer to be a firearm. Officers spoke with Munchel, who permitted the officers to remove the item from the holster. Officers determined the item to be a black and yellow “Taser Pulse” taser, which was designed to administer an electrical shock. Munchel informed the officers that he possessed the taser for his own protection in what he described as the First Amendment assemblies at the pro-Trump rally. Munchel was identified at that time by his Tennessee concealed weapons permit. The home address listed for Munchel in the Metropolitan Police Department’s police paperwork as a result of this police contact and taser seizure, furthermore, is nearly identical to Munchel’s actual address in Nashville…

Search Warrant Execution and Additional Investigation

Based in part on the information above, the government obtained a federal search warrant for Munchel’s residence in Nashville on January 9, 2021. Federal agents began visual surveillance of the residence that same day. At approximately 6:00 p.m., a federal agent observed a person the agent believed to be Munchel arrive in a red Kia Sentra registered to Eisenhart and enter the residence. At approximately 6:00 a.m. on January 10, 2021, FBI agents with the Joint Terrorism Task Force executed the search warrant at the residence. Munchel was not present. As it turned out, the person whom agents had observed arrive the night before was not Munchel but a relative of Munchel’s (“W-1”).

During an interview with W-1 that followed, W-1 informed agents that W-1 and MUNCHEL lived at the residence. W-1 informed agents further that MUNCHEL and Eisenhart traveled to Washington, D.C. on or about January 6, 2021, to attend the pro-Trump rally scheduled on that date. W-1 informed agents that W-1 did not travel to Washington, D.C. with MUNCHELand Eisenhart, and instead remained in Nashville.

W-1 informed agents that MUNCHEL and Eisenhart returned from Washington, D.C. to the residence on January 7, 2021. W-1 informed agents that Eisenhart left the residence on January 8, 2021. W-1 informed agents further that MUNCHEL left the residence on the morning of January 9, 2021, and informed W-1 that he was going to work. Some time later that day, MUNCHEL’s manager called W-1, inquiring about MUNCHEL’s whereabouts, as MUNCHEL had not come into work that day. W-1 later spoke with MUNCHEL by telephone; MUNCHEL told W-1 that he was “OK,” but did not offer additional details about where he was located or whether he was with anyone.

Inside the residence, agents located the items MUNCHEL was depicted wearing in the photograph above in the Senate chamber, including the tactical vest with a patch on the center of the chest displaying the “Punisher” comic book character and the Tennessee “thin blue line” patch depicting the State of Tennessee bisected by a horizontal blue line; a baseball cap depicting a rifle and a flag, with writing on the left side of the cap near the back of the cap; and five pairs of white plastic handcuffs:

Agents recovered a second tactical vest as well, which appears similar, if not identical, to the vest Eisenhart appeared to be wearing at the Capitol. W-1 informed agents that all of these items belonged to MUNCHEL. W-1 informed agents that a bedroom inside the residence was MUNCHEL’s bedroom. Agents located a black Stack-On safe, standing approximately 5 feet tall, inside that bedroom. Inside a closet in the bedroom, agents also located a .22 caliber revolver. Agents also located dozens of rounds of ammunition inside the bedroom, along with multiple empty and full magazines.

Based on the information above, the government obtained a federal search warrant to search the premises, as well as the black Stack-On safe located inside the premises, for (among other things) firearms, firearms, parts and ammunition. During a search of the black Stack-On safe, agents located approximately 15 firearms, including assault rifles, a sniper rifle with a tripod, other rifles, shotguns, and pistols, and hundreds of rounds of ammunition. Agents also located a drum-style magazine elsewhere in the residence…

In addition, Agents learned that Munchel provided his red iPhone to a friend for “safekeeping”. The Agents later seized that red iPhone as evidence. Law enforcement recovered a video that Munchel took on his iPhone on January 6, 2021. It recorded everything Munchel and Eisenhart said, did, and who they encountered.

On January 22, 2021, International Business Times posted an article titled: “‘Zip Tie Guy’ and His Mom Had Weapons Stashed with Hundreds of Ammo Outside Capitol, DoJ says”. It was written by Krishnendu Banerjee. From the article:

…Eric Munchel (30), known as the “zip tie guy”, was arrested along with his mother, Lisa Eisenhart (57), after the January 6 Capitol attack from Nashville, Tennessee on January 16. As per DoJ’s court documents, the mother and son duo stashed weapons outside the US Capitol building in a bag that contained 15 firearms including a sniper rifle, multiple assault rifles and a drum-style magazine for rapid firing, besides “hundreds of rounds of ammunition.”

The police came to know about the weapon stash after recovering the video footage from Munchel’s cell phone that he used to film the riot. The mother and son duo was fully prepared for consequences as they discussed it before entering the building. Both were wearing bulletproof vests while Munchel was in military-style tactical gear with a taser in his holster…

On January 25, 2021, CBS News posted an article titled: “Judge blocks release of alleged “zip tie guy” from Capitol riot”. From the article:

A federal judge on Sunday blocked the release of a Tennessee man authorities say carried flexible plastic handcuffs during the riot at the U.S. Capitol. U.S. District Judge Beryl A. Howell for the District of Columbia also ordered that he be brought to Washington for further proceedings.

Howell set aside an order issued Friday by a judge in Tennessee concerning the release of Eric Munchel, of Nashville, that cleared the way for Munchel’s release as early as Monday. Howell stayed the lower court’s order pending a review…

…Munchel is charged with violent entry and disorderly conduct on the Capitol grounds, conspiracy and civil disorder. He faces up to 20 years if convicted.

Munchel has been in federal custody since his arrest on Jan. 10, when he turned himself over to authorities.

In a memorandum in support of detention, prosecutors said Munchel traveled to Washington with his mother, Lisa Eisenhart, who has also been charged in the Capitol riot. The two participated in Donald Trump’s “Stop the Steal” rally in which the former president repeated his baseless claims of election fraud and exhorted the crowd to march to the Capitol and “fight like hell.”…

On January 26, 2021, Tennessean posted an article titled: “Lisa Eisenhart, mom of Capitol riot zip-tie suspect, to remain in custody, reversing earlier decision”. It was written by Brinley Hineman. From the article:

A federal judge on Monday ruled that Lisa Eisenhart, a woman who federal authorities say broke into the U.S. Capitol alongside her son in a violent mob on Jan. 6, could be released from federal custody as early as Tuesday night.

But on Tuesday, upon review of the government’s appeal of the release order issued by U.S. Magistrate Judge Jeffrey Frensley, the U.S. District Court in Washington D.C., blocked the Nashville-based judge’s order.

This means Eisenhart will remain in custody and be transported to the District of Columbia for further proceedings, according to information from the Office of the U.S. Attorney for the Middle District of Tennessee…

…Frensley is also presiding over the case of Eisenhart’s son Eric Munchel, whom the FBI has identified as the man photographed holding a handful of plastic restraints inside the U.S. Capitol, dubbed “zip tie guy” on social media.

The judge on Friday ruled that Munchel could be released, but that move was blocked by a judge in Washington, D.C., forcing Munchel to stay in federal custody until further notice.


The QAnon T-Shirt Guy

You may have seen photos of a guy inside the Capitol who was wearing a t-shirt with a large Q on the front of it. The Q was covered in red and white stripes and had a blue section with white stars. An eagle with spread wings appeared behind the Q.

The man wore a knit cap. He was not wearing a mask. He was wearing a sweatshirt underneath the t-shirt.

On January 8, 2021, KCCI Des Moines 8 updated their article titled: “Update: Iowa man seen inside U.S. Capitol fired from job”. From the article:

…KCCI has confirmed that Doug Jensen, of Des Moines, is a former employee of Forrest & Associate Masonry in Des Moines. President & CEO Richard Felice told KCCI Jensen was a laborer at the masonry company. He has worked there for at least a few years. Felice said the company does not agree with the actions of their employee. On Friday, the company announced that Jensen had been let go…

On January 11, 2021, Des Moines Register posted an article titled: “Doug Jensen of Des Moines to appear in federal court Tuesday on charges stemming from riot at U.S. Capitol”. It was written by William Morris. From the article:

A Des Moines man seen chasing police through the halls of the U.S. Capitol on viral videos last week is scheduled to make an initial appearance in federal court Tuesday afternoon.

Doug Jensen, 41, was allegedly one of the rioters  who interrupted congressional proceedings Jan. 6 to certify the electoral college vote naming Joe Biden the president-elect and forcing lawmakers and their staffs to flee the building. The riot left five people dead, including a U.S. Capitol Police officer.

Jensen was arrested by the FBI and booked into the Polk County Jail early Saturday on five charges:

  • Knowingly entering or remaining in any restricted building or grounds without lawful authority. 
  • Disrupting the orderly conduct of government business. 
  • Violent entry and disorderly conduct in a Capitol building. 
  • Parading, demonstrating or picketing in a Capitol building. 
  • Obstructing a law enforcement officer during a civil disorder.

A U.S. Attorney’s Office spokesperson in Des Moines confirmed Jensen is scheduled for a first appearance at 2 p.m. Tuesday in Des Moines before Judge Helen Adams. Charging documents and other court filings for the case will remain sealed until after the hearing…

On January 19, 2021, Des Moines Register updated their article titled: “What we know about Doug Jensen, the Des Moines man photographed at the Capitol riot and arrested by the FBI”. The article was originally posted on January 11, 2020. It was written by Philip Jones, Robin Ospsahl and William Morris. From the article:

A man wearing a knit cap and a QAnon T-shirt emblazoned with an eagle who confronted security with arms spread wide became an iconic image from the riot at the U.S. Capitol on Wednesday, as Congress met to certify President-elect Joe Biden’s election.

The man in the photo is Doug Jensen, 41, of Des Moines, who was arrested by the FBI at 1 a.m. Saturday at his home and booked into the Polk County Jail, Sgt. Ryan Evans of the Polk County Sheriff’s Office said. Des Moines Police assisted in the arrest, according to the Associated Press…

…Jensen’s employer, Forrest & Associate Masonry in Des Moines, announced Friday that he had been fired. The company’s CEO, Richard Felice, told KCCI Friday that Jensen had worked there for a few years. Felice told KCCI the company did not agree with Jensen’s actions…

…Jensen has dozens of traffic violations dating from the 1990s to now. In 2001, he was placed on probation for driving while barred.

On Dec. 29, 2006, he was charged with a fifth-degree theft in Polk County, a misdemeanor. He pleaded guilty for a charge of criminal trespassing.

In March 2005, Jensen pleaded guilty to domestic assault and disorderly conduct in Minnesota. He was sentenced to three days in jail in Rochester, Minnesota… 

On January 23, 2021, KCCI 8 posted an article titled: “Des Moines man charged in Capitol riots stays in custody, ordered to DC”. From the article:

Washington-based U.S. District Judge Timothy Kelly halted the release of Douglas Jensen that had been ordered by a federal magistrate judge in Iowa on Thursday. The Iowa judge had allowed his release to home confinement in Des Moines next week with electronic monitoring by probation officers but gave the federal government time to appeal. After federal prosecutors appealed Friday afternoon, Kelly entered an order granting the government’s stay of Jensen’s release.

Washington prosecutors also asked the judge to order Jensen moved to the district, and Kelly issued another order that directed the U.S. Marshals to “transport the defendant forthwith from the Southern District of Iowa to the District of Columbia for further proceedings in this matter.”

Assistant U.S. Attorney James B. Nelson said in court documents that Jensen carried a knife in his pocket during the attack, and video showed him reaching into that pocket. Photos show a silver knife with a thick 3-inch blade.

Nelson said Jensen’s eagerness to travel more than 1,000 miles in hopes of hearing Donald Trump declare martial law and his willingness to take martial law into his own hands absent such pronouncement illustrate his danger…

…“Releasing defendant from custody will only reinforce his belief that his cause is just. If nothing else, the events of January 6, 2021, have exposed the size and determination of right-wing fringe groups in the United States, and their willingness to place themselves and others in danger to further their political ideology. Anyone who would act as defendant acted, for the reasons he identified in support of his actions, is a per se danger to the community,” Nelson wrote.

Releasing Jensen while he awaits trial “creates a substantial risk of danger to the community,” he said.

Jensen’s involvement in the riot and invasion of the U.S. Capitol is undisputed, court documents say due to the widespread video coverage.

Jensen, 41, appeared in court for a detention hearing via video from the Polk County jail in Des Moines on Tuesday.

A grand jury indicted him on six counts, including obstructing law enforcement during a civil disorder, resisting Capitol Police officer Eugene Goodman, violently entering and remaining in a restricted building, and disorderly conduct.

Jensen turned himself in to Des Moines police after seeing video coverage of the attack on the Capitol showing him in a QAnon shirt in the front of a shouting mob…

On January 23, 2021, CNN updated an article titled: “Capitol riot dilemma: Which rioters should stay behind bars before trial?” It was written by Katelyn Polantz. From the article:

…And in Des Moines, Iowa, Magistrate Judge Celeste Bremer said defendant Douglas Jensen — who was seen wearing a QAnon shirt, chased a Capitol Police officer up the stairs toward the Senate chamber and believed he was supporting a push for Trump to declare an insurrection against Congress — didn’t do enough to merit him staying in jail. “Defendant’s involvement in the riot and invasion of the U.S. Capitol on January 6, 2021, is undisputed. However, the issue before the Court is whether any conditions of release would be reasonable to ensure the safety of the community and Defendant’s appearance, as required,” Bremer wrote. He should stay under house arrest and be blocked from using the internet, including on cell phones, the judge decided…


One of the Guys who Said a Prayer on the Senate Floor

You may have seen a photo of the “QAnon Shaman”, and a group of other men, standing at the front of the Senate. It has been reported that the group was praying.

On January 19, 2020, USA Today posted an article titled: “What we know about Leo Kelly, the Iowa man who said he prayed on the Senate floor during the US Capitol riot”. It was written by Philip Jones. From the article:

…Leo Christopher Kelly, 35, of Cedar Rapids was arrested Monday by FBI agents in Cedar Rapids. He was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, and with violent entry with intent to disrupt the orderly conduct of official business and disorderly conduct on Capitol grounds.

His initial appearance was scheduled for 3 p.m. Tuesday at the Cedar Rapids Federal Courthouse. No attorney was listed for Kelly as of noon Tuesday.

The Jan. 6 riot at the U.S. Capitol in Washington, D.C., left five people dead, including a police officer, and sent lawmakers and Vice President Mike Pence fleeing to shelter. 

During an interview with LifeSiteNews.com, a media outlet devoted to anti-abortion… Kelly said he traveled from Cedar Rapids to Washington, D.C., to show support for President Donald Trump. He told the site he was in the Capitol for 30 to 60 minutes, and prayed on the Senate floor…

…On Thursday, Kelly told a U.S. Marshall that he would turn himself in if an arrest warrant was issued for him, according to the charging documents…

…Kelly is listed as the vice president of Strategic Partnerships for US IoT Network, a Cedar Rapids Internet of Things wireless technology company. The company did not respond to requests for comment about Kelly’s employment status…

A Special Agent for the FBI wrote a Statement of Facts against Leo Christopher Kelly. The case was assigned to United States Magistrate Judge Zia M. Faruqui. From the complaint:

…On January 6, 2021, at approximately 9:18 p.m. (i.e., the night of the above-referenced activities), a self-described non-profit Internet service emphasizing traditional Judeo-Christian principles posted an exclusive video interview with an individual whom the reporter identified as “Leo Kelly,” and whom I later confirmed to be Leo Christophe Kelley. In its description of the video, the website described Kelley as “… one of the first men to breach the Capitol building and go inside with dozens of others.” During the interview Kelly acknowledged being inside the U.S. Capitol for between 30 and 60 minutes. Kelly stated that when encountering law enforcement, he and others were “…mostly respectful, as respectful as you can be when you’re kind of really pushing in on somebody’s space like that.” Kelly further stated that he got all the way to the U.S. Senate floor and said a prayer (i.e. with others).

Specifically, the interview includes approximately 17 seconds of video footage that Kelly likely filmed with his mobile telephone from the dias of the Senate floor during the insurrection. While the footage was played during the interview, the reporter said “…you shot some video in there,” to which Kelley acknowledged “Yeah.” The reporter then continued, “…we’re going to show some of that.” Kelly’s footage included desks that were open and in disarray and other persons involved in the insurrection. The area of the Senate floor that Kelly filmed appeared to be overtaken as there were no members of the Senate present and no significant law enforcement presence at that time.

Upon being asked how he felt about what happened that day, Kelly stated that he felt “conflicted,” as “…you violate someone else’s space… force your way into a building… in some ways that feels wrong… but,… that [space] really does belong to us.” Kelly continued, “…that should only be an absolute last resort… maybe we shouldn’t have done that… it’s just, you come to the end of your rope… and you get swept up in a movement… and there’s a bunch of people running and doing this… it’s not the logical mind that’s working anymore… you’re just reacting to things and, finally, there’s a chance that you can be heard …we took that chance … God will judge us… perhaps I did something wrong… I tried to be as respectful as I could while I was in there, you know, while I was still saying what I felt needed to be said.”…

…On January 11, 2020, The Gazette, a daily print newspaper and online new source published in Cedar Rapids, released a news article on its website entitled “Cedar Rapids man says he entered US Capitol with mob but was not violent: ‘That is not who I am.” The article’s reporter had spoken to Kelly earlier that same day. Among other comments Kelly told the reporter, “If the FBI or whoever calls me – I mean, they know where to find me, I’m sure – I’ll talk to them, [Kelly] said. ‘I understand there could be consequences for what happened and I will accept those and deal with them.”

On January 14, 2021, the FBI’s Cedar Rapids Resident Agency was contacted by a Deputy United States Marshal and acquaintance of Kelly’s. The Deputy United States Marshal advised that Kelly had contacted him subsequent to the above-referenced events at the U.S. Capitol (i.e., Kelly was driving back to Iowa.) Specifically, Kelly said that he would turn himself in if an arrest warrant was issued for him.

Based on the foregoing, your affiant submits that there is probable cause to believe that KELLY 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; and (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 thatKELLY violated 40 U.S.C. § 5104(e)(2)(A), (C), and (G), which makes it a crime to willfully and knowingly (A) enter orremain on the floor of either House of Congress or in any cloakroom or lobby adjacent to thatfloor, 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; (C)with the intent to disrupt the orderly conduct of official business, enter or remain in a room in anyof the Capitol Buildings set aside or designated for the use of— (i) either House of Congress or aMember, committee, officer, or employee of Congress, or either House of Congress; or (ii) the Library of Congress; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.


The Texas Florist Woman

On January 12, 2021, a Special Agent for the FBI sent a Statement of Facts to U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…The U.S. Capitol, which is located at Firs Street, SE in Washington, D.C., 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 closed to members of the public…

…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. The crowd was not lawfully authorized to enter or remain in the building and, prior to entering the building, no members of the crowd submitted to security screenings or weapon checks by U.S. Capitol Police Officers or other authorized security officials…

…Based on information I have reviewed, I estimate that between approximately 2:35 p.m., and 2:54 p.m., Jenny Louise Cudd, also known as Jenny Haning Chud on social media platforms, and Eliel Rosa entered the United States Capitol without authorization to do so. I have reviewed the footage from security cameras located inside the U.S. Capitol and have observed the following involving Jenny Louise Cud and Eliel Rosa:

  • At approximately 2:35 p.m., Jenny Louise Cudd and Eliel Rosa, enter the U.S. Capitol via Upper West Terrace Door.
  • At approximately 2:36 p.m.. Jenny Louise Cudd and Eliel Rosa are observed inside the Rotunda of the U.S. Capitol from the west doorway that lads into the Rotunda. They are observed remaining inside the Rotunda until approximately 2:39 p.m. They are further observed taking pictures of the Rotunda and the surrounding area.
  • At approximately 2:39 p.m., Jenny Louise Cudd and Eliel Rosa are observed walking across the Statuary Hall area of the U.S. Capitol.
  • At approximately 2:40 p.m., Jenny Louise Cudd and Eliel Rosa are observed walking the Statuary Hall Connector and moves off camera at approximately 2:42 p.m.
  • At approximately 2:43 p.m., Jenny Louise Cudd and Eliel Rosa are observed departing from a large crowd inside the U.S. Capitol in front of the Main Door of the House Chamber and walks east toward the staircase.
  • Jenny Louise Cudd and Elial Rosa are subsequently observed walking past the staircase and is further observed walking past the Upper House Door, going toward the other entrance to the House Chamber.
  • Jenny Louise Cudd and Elial Rosa are observed at approximately 2:54 p.m. at the Upper House Door and further observed departing the U.S. Capitol.

Jenny Cudd live streamed the video sometime after the actual forced entry of the U.S. Capitol, but on the same day of the forced entry, January 6, 2021. Jenny Cudd stated on the Facebook video that she was at the Willard Hotel, located on 1401 Pennsylvania Ave. NW, Washington D.C., 20004. During the course of the video, she made the following comments to confirm the location and date of the video recording, “I am sitting in front of the Willard Hotel, as I always do when I am in DC protesting,” and “I was here today on January 6th when the new revolution started at the Capitol.” In addition, your affiant viewed a photograph of an individual matching the clothing of Jenny Cudd taken outside the Rotunda of the U.S. Capitol on January 6, 2021. The photograph included the individual matching the description of Jenny Cudd, who was also in the presence of other individuals who unlawfully entered the U.S. Capitol. The video was posted on a Facebook account with the name of Jenny Haning Cudd…

…On January 8, 2021, Jenny Louise Cudd participated in an interview with a local news station in which she describes her actions on January 6, 2021, in Washington D.C., to include her admission of entering the U.S. Capitol on the same date. Specifically, Jenny Louise Cudd states during her interview she stated the following, “we walked up the steps and walked inside an open door (referring to the U.S. Capitol.” She added in reference to entering the U.S. Capitol, “Yes, I would absolutely do it again.”…

…On January 8, 2021, Eliel Rosa was interviewed by the FBI in Midland, Texas. During the interview, Eliel Rosa admitted that he and Jenny Louise Cudd had entered the U.S. Capitol on January 6, 2021…

On January 13, 2021, MRT posted an article titled: “Feds charge Jenny Cudd for role in Capitol riot”. It was written by Caitlin Randle. from the article:

Floral shop owner is one of two Midlanders charged for Capitol riots, released on PR bond.

Former Midland mayoral candidate Jenny Cudd was arrested and charged with two misdemeanors Wednesday morning for her participation in riots earlier this month at the U.S. Capitol. She was released on a personal recognizance bond that afternoon.

Fellow Midlander Eliel Rosa, who was granted political asylum after moving to the U.S. from Brazil, was also charged and released Wednesday.

Rosa and Cudd traveled to Washington, D.C., together and both entered the Capitol building after riots broke out there, according to posts on Cudd’s since-deleted social media pages. In an excerpt of one Facebook live video that’s been viewed on Twitter more than 7 million times, Cudd said, “We did break down Nancy Pelosi’s door and somebody stole her gavel.”

The two Midlanders have been charged with entering and remaining on restricted grounds, a class A misdemeanor, and disorderly conduct or violent entry, a class B misdemeanor. They face up to a year-and-a-half in prison if convicted on both charges, as well as a $100,000 fine.

There was an initial appearance for Cudd and Rosa in federal court Wednesday afternoon before U.S. Magistrate Judge Ronald Griffin. Both were brought into the courtroom from a rear entrance, handcuffed at their wrists and ankles and with chains on their waists connecting to those handcuffs.

Griffin said during the hearing they would be processed by the U.S. Marshals and released on PR bonds. Cudd and Rosa were seen leaving the courthouse together shortly after their court appearances.

Currently, there are no conditions on their release, such as traveling restrictions, but the U.S. Department of Justice can request that restrictions are added.

A second hearing is scheduled for 1 p.m. Jan. 21 in front of U.S. Magistrate Judge G. Michael Harvey in D.C. That hearing will be held virtually, at which time Cudd and Rosa will enter their pleas…

On January 14, NewsWest9 (via MSN) posted an article titled: “Community reacts to Jenny Cudd’s arrest after Capitol riots”. It was written by Sammi Steele. From the article:

Before the Capitol riots, Jenny was mostly known for her run as Midland Mayor in 2019 and her strong stance against masks in businesses. 

Her neighbors tell us, Jenny usually keeps to herself…

…Neighbors would not go on camera but they did tell me they are not surprised about the FBI arresting her after she boasted about her actions at the Capitol on social media…

…But Cudd is not the only one paying the price. So is her business, The Knot making it clear they do not stand with Cudd’s actions and removing Becky Flowers as a vendor…

On January 15, 2021, CNN updated their article titled: “Key arrests so far from the Capitol riot”. I twas written by Jason Hanna, Katelyn Polantz and Marshall Cohen. From the article:

…[Jenny] Cudd, a former mayoral candidate in Midland, Texas, faces two charges, according to the US Department of Justice.

Cudd, who posted a video on the eve of the riot in which she talked about how the next day was going to be a “ruckus,” is charged with knowingly entering a restricted building and knowingly impeding or disrupting the orderly conduct of government business.

A criminal complaint states that Cudd and another person were photographed inside the Capitol and that Cudd livestreamed a video on Facebook sometime after the actual forced entry of the building.

“Jenny Cudd also stated in the video, the following indicating her presence inside the US Capitol, ‘We did break down the Nancy Pelosi’s office door and somebody stole her gavel and took a picture sitting in the chair and flipping off the camera,” the court document says.

Don Flanary, Cudd’s lawyer, told CNN that she “was arrested by the FBI this (Wednesday) morning and brought before a magistrate in Midland.” She has been released on bond.

Flanary said Cudd plans to plead not guilty.

On February 2, 2021, the Washington Post posted a copy of a Motion to Travel. It was submitted by Farheena Siddiqui, Local Counsel for defendant Jenny Cudd, and Marina Medvin, Pro as Vice Counsel for defendant Jenny Cudd. From the Motion to Travel:

Defendant, Jenny Cudd, through counsel, asks this court to approve the following request for travel outside the country. In support thereof, she states as follows:

1 Ms. Cudd is currently charged with two misdemeanor offenses and is on pretrial release.

2 Ms. Cudd has no criminal history and is a United States citizen.

3 Ms. Cudd is a small business owner in Midland, Texas and an established member of her community.

4 Prior to the alleged offense at issue, Ms. Cudd planned and prepaid for a weekend retreat with her employees for the dates of February 18 through February 21, 2021, in Rivera Maya, Mexico. This is a work-related bonding retreat for employees and their spouses.

5 Ms. Cudd has appeared at her scheduled court appearance, remains in constant contact with her attorney, and has remained in contact with pretrial probation, as ordered.

6 Ms Cudd’s Pretrial Services Officer, Christine Schuck, has been advised of this request and has no objection to Defendant’s travel request, stating she defers to the court.

7 Counsel for the government, David Kent, has been advised of this request and has advised “the government takes no position on Ms. Cudd’s request.”

WHEREFORE, Ms. Cudd respectfully requests that her travel request be granted, that she be permitted to travel to Mexico on February 18, 2021, and to return to the United States on February 21, 2021.

On February 4, 2021, MRT posted an article titled: “Grand jury indicts Jenny Cudd, Eliel Rosa on five federal charges”. It was written by Catlin Randle. From the article:

Midlanders Jenny Cudd and Eliel Rosa have been indicted on five federal charges for their participation in riots at the U.S. Capitol building on Jan. 6, according to a grand jury indictment filed Wednesday.

They’re each facing charges of obstruction of an official proceeding, remaining in a restricted building or grounds, disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building.

Cudd and Rosa were previously charged with misdemeanors for entering and remaining on restricted grounds and disorderly conduct or violent entry. Grand juries are required for the indictment of felonies at the federal level.

According to the indictment, Cudd and Rosa “unlawfully and knowingly” entered the Capitol building with the intent to disrupt Congressional proceedings while then Vice President-elect Kamala Harris and former Vice President Mike Pence were “temporarily visiting” the building.

The two Midlanders traveled to Washington, D.C., together and both entered the Capitol building after riots broke out there, according to posts on Cudd’s since-deleted social media pages. In an excerpt of one Facebook live video that went viral on Twitter, Cudd said, “We did break down Nancy Pelosi’s door and somebody stole her gavel.” She later denied entering any lawmakers’ offices in news interviews.

On Monday, Cudd’s attorney requested permission for Cudd to travel to Mexico for a “work-related bonding retreat.” A judge had not yet ruled on that motion to travel as of Thursday.

During a court appearance on Jan. 21, a federal judge revoked Cudd and Rosa’s travel privileges outside the continental U.S. They were also ordered not to travel to Washington, D.C., unless it was related to their case and to inform pretrial services of any travel within the U.S.

Cudd’s attorney stated that the trip to Riviera Maya, Mexico, was booked prior to the Capitol riots and prepaid. The “weekend retreat” for Cudd’s employees and their spouses is supposed to take place from Feb. 18-21.

A court hearing scheduled for Thursday has been moved to a later date.

On February 5, 2021, MSNBC reported: “…Before the judge could rule on the request, a grand jury on Wednesday charged Cudd with three additional crimes, including a felony for obstructing a congressional proceeding, which carries up to 20 years in jail. Given the additional charges, you would think Cudd’s application for a Mexico vacation would’ve been denied. But late on Friday, a judge granted Cudd’s request to leave the country and attend her getaway…

On January 5, 2021, CNN posted a document from the United States District Court for the District of Columbia. From the document:

ORDER

Defendant Jenny Louise Cudd seeks permission for pre-paid, work-related travel to Mexico from February 18, 2021 through February 21, 2021. … Neither Defendant’s Pretrial Services Officer nor the Government oppose this request… The Court also notes the Defendant has no criminal history and there is no evidence before the Court suggesting the Defendant is a flight risk or poses a danger to others. For these reasons, it is hereby

ORDERED that Defendant’s Unopposed [13] Motion to Travel is GRANTED; and further

ORDERED that Defendant shall provide her itinerary to her supervising Pretrial Services Officer and follow any other instructions provided by Pretrial Services.

SO ORDERED

Trevor N. McFadden, U.S.D.J.

On February 3, 2021, USA Today updated their article titled: “Capitol riot suspect asks court’s permission to vacation in Mexico”. It was written by Jayme Deerwester. From the article:

Corrections and clarifications: A federal magistrate has not granted permission for Jenny Cudd to leave the country, as indicated in a previous version of this story.

A woman accused of participating in the riot Jan. 6 at the U.S. Capitol asked a federal judge for permission to leave the country on vacation this month.

In a court filing Monday, lawyers for Jenny Louise Cudd, requested the court’s blessing to travel to Mexico’s Riviera Maya from Feb. 18-21 for a prepaid “work-related bonding retreat” with her employees and their spouses.

Cudd, a small-business owner in Midland, Texas, is on pretrial release after being charged with two misdemeanor offenses, including entering a federal building without permission and engaging in disorderly conduct…

…When filing motions, attorneys add prewritten text for the judge to sign when granting the order. The federal magistrate’s office said permission has not been granted and wouldn’t say when ruling might come. Attorney’s for Cudd did not respond to USA TODAY’s request for comment on the request.

Under the conditions of her release, Cudd is not allowed to travel to Washington unless it is for a court appearance or a meeting with her attorneys or pretrial service officer. She’s not allowed to travel outside Texas, and international travel must be approved by a judge…


The Former Air Force Reserve Officer

On January 10, 2021, The New York Times posted a photo (from Getty Images) in an article titled: “FBI Arrests Man Who Carried Zip Ties Into Capitol”. It was written by Adam Goldman and Katie Brenner. From the article:

The F.B.I. arrested two men on Sunday who were photographed in the Senate chamber clad in military-style clothing and holding zip ties, according to a statement issued by the Justice Department…

…The other man, Larry Rendell Brock, was arrested in Texas on the same charges after he was allegedly identified as one of the people who broke into the Capitol. The department said in its statement that images of a person who appeared to be him showed Mr. Brock clad in “a green helmet, green tactical vest with patches, black and camo jacket, and beige pants holding a white flex cuff, which is used by law enforcement to restrain and/or detain subjects.”

Mr. Brock’s ex-wife contacted the F.B.I. on Friday to say that she recognized him in a photograph taken inside the Capitol building during the riot, according to an F.B.I. affidavit…

…A second witness who identified Mr. Brock in photographs taken inside the building noted that the suspect had pilot wings on his chest in the picture, and that Mr. Brock was an Air Force pilot, the affidavit said. The witness also said that Mr. Brock worked at L3 Technologies, a defense contractor, and that his contacts at the company “knew he was flying to Washington, D.C.,” the witness told investigators…

On January 10, 2021, The Department of Justice U.S. Attorney’s Office District of Columbia posted an immediate release titled: “Two Men Charged in Connection with Events at U.S. Capitol”. From the immediate release:

…Larry Rendell Brock, of Texas, was charged with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Brock was arrested today in Texas.

It is alleged that Brock was identified as one of the individuals who unlawfully entered the U.S. Capitol wearing a green helmet, green tactical vest with patches, black and camp jacket, and beige pants holding a white flex cuff, which is used by law enforcement to restrain and/or detain subjects…

…These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Northern District of Texas and the U.S. Attorney’s Office for the Middle District of Tennessee. The cases are being investigated by the FBI’s Washington Field Office, the FBI’s Dallas Field Office, the FBI’s Memphis Field Office and the United States Capitol Police.

 The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.

On January 14, 2021, The Associated Press posted an article titled: “Prosecutor: Capitol rioter aimed ‘ to take hostages'”. It was written by Jake Bleiberg. From the article:

A retired Air Force officer who was part of the mob that stormed the U.S. Capitol last week carried plastic zip-tie handcuffs because he intended “to take hostages,” a prosecutor said in a Texas court on Thursday.

“He means to take hostages. He means to kidnap, restrain, perhaps try, perhaps execute members of the U.S. government,” Assistant U.S. Attorney Jay Weimer said of retired Lt. Col. Larry Rendall Brock Jr., without providing specifics.

The prosecutor had argued that Brock should be detained, but Magistrate Judge Jeffery L. Cureton said he would release Brock to home confinement. Cureton ordered Brock to surrender any firearms and said he could have only limited internet access as conditions of that release…

…Brock appeared in court in a light green jumpsuit, a mask and with shackles at his hands and feet…

…Before his arrest, Brock told The New Yorker magazine that he found the zip-tie cuffs on the floor and that he planned to give them to a police officer.

“I wish I had not picked those up,” he said.

There was no evidence presented that Brock had a firearm on the day of the Capitol riot…

On July 15, 2021, CNN updated an article titled: “Key arrests so far from the Capitol”. It was written by Jason Hanna, Katelyn Polantz and Marshall Cohen. From the article:

…Prosecutors say Brock, a 53-year-old retired Air Force Reserve officer from Texas, was photographed roaming the Senate chamber clutching a white flex cuff, which is used by law enforcement to restrain or detain subjects. Photos show the man sporting a military helmet, green tactical vest and black-and-camo jacket.

Brock was arrested January 10. He was charged with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority, and one count of violent entry and disorderly conduct on Capitol grounds, according toa Justice Department news release.

In an interview with the New Yorker, Brock denied he holds racist views and repeated President Donald Trump’s baseless assertions of election fraud.

He also said that he was opposed to vandalizing the building, and was dismayed when he learned of the extent of the destruction. “I know it looks menacing,” he told the New Yorker. “That was not my intent.”…


Guy Wearing a Proud Boys Shirt

On January 15, 2021, an Affidavit in Support of a Criminal Complaint was filed by a Special Agent with the FBI. The complaint was assigned to United States Magistrate Judge Robin M. Meriweather. From the Criminal Complaint:

…This affidavit is being submitted for the limited purpose of establishing probable cause to believe that BRIAN BETANCUR, also known as Bryan Clooney, also known as Maximo Clooney (hereinafter referred to as “BETANCUR”) has violated Title 18 U.S.C. § 1752, Restricted Buildings or Grounds; Title 40 U.S.C. § 5104(e)(2)(A) and (D), Unlawful Activities on Capitol Grounds, Parades, Assemblags and Display of Flags,…

BASIS FOR PROBABLE CAUSE

…On January 6, 2021, the exterior plaza of the U.S. Captiol was closed to members of the public…

…At approximately 2:00 p.m., certain individuals in the crowd forced theur 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, at approximately 2:15 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows. Shortly therafter, members of the United States House of Representatives and United States Senate, including President of the Senate, Vice President Pence, were instructed to – and did – evacuate the chambers. Accordingly, all proceedings of the United States Congress, including the joint session, were effectively suspended until shortly after 8:00 p.m., the same day.

In light of the dangerous circumstances caused by the unlawful entry to the U.S. Capitol, including the danger posed by individuals who had entered the Capitol without any security screening or weapons check, Congressional proceedings could not resume until after every authorized occupant had left the U.S. Capitol, and the building had been confirmed secured. The proceedings resumed at approximately 8:00 pm after the building had been secured. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the session resumed…

…BETANCUR is a self-professed white supremacist who has made statements to law enforcement officers that he is a member of several white supremacy organizations. BETANCUR has voiced homicidal idations, made comments about conducting a school shooting, and has researched mass shootings. BETANCUR voiced support for James Fields, the individual convicted for killing an individual with his car during protests in Charlottesville, Virginia. BETANCUR has stated he wanted to run people over with a vehicle and kill people in a church. BETANCUR subsequently stated he had changed his mind aobout hurting people.

After being released following a conviction for fourth degree burglary, BETANCUR continued to engage racially motivated violent extremist groups on the internet. BETANCUR also made increased verbalizations about his desire to be a “lone wolf killer.” BETANCUR has repeatedly violated the terms of his parole and probation…

…Preceeding the events on January 6, 2021, BETANCUR resided in Silver Spring, Maryland. BETANCUR lived with his mother following BETANCUR’s release from custody in November 2020 for a previous violation of his probation. BETANCUR received permission to leave the state of Maryland on January 6, 2021, in order to distribute Bibles with an organization called Gideon International. BETANCUR previously recieved similar permission to go to Washington, D.C. with this group…

…BETANCUR traveled to the Parole and Probation office in person on January 5, 2021, and made a formal request to travel to Washington, D.C., to W-1’s supervisor. The supervisor approved BETANCUR’s request.

BETANCUR wears a Global Positioning System (“GPS”) enabled monitoring device under the terms of his probation. Maryland Department of Public Safety and Correctional Services, Division of Parole and Probation agents use an online software to monitor their clients travel and adherence to court ordered curfews…

…Based on GPS data and conversations with Maryland Department of Public Safety and Correctional Services, Division of Parole and Probation agents, your affient believes BETANCUR was in the vicinity of the U.S. Capitol from approximately 2:00 pm to approximately 5:00 pm on January 6, 2021. Based on your affiant’s review of videos and photographs of the events of that day, BETANCUR’s location appears to be inside the initial position of U.S. Capitol Police barricades, and inside the area restricted on that day…

…Based on my training and experience, and my knowledge of the facts uncovered in this investigation to date, I believe that at no time on or before January 6, 2021, was BRYAN BETANCUR granted permission or authorized by rule to enter restricted grounds around the Capitol, nor did he, at any time, have authorization to assemble, display flags, or parade on the Grounds or in the Capitol Building…

On January 19, 2021, NPR posted an article titled: “Maryland Man Arrested After GPS Unit Allegedly Shows He Was At Capitol Riot”. It was written by martin Austermuhle. From the article:

A Silver Springs man who prosecutors say is a professed white supremacist has been charged illegally entering and remaining in a restricted area around the U.S. Capitol on Jan. 6. Investigators say their case relies in part on location data produced by the GPS unit that the man was wearing for a prior offense.

Bryan Betancur is one of dozens of people that have been arrested in the wake of the insurrection at the Capitol. He was arrested on Sunday, and is expected to make his first court appearance in D.C. on Monday afternoon.

A screenshot from Betancur’s Instagram account allegedly shows him outside the U.S. Capitol on Jan. 6 flashing a sign linked to a white supremacist groups…

…The FBI also says that a confidential informant also provided images of Betancur outside the Capitol holding a Confederate flag and wearing a Proud Boys t-shirt while flashing a symbol associated with the group, which has engaged in violence and has been linked to white supremacist groups…


The Former Olympic Swimmer Guy

On January 6, 2021, a Crimimal Complaint was written by a Special Agent of the FBI. It was sent to United States Magistrate Judge Robin M. Meriweather. From the Criminal Complaint:

…The United States Capitol (the Capitol), which is located at First Street, SE, in Washigton, D.C., is secured 24 hours a day by United States Capitol Police (Capitol Police). Restrictions around the Capitol include permanent and temporary security barriers and posts manned by Capitol Police. Only Authorized people with appropriate identification are allowed access inside the Capitol. On January 6, 2021, the exterior plaza of the Capitol was closed to members of the public…

…At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades and Capitol Police officers, and the crowd advanced to the exterior facade of the building. The crowd was not lawfully authorized to enter or remain in the building and, prior to entering the building, no members of the crowd submitted to security screenings or weapons checks by Capitol Police Officers or other authorized security officials…

…During national news coverage of the aformentioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicting evidence of violations of local and federal law, including scores of individuals inside the Capitol building without authority to be there.

A search of open sources revealed a video credited to Townhall Media, a political news organization, depicting various events that occured at the Capitol on January 6, 2021. At approximately twelve minutes and fifty-two seconds into th video, an individual (PERSON 1) is visible in the United States Capitol Rotunda (the Rotunda), wearing a dark-colored jacket with the markings “USA” in white printed letters on the back…

…Begining at approximately thirteen minutes and six seconds, law enforcement offices attempt to remove individuals from the Rotunda and continue to do so for the next several minutes of the video. At approximately fourteen minutes and thirty-eight seconds, PERSON 1 is still in the Rotunda, and the back of his jacket is again visible. PERSON 1 stands taller than a number of the individuals around him and can clearly be seen as law enforcement officers repeatedly attempt to remove him and others from the Rotunda.

At fourteen minutes and forty-one seconds, law enforcement officers appear to push PERSON 1 from behind. PERSON 1 can be seen standing in the Rotunda, still wearing the dark-colored USA jacket, which also appears to bear a Nike logo on the front right side and a red and white Olympic patch on the front left side…

…Continuing through the video, at fourteen minutes and fifty-three seconds, law enforcement officers try to remove PERSON 1, among other individuals, from the Rotunda. PERSON 1’s bearded face is clearly visible…

…Additional open-source research revealed that media outlets such as SwimSwam, a news organization that covers competitive swimming and other related sports, identified this individual as possibly KLETE DERIK KELLER. Your affiant has confirmed this identification…

…Based on the forgoing, your affient submits that there is probable cause to believe that KLETE DERIK KELLER violated 18 U.SC. § 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; and (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 buildings or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; or attempt or conspire 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 Prsident 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 affient submits there is also probable cause to believe that KLETE DERIK KELLER violated 40 U.S.C § 5104(e)(2), 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 eithr House of Congress; (E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.

Finally, your affiant submits there is probable cause to believe that KLETE DERIK KELLER violated 18 U.S.C. § 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes.

On January 12, 2021, The Hill posted an article titled: “Gold medalist Olympic swimmer recognized amid Capitol mob”. It was written by Celine Castronuovo. From the article:

…Keller had most recently worked as a real estate agent in Colorado Springs with the agency Hoff & Leigh. While the company initially confirmed Keller’s employment to SwimSwam, Hoff & Leigh had removed Keller’s profile from its website by Monday night.

When contacted by The [New York] Times, a woman who answered the phone at the company Tuesday said, “We can’t give out any information o nthat at thsi moment.”

A spokesperson for Hoff & Leigh initially declined to comment when contacted by The Hill Tuesday, though the company later released a statement saying that Keller, an independent contractor, “resigned from the company,” effective immediately.

“Hoff & Leigh supports the right of free speech and lawful protest but we cannot condone actions that violate the rule of law,” Hoff & Leigh added in the statement. “We pride ourselves on our deeply held core values of family, loyalty, community and stewardship. We continue to stand by these values.”…

On January 18, 2021, The New York Times updated their article titled: “Olympic Gold Medalist Was Part of Crowd That Invaded Capitol”. It was written by Karen Crouse and Victor Mather. From the article:

Klete Keller, a champion swimmer who won two Olympic gold medals as a relay teammate of Michael Phelps, was identified by former teammates and coaches as a member of the crowd that surged into the U.S. Captiol during violent protests on Wednesday.

A video posted by a reporter from a conservative outlet, Townhall, appeared to show the 6-foot-6 Keller towering over a crowd that was pushing and shoving with police officers who were trying to clear the Capitol Rotunda.

Several former teammates and coaches said they recognized Keller in the video because of his size and because he was wearing a U.S. Olympic team jacket that had “USA” printed across the back and down the sleeves…

…A swimming news site, SwimSwam, first reported Keller’s presence at the Capitol riot on Monday. The video had been circulating in the swimming community since last week, and several people who saw it are said to ahve reported Keller to the authorities…

…On Tuesday night, the Colorado real estate firm that employed him for the past three years, Hoff & Leigh, announced that Keller had resigned “effective immediately.”

“Hoff & Leigh supports the right of free speech and lawful protest but we cannot condone actions that violate the rule of law,” the company said in a brief statement…

…No video has emerged of Keller participating in any violent acts in the Capitol, but his mere presence in the building, if confirmed by the authorities, may have placed him in legal jeopardy…

On January 18, 2021, The New York Times updated an article titled: “Klete Keller, Olympic Swimmer, Is Charged in Capitol Seige”. It was written by Kevin Draper. From the article:

…The F.B.I. special agent who wrote the charging documents said that additional publicly available videos and articles had confirmed Keller’s presence at the Capitol, and that the photograph from his Colorado driver’s license had been used to identify him…

…The charging documents, filed in United States District Court for the District of Columbia, do not expansively describe what Keller did in the Capitol beyond the fact that officers attempted to remove him and others around him from the Rotunda. He was charged with obstructing law enforcement, knowingly entering or remaining in restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds…

On January 19, 2021, The Guardian posted an article titled: “Klete Keller: why did an Olympic champion invade the US Capitol?” It was written by Tom Dart. From the article:

…Keller, who lives 1,700 miles away from Washington in Colorado Springs, was arrested last week on charges of disorderly conduct, obstructing law enforcement, and illegally entering a restricted area. He was released after an initial appearance in federal court in Denver.

He has not commented in public, so the reason for his actions during the deadly demonstration-turned insurrection on the day Congress met to certify Joe Biden’s election victory are unclear. What is certain is that, like many athletes before him, he found it hard to adjust to ordinary life after an extraordinary sporting career…

…No evidence has emerged to suggest that he was involved in fighting or looting at the Capitol…


Guy Wearing Glasses, a Brown Coat, and a Backpack and Carrying an American Flag

On January 12, 2021, a Statement of Facts was written by a Special Agent for the FBI. The Statement of Facts was assigned to U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

…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 closed to members of the public…

…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. t 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, by breaking windows…

…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.

Media coverage of these events and photographs posted to social media showed one of the rioters who entered the Capital building and the below individual dressed in a brown/tan coat, wearing a hat and glasses, and a backpack on his back. The individual carried an American flag in his hand…

…In fact in the social media post immediately above for an account for Kevin Loftus, stated that “i am wanted by the FBI for illegal entry” in a reference for his unlawful entry into the U.S. Capitol. In addition, on January 8, 2021, agents from the FBI interviewed WITNESS ONE who identified the person depicted in the above photos as KEVIN DANIEL LOFTUS. WITNESS 1 stated IT went to school with LOFTUS and immediately knew it was LOFTUS in the photos posted on Facebook and included herein. WITNESS 1 stated IT was 100% sure on the individual depicted in the photos was LOFTUS. Your affiant has viewed pictures posted to the Facebook account for Kevin Loftus on January 8, 2021, in which LOFTUS bears these same distinctive appearance. Finally, LOFTUS has also been identified by law enforcement through open source data bases, including his Wisconsin DMV driver’s license photo, as the person depicted inside the Capitol and on the Senate dias on January 2021.

Moreover, on January 9, 2021, during an interview of LOFTUS conducted by the FBI in Eau Claire,Wisconsin, LOFTUS admitted to walking inside the U.S. Capitol on January 6, 2021. LOFTUS also admitted to walking on what he thought was the top floor of the U.S. Capitol where LOFTUS took several photos while he was inside the building walking around.

Based on the foregoing, your affiant submits that there is probable cause to believe thatLOFTUS 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 LOFTUS 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.

On January 13, 2021, The Wisconsin State Journal posted an article titled: “Eau Claire man arrested in attack on US Capitol”. It was written by Chris Ricket. From the article:

…Kevin Daniel Loftus, 52, of Eau Claire, faces two federal misdemanors for knowingly entering and remaining in a restricted building or grounds without lawful authority, violent entry and disorderly conduct on the Capitol grounds.

He appeared by video for a brief court hearing in federal court in Madison on Tuesday, when Magistrate Judge Stephen Crocker said he can be released from custody but must remain in Eau Claire or Chippewa counties. Because he has a history of drunken driving, he was ordered not to use alcohol, and he cannot possess any firearms or attend any demonsstrations.

Crocker also told Loftus he is not to obstruct justice in any way, flee or commit any other crimes. If he does, Crocker said, Loftus could find himself back in custody…

…Loftus, 52, has no criminal record in Wisconsin, according to online court records…

…The complaint says the FBI interviewed Loftus on Saturday in Eau Claire and that he admitted :to walking inside the U.S. Capitol on January 6, 2021.

“Loftus also admitted to walking on what he thought was the top floor of the U.S. Capitol where Loftus took several photos while he was inside the building walking around,” the complaint says.

A photo posted to Loftus’ Facebook account on Monday shows him wearing a red “Make America Great Again” hoodie along with other demonstrators at what appears to be the U.S. Capitol Grounds.

A post from Sept. 25 shows him in a red “Keep America Great” cap holding a “Veterans for Trump sign.

In the FBI photo, he appears to be wearing a sweatshirt with a logo for the QAnon conspiracy theory…


Guy who Attended “Stop the Steal” Rally With Parents

On February 2, 2021, a Special Agent with the FBI wrote a Statement of Facts that was sent to U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…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 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…

…As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the outiside 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 such time, the certification proceedings were 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 U.S. Capitol; however, around 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…During national news coverage of the aforementioned events, video footage 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.

As a part of the investigation into the events of January 6, 2021, the FBI created “Be on the Lookout,” or “BOLO,” fliers for individuals who were captured on video or in photos inside the Capitol building. The BOLOs were then disseminated to the public with requests to contact the FBI with any information about the identity of the individual depicted in the BOLOs. The BOLOs were numbered.

On January 14, 2021, an individual who identified themselves by first name and by where they work (hereinafter “Person 1”) sent an email tip to the FBI identifying the individual in BOLO #77 as Benjamin Torre (“TORRE”). In the tip, Person 1 indicated how they knew TORRE and also provided Torre’s place of employment, which Person 1 stated was in Dawsonville, Georgia. Person 1 also stated TORRE lived in Gainsville, Georgia. Person 1 further advised that they knew that TORRE had admitted to other people that he had been at the U.S. Capitol on January 6, 2021, and that he had entered the building.

Law enforcement conducted a search and learned that a Benjamin Henry TORRE had a driver’s license in the state of Georgia and an address in Dawsonville, Georgia… An open-source social media search returned an Instagram page for a “Ben Torre” … A review of publicly available Instagram posts showed that TORRE was tagged in two photographs by an individual who law enforcement later learned had the same name as TORRE’s brother. One photograph in which TORRE was tagged was a photo of a boat with a “Trump 2020” flag and two young men in the boat. The photo was dated on Instagram October 24, 2020.

The second Instagram photograph in which TORRE was tagged and posted by the same user. It was a photograph of the Lincoln Memorial at night and was dated on Instagram January 7. The location was listed on Instagram was Washington, D.C. Another Instagram user inquired of the post, “Did ya storm the capital [sic] [arm flex emoji].” The poster replied “no and i think it was wrong that we did.”

On January 21, 2021, FBI agents interviewed TORRE at his home in Dawnsonville, Georgia. TORRE’s parents were present for the interview. During the interview, TORRE admitted that he entered the U.S. Capitol building. TORRE stated that he drove to Washington, D.C., with his family, including his parents, on January 4, 2021. According to TORRE, he did not go to the rally as part of any group, but because he is a “patriot.” TORRE stated that he attended the “Stop the Steal” rally, during which he heard President Trump tell the crowd to “peacefully march to the Capitol.”..

…TORRE admitted that he entered the U.S. Capitol building by climbing through a broken window. He stated that the window had been broken previously. According to TORRE, after he climbed through the window and entered the building he noticed a piece of large furnature that had “fallen over.” and officers standing nearby. TORRE reported that the officers “helped us in Capitol,” in that they did not shout or try to stop them from coming into the Capitol. TORRE further stated that he nodded at the officers, and continued into the building…

…TORRE claimed that he did not damage any property or engage in violence while in the building. TORRE stated that he got caught up in the moment when he entered the Capitol, and that some day he could tell his children that he was there that day. TORRE showed agents a photograph on his mobile phone of himself inside the Capitol building on January 6, 2021. TORRE identified himself in the photograph. In the photo, TORRE was posting with a companion, who he refused to identify, and police officers. The agents observed that TORRE was waring the same clothing in the photograph as he was wearing in BOLO #77…

…Based on the foregoing, your affiant submits that there is probable cause to believe that BENJAMIN HENRY TORRE violated 18 U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowlingly enter or remain in any restricted building or grounds without lawful authority to do: business or official functions, engage in disorderly or discruptive 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 or 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 also submits that there is also probable cause to believe that BENJAMIN HENRY TORRE violated U.S.C. § 5104(e)(2)(C)(i), (D) & (G) which makes it a crime to willfully and knowingly (C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or desiginated of the use of – (i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or (ii) the Library of Congress; (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 of either House 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 Building…

On February 9, 2021, The Telegraph posted an article titled: “Georgia man went to Trump rally with his parents – and then stormed the Capitol, feds say”. It was written by Hayley Flowler. From the article:

…Benjamin Henry Torre was arrested Tuesday and charged with entering a restricted building, violent entry and disorderly conduct on Capitol grounds, according to the U.S. Department of Justice.

Torre, who lives in Dawsonville, told investigators he went to Washington D.C., with his parents to attend the “Stop the Steal” rally and marched on the Capitol at Trump’s direction, court documents show. He reportedly entered the Capitol through a broken window and told investigators police helped him, prosecutors said…

…The FBI was tipped off from a person in Georgia who reportedly recognized Torre in a “Be On The Lookout” bulletin, according to an arrest warrant. Investigators found a photograph on his Instagram account from Jan. 7 depicting the Lincoln Memorial…

…But when agents interviewed Torre with his parents at his house on Jan. 21, he said he had been in Washington D.C., with his family and admitted to entering the Capitol during the riots…

…Torre told investigators he didn’t “damage any property or engage in any violence” at the Capitol but was “caught up in the moment” and “some day could tell his grandchildren that he was there that day,” the affidavit states…


Teenager Arrested On Charges of Breaching the Senate

On January 6, 2021, a Special Agent of the FBI wrote a Statement of Facts which was sent to U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…At such time, the certification proceedings were 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, around 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts.

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 authority to be there.

Beginning on or about January 8, 2021, the FBI received at least two tips identifying BRUNO JOSEPH CUA (“CUA”) as a participant in the January 6, 2021 riot at the Capitol.

COMPLAINANT #1 (“C1”), a sworn Law Enforcment Officer (“LEO”), reported CUA to the FBI on or about January 11, 2021. CI identified CUA in a photograph from a Washington, D.C. Metropolitan Police Department (“MPD”) presentation titled, “PERSONS OF INTEREST IN UNREST-RELATED OFFENSES.” C1 has had direct interactions with CUA, including in-person, through CIs official duties as an LEO in the jurisdiction where CUA lives in Milton, Georgia.

After a follow-up telephone interview with an FBI Agent on January 15, 2021, C1 provided a total of five screenshots/photographs to the FBI, including screenshots of the MPD presentation, and screenshots from CUA’s Instagram account…

…C1 identified CUA facing away from the camera, wearing jeans and a dark sweatshirt, holding a jean jacket with tan lining in his left hand, and wearing a red baseball hat with the number “45” on the right side of it in the two screenshots of the MPD presentation. C1 also identified CUA wearing the same clothing – including the red hat with the number “45” and the jean jacket with tan lining – in screenshots of two other undated Instagram posts from CUA’s Instagram account. CUA also appears to be similar height and build as the subject in MPD’s presentation, and has the same hair color. CUA’s jean jacket appears to be inside out in the two MPD presentation screenshots…

…On January 17, 2021, The New Yorker published a video titled, “A Reporter’s Video from Inside the Capitol Seige.” The video documents individuals as they fought their way inside the U.S. Capitol on January 6, 2021, and shows who made it all the way to the Senate floor.

The video shows CUA in the Senate Gallery at a video timestamp of approximately 4:21. At a timestamp of approximately 4:27, CUA is seen in front of a marble wall wearing the dark sweatshirt red hat and holding the same jean jacket from screenshots provided by C1. CUA is also holding a cellular phone and appears to be actively filming. At a timestamp of approximately 4:31, CUA is seen facing the camera, wearing the dark sweatshirt, holding the same jean jacket in his left hand, a cellular phone in his right hand, while wearing grey gloves…

…In a separate video captured by U.S. Capitol Police (“USCP”) closed circuit television (“CCTV”) cameras of the events of January 6, 2021, CUA is seen outside the Senate Gallery near S309 at a video timestamp of approximately 0:04. CUA is seen wearing jeans, with the same previously identified jean jacket, dark sweatshirt, and red hat, while holding what appears to be a baton in his right hand and a cellular phone in his left hand.

In the same video at an approximate timestamp of 0:16, CUA is seen outside the Senate Chamber doors, in a physical altercation with USCP plain clothes officers, still holding a baton in his hand. Specifically, CUA can be seen shoving USPC Officer G.L. (“G.L.”) in front of the door to the Senate Chambers. CUA is then seen entering the Senate Chambers through the open door at an approximate timestamp of 0.27…

…Based on the foregoing, your affiant submits there is probable cause to believe that CUA violated 18 U.S.C. § 111(a)(1), which makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person designated in 18 U.S.C. § 1114 as an officer or employee of the United States while engaged in or on account of the performance of official duties.

Your affiant submits there is also probable cause to believe that CUA violated 18 U.S.C. § 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes.

Your affiant submits there is also probable cause to believe that CUA violated 18 U.S.C. § 1512(c)(2), which makes it a crime to obstruct, influence, or impede any official proceeding, or attempt to do so. Under 18 U.S.C. § 1515, congressional proceedings are official proceedings.

Your affiant submits that there is also probable cause to believe that CUA violated 18 U.S.C. § 1752(a)(1), (2), and (4), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do; and (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; and (4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; 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.

Finally, your affiant submits there is also probable cause to believe that CUA violated 40 U.S.C. § 5104(e)(2)(A), (B), (C), (D), (F), 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; (B) enter or remain in the of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House; (C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of— (i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or (ii) the Library of Congress; (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; (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; and (G) parade, demonstrate, or picket in any of the Capitol Buildings.

On February 9, 2021, GPB (which is part of PBS and NPR) posted an article titled: “Georgia Teen Arrested On Charges Of Breaching Senate During Capitol Insurrection”. It was written by Stephen Fowler. From the article:

One of the youngest people arrested and charged in connection with a violent mob attack on the U.S. Capitol last month is an 18-year-old Milton resident, according to federal court documents released Monday.

According to court records, Bruno Cua allegedly made it all the way to the floor of the U.S. Senate and is accused of getting into a physical altercation with United States Capitol Police while holding a baton on his way into the chamber.

Cua, a pro-Trump teen who received a citation from Milton police for violating a public disturbance ordinance for flying a giant Trump flag through a school parking lot, was arrested Feb. 5.

Two days after the insurrection attempt, the FBI received tips about Cua’s involvement, a Milton police officer flagged Cua after a presentation of potential suspects on Jan. 11 and the sealed complaint was filed in the U.S. District Court for the District of Columbia on Jan. 29…

…A screenshot from Cua’s Instagram showed a story that said “Yes, for everyone asking I stormed the capital with hundreds of thousands of patriots… yes, we physically fought our way in.”

The FBI also said it identified Cua from a New Yorker video that allegedly shows the teen on the Senate floor, stating “They can steal an election, but we can’t sit in their chairs?” after a retired Air Force veteran told another rioter to leave a seat that was occupied by Vice President Mike Pence just minutes before.

According to the complaint, Cua has been charged with a number of crimes, including assaulting a Capitol Police officer, obstructing Congressional proceedings and engaging “in an act of physical violence in the Grounds or any of the Capitol Buildings.”

On February 6, 2021, The Atlanta Journal-Constitution upddated their article titled: “Metro Atlanta teen charged in U.S. Capitol attack”. It was written by Shaddi Abusaid.

A North Fulton County teenager is the latest to be arrested in last month’s attack on the United States Capitol.

Bruno Joseph Cua, 18, of Milton, was taken into custody Friday on charges “related to criminal acts” at the U.S. Capitol on Jan. 6, the FBI’s Atlanta office said in a tweet…

…His federal complaint hadn’t been made public late Saturday afternoon, so it wasn’t immediately clear what charges Cua faces or if he was among the group that stormed the Capitol as members of Congress attempted to certify the results of November’s presidential election…

On March 3, 2021, HuffPost posted an article titled: “MAGA Mom Whose Son Stormed Capitol Feels ‘Stupid’ For Buying Trump’s Vote Fraud Lies”. It was written by Ryan J. Reilly. From the article:

The mother of Bruno Cua – a Georgia 18-year-old who stormed the U.S. Capitol, pushed a cop and entered the Senate chamber with a baton after traveling to D.C. with his parents for Donald Trump’s rally – told a federal judge she felt “stupid” for buying into the former president’s lies about mass voter fraud.

Alise Cua and her husband, Joseph Cua, took their son to D.C. for the “Stop the Steal” rally, in which the then-president and his allies attempted to pressure lawmakers to overturn the results of the 2020 presidential election based on false conspiracy theories about mass voter fraud. Afterwards, the family members made their way to the Capitol and unlawfully entered restricted grounds. The younger Cua made his way inside and shoved an officer to get into the Senate chamber…

…Bruno Cua, who is currently detained in Oklahoma on his way to D.C., has been in government custody since last month, when a federal judge in his home state of Georgia ruled that his parents were inappropriate guardians and that Cua should be held until trial. Joseph Cua had testified in Georgia – a day before Republican senators voter to acquit Trump at his impeachment trial – that he as “embarassed” that he and his family bought into the conspiracy theories about a stolen election.

Alise Cua testified on Wednesday that she was similarly embarassed by her belief that the election was stolen from Trump, who lost the popular vote by 7 milluon votes and the Electoral College by a wide margin…

…Alise Cua’s voice broke up as she begged a federal judge to send her son home until his trial…

…U.S. District Judge Randolph Moss said he would further review evidence in the case and didn’t immediately rule on whether Bruno Cua would remain detained ahead of his trial.

…Bruno Cua’s attorneys – Jonathan Jeffress and William Zapf… wrote [Bruno Cua] was a “sheltered and vulnerable teenager whose view of the outside world largely revolved around social media.”

The government argued that Bruno Cua should be detained until hsi trial given his rhetoric and his lack of remorse even after the Capitol attack, when he continued using violent rhetoric about taking over the government by force…


The Guy Caught After Being Kicked Off a Flight

On January 9, 2021, a Special Agent with the United States Capitol Police wrote a Statement of Facts to U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…On January 8, 2021, at approximately 3:30 p.m., John LOLOS was aboard a Delta airline flight on the tarmac of Ronald Reagan Washington National Airport. LOLOS was a passener and was disturbing other passengers on the airplane by continuously yelling “Trump 2020!” Due to the continuing disturbance, the flight crew decided to turn the airplaine around and go back to the gate in order to escort LOLOS off of the flight. Metropolitan Washington Airports Authority Police Department (MWAA) Officer Braddock was allerged to LOLOS’s activity and witnessed him return to the gate. Delta booked LOLOS a later flight to his destination, and LOLOS continued to wait at the gate.

Approximately 45 minutes later, Officer Braddock was scrolling his personal Instagram feed and watched a video depicting several individuals exiting a doorway from the East front of the U.S. Capitol Building during the aforementioned events of January 6, 2021. During the video LOLOS can be seen exiting the U.S. Capitol doorway, wearing the same shirt he was wearing the airport, and was waving a red “Trump 2020 Keep America Great” flag hooked together with the United States flag, yelling “we did it, yeah!” after an unknown individual yelled, “we stopped the vote!” After Officer Braddock watched the video and confirmed that LOLOS was the same individual who was currently sitting at the gate, Officer Braddock alerted United States Capitol Police Dignitary Protection Division (DPD) Agents who were at the airport for other assignments. DPD then alerted United States Capitol Police Investigations Division of LOLOS’s activity and current location at the gate. DPD Agents informed LOLOS that he was being detained and was not free to leave at that point. DPD took LOLOS to a holding room at the airport.

Your affiant and Special Agent Kleitsch responded to the airport to make contact with LOLOS and attempted an interview of LOLOS. Upon arrival, LOLOS was advised of his Miranda rights; LOLOS did not wish to speak to your affiant or Special Agent Kleitsch without his attorney. LOLOS did provide his driver’s license with photograph to DPD agents which was then given to your affiant for review. Your affiant was also shown the Instagram video from the U.S. Capitol depicting LOLOS, and confirmed the subject in the video was indeed the same person at the gate and that LOLOS was wearing the same shirt.

Based off the aforementioned video, the driver’s license photograph, and the shirt he was wearing, your affiant placed LOLOS under arrest. While inventorying LOLOS’s property during his arrest, your affient discovered the same United States flag and red “Trump 2020 Keep American Great” flag, still hooked together, which are the same flags that LOLOS can be seen holding on video while exiting an East front door of the U.S. Capitol building, further corrorborating his involvement in the January 6, 2021 events.

Based on the foregoing, your affiant submits that there is probable cause to believe that John LOLOS 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; and (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 John LOLOS violated 40 U.S.C. § 5104(e)(2)(D) and (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 Buildingswith 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.

On January 26, 2021, The Hill posted an article titled: “Airport police officer identifies suspect in Capitol riot after disturbance on flight”. It was written by Celine Castronuovo. From the article:

A man kicked off a flight earlier this month now faces charges in connection with the deadly Jan. 6 Capitol riot after an airport police officer identified him.

According to federal court documents, John Lolos was kicked off a Delta Air Lines flight at Ronald Reagan Washington National Airport on Jan. 8 after he caused a disturbance by repeatedly shouting “Trump 2020!”

The airport police officer was “alerted to LOLOS’s activity and witnessed him return to the gate from the airplane, but did not detain or arrest LOLOS when he returned to the gate,” a federal affidavit says. “Delta booked LOLOS a later flight to his destination, and LOLOS continued to wait at the gate.”

The court filing then says that roughly 45 minutes later, the office was scrolling through his Instagram feed when he reportedly saw a video from the Jan 6. riot in which the man escorted from the plane “can be seen exiting the U.S. Capitol doorway, wearing the same shirt he was wearing at the airport.”…

…The officer then reportedly informed other officers of Lolos, at which point they detained him and found the same flags that appeared in the video in LOLOS’s possession.

Lolos now faces charges of unlawfully entering or remaining on restricted property, as well as violent entry and disorderly conduct on the Capitol grounds…


The “Bullhorn Lady”

On February 3, 2021, a Special Agent for the FBI wrote an Affidavit in Support of Criminal Complaint and Arrest Warrant for U.S. Magistrate Judge G. Michael Harvey. From the Affidavit:

…On January 6, 2021, a Joint Session of the United States House of Representatives and the United States Senate convened in the United States Capitol building (“the Capitol”) to certify the vote of the Electoral College of the 2020 U.S. Presidential Election (“Electoral College vote”)

The entire Capitol complex – including the Capitol building, the Capitol Visitor Center, and Capitol grounds to include the entire exterior plaza – was barricaded and off limits to the public on January 6, 2021.

On January 6, 2021, at approximately 1:00 p.m, the Joint Session convened in the Capitol building to certify the Electoral College vote. Vice President Michael R. Pence, in his constitutional duty as President of the Senate, presided over the Joint Session. Vice-President-Elect Kamala D. Harris, in her role as a Senator representing the State of California, was also present.

A large crowd began to gather outside the Capitol peremiter as the Joint Session got underway. Crowd members eventually forced their way through, up, and over Capitol Police barricades and advanced to the building’s exterior facade. Capitol Police officers attempted to maintain order and stop the crowd from entering the Capitol building, to which the doors and windows were locked or otherwise secured. Nonetheless, shortly after 2:00 p.m., crowd members forced entry into the Capitol building by breaking windows, ramming open doors, and assaulting Capitol Police officers. Other crowd members encoruaged and assisted the forced entry. The crowd was not lawfully authorized to enter or remain inside the Capitol, and no crowd member submitted to security screenings or weapons checks by Capitol Police or other security officials…

…During national news coverage of aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of scores of individuals inside the U.S. Capitol building without authority to be there, in violation of Federal laws. Photographs and video of several of these people were disseminated via social media and other open source online platforms. Those persons includes a female wearing a pink hat and a black jacket with a fur lined hoodie using a bullhorn to instruct others how to further gain control of the Capitol. The image… depicts this individual, highlighted with a red box, whom law enforcement has probable cause to believe is RACHEL POWELL, known to reside in Pennsylvania.

The video depicting RACHEL POWELL giving instructions with a bullhorn also depicts a group of individuals inside a room at the Capitol building discussing how to further penetrate the Capitol building. One individual is heard asking, “what’s the floor plan.” Another man with a helmet is heard shouting, “We just need a plan. We need enough people. We need to push forward.” Shortly after, RACHEL POWELL is clearly speaking through a bullhorn and giving very detailed instructions about the layout of the Capitol building to others inside the room. She can be heard stating that she had just been inside the Capitol Buildingin the adjacent room, and that they should “coordinate together if you are going to take this building.” She also notes that they “have another window to break.”

As part of the investigation, Law Enforcement identified multiple photos and videos that depict RACHEL POWELL… [An image]…depicts RACHEL POWELL, highlighted with a red box, within close proximity of a key access point to the Capitol that was the epicenter of visible assaults towards law enforcement officers protecting the Capitol.

Law Enforcement also identified photos and videos of RACHEL POWELL using a large pipe as a ramming device to breach windows of the Capitol to gain access… [an image]… depicts RACHEL POWELL, highlighted with a red box, handling a large pipe along with another individual wearing a green jacket, red and black backpack and a red hat, violenting ramming a window of the capitol…

….The image.. shows RACHEL POWELL wearing a pink hat and a black jacket with a fur lined hoodie as she is making her way to the window, she is later seen ramming with a large pipe.

The window damaged by POWELL using the pipe was worth more than $1,000…

…Video footage from the U.S. Capitol captures RACHEL POWELL at approximately 2:41 PM… entering the Capitol through the West Lower Terrace Exterior Door along with a large number of individuals who forced Law Enforcement to retreat towards the inside of the building. POWELL is holding a cell phone…

…On or about January 16, 2021, the FBI published an online poster seeking information… on a female wearing a pink hat and a black jacket with fur lined hoodie using a bullhorn to instruct others how to further gain control of the Capitol…

…As a result of the online poster, the FBI received an anonymous tip indicating that RACHEL POWELL was the individual in the FBI poster. The tip also included the Facebook account for RACHEL POWELL. A subsequent review of publicly available photos from this Facebook , depicts RACHEL POWELL…

…Additionally, publicly available photos from this Facebook account depicts RACHEL POWELL with the same set of earmuffs that she carried on January 6, 2021…

…On January 27, 2021, law enforcement received subpoena results for the aforementioned Facebook account. The subscriber information listed the name “RACHEL POWELL” and telephone number… as the most recently verified telephone number.

During the investigation, Law-enforcement authorities discovered that telephone number… is serviced by Verizon and linked to an Apple iPhone device. Additionally, law enforcement identifed that telephone number… was connecting to cell towers in Washington DC on January 6, 2021.

On Febuary 2, 2021, The New Yorker published an online article entitled: “A Pennsylvania Mother’s Path to Insurrection”. making references to an interview with RACHEL POWELL and quotes from the interview in which she admits being involved in the Capitol rioting. In reference to the events of January 6, 2021, RACHEL POWELL is quoted in the article “Listen, if somebody doesn’t help and direct people, then do more people die?” and “That’s all I’m going to say about that. I can’t say anymore. I need to talk to an attorney.”

CONCLUSION OF AFFIANT

Based on the foregoing, your affiant submits that there is probable cause to believe that RACHEL POWELL violated:

18 U.S.C. § 1512(c), which makes it a crime to obstruct, influence, or impeded any official proceeding, or attempt to do so;

18 U.S.C. § 1361, which makes it a crime to willfully injure or commit any depredation against any property of the United States;

18 U.S.C. § 1752 (b)(1)(A); which makes it a felony offense to violate 18 U.S.C. § 1752 using or carrying a dangerous weapon;

18 U.S.C. § 1752(a) 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 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 (4) knowingly engage in any act of physical violence against any person or property in any restricted buildings or grounds; 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 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; and

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 commitee of Congress of either House of Congress; (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.

As such, I respectfully request that the court issue an arrest warrant for RACHEL POWELL…

On February 4, 2021, The Hill posted an article titled: “FBI in Pittsburgh searching for ‘bullhorn lady’ from Capitol riot”. It was written by John Bowden. From the article:

FBI agents on Thursday raided the home of a Mercer County, Pa., woman who was identified as one of the rioters who breached the U.S. Capitol during the Jan. 6 riot.

A spokesperson for the FBI’s Pittsburgh field office confirmed to CBS affiliate KDKA that their agents were searching for the whereabouts of Rachel Powell, identified on Tuesday in a New Yorker article as the “bullhorn lady” seen wearing a distinctive pink hat during the riot…

Powell was identified by The New Yorker’s Ronan Farrow in an investigative piece published Tuesday which described her as “a forty-year-old mother of eight from western Pennsylvania” active in local community farmers’ markets who began falling in to conspiracy theories over the past year…

On February 5, 2021, CBS News updated an article titled: “Capitol riot’s suspected “bullhorn lady” Rachel Powell taken into custody.” From the article:

Rachel Powell, a single mother of eight suspected of playing a role in the assault on the U.S. Captiol, was taken into custody in Pennsylvania on Thursday night, federal authorities confirmed to CBS News on Friday. The FBI raided her home Thursday searching for evidence to help build a case against her, CBS Pittsburgh reports.

Neighbors say Powell and some of the younger children hadn’t been seen for a week or more.

Powell faces multiple charges, including violent entry or disorderly conduct, and obstruction and depredation of government property. She made a brief appearance by video conference before a federal magistrate Friday afternoon, and she was ordered to remain in custody until her next hearing on Tuesday.

Powell turned herself in after learning she was facing criminal charges, her attorney, Michael Engle, told the Associated Press. “She wanted to turn herself in to face these charges and address them head-on,” he said…

…Powell can clearly be seen in videos taking a battering ram to the Capitol during the January 6 assault.

She’s become known as “the bullhorn lady” who seemed to have knowledge of the Capitol building’s floor plan. She was seen on video instruction insurrectionists on where to go.

Powell is of special concern to federal investigators because if she had that knowledge, it could indicate the assault was pre-planned…


Guy who Brought Guns and Threatened to Kill Nancy Pelosi

On January 13, 2021, The Denver Post posted an article titled: “Colorado man who threatened to kill Nancy Pelosi brought guns and 2,500 rounds to D.C., feds say”. It was written by Shelly Bradbury. From the article:

A Colorado resident who threatened to kill House Speaker Nancy Pelosi last week and drove to Washington D.C., intending to take part in the riot at the U.S. Capitol was armed with an assault rifle, handgun, and 2,500 rounds of ammunition when he made the threat, according to federal court documents filed Wednesday.

Cleveland Grover Meredith Jr., was charged with making the threat and illegally possessing a gun and ammunition, according to a federal criminal complaint filed in the U.S. District Court for the District of Columbia.

Meredith missed the riot at the Capitol because he had to stop for car repairs during the drive from Colorado, according to authorities.

He arrived in Washington late on Jan. 6, and in a text message the next day, wrote that he wanted to “put a bullet in (Pelosi’s) noggin,” among a variety of other threats, according to the complaint.

Meredith’s ammunition stockpile included at least 320 “armor-piercing” rounds, according to a request for pre-trial detention filed Wednesday.

…Meredith also threatened to behead people, texting on Jan. 6 that he was, “Ready to remove several craniums from shoulders,” according to the complaint, which says he has a history of mental illness and regularly uses marijuana, which is legal in Colorado. Meredith also texted about killing the mayor of Washington.

He was arrested in a hotel room in Washington, D.C., on Thursday, and federal prosecutors said Wednesday that he should remain in jail while his criminal case is pending…

On January 13, 2021, the Government’s Memorandum in Support of Pretrial Detention was written in regards to the case United States of America v. Cleveland Grover Meredith, Jr. From the Memorandum:

The United States of America, by and through its attorney, the United States Attorney for the District of Columbia, respectfully submits this memorandum in support of its oral motion that the defendant be detained pending trial pursuant to 18 U.S.C. §§ 3142(f)(1)(D), (f)(1)(E) and (f)(2)(A) of the federal bail statute. The government requests that the following points and authorities, as well as any other facts, arguments and authorities presented at the detention hearing, be considered in the Court’s determination regarding pre-trial detention.

Background

The defendant has been charged by complaint in United States District Court for the District of Columbia with Interstate Communication of Threats, in violation of Title 18 U.S.C § 875(c). In addition, he is charged in District of Columbia Superior Court with 7 D.C. Code §§ 2502.01(a) and 2506.01(a)(3). No conditions or combination of conditions can ensure the community’s safety and his return to this jurisdiction for future court proceedings. As such, he should remain held pending trial.

A. The defendant arrived on January 6, 2021, in Washington D.C. with an assault style rifle, a Glock firearm with high capacity magazines, and over 2,500 rounds of ammunition.

The defendant, a resident of Colorado, drove his truck and an attached trailer to Washington D.C, arriving in Washington, D.C. late on January 6, 2021. At the time of his arreston January 7, 2021, the defendant was in possession of two firearms; a Glock nine millimeter G19 and a Tavor X95 rifle equipped with a telescopic sight. SeeGovernment Exhibit 1. The defendant was also in possession of several high capacity magazines and approximately 2,500 rounds of ammunition of various caliber, including at least 320 rounds of “armor-piercing” 5.56 rounds…

B. Between January 4 and January 7, 2021, the defendant transmitted numerous communications to several individuals in which he threatened to commit violence in Washington, D.C.

Prior to and after arriving in Washington, D.C., the defendant made numerous threatening communications. These texts were recovered from the defendant’s cell phone and were exchanged with several individuals. In an interview conducted at the time of his arrest, the defendant admitted that he sent the texts contained on his cell phone. Texts of particular concern include the following, ordered chronologically:

January 4, 2021

The defendant sent a text to which he attached a link to a media story titled, “D.C. Mayor Calls Out National Guard for Pro-Trump Stop the Steal Rallies; Urges People to Stay Away from City.” In the same text, the defendant states, “This is gunna b AWESOME [sic].” Later the defendant sent a text stating, “We’re gonna surround DC and slowly constrict.” Apparently under the impression that law enforcement was monitoring his communications, the defendant later sent a text stating, “I’m harmless . . . I won’t fire until ordered SIR!”

January 6, 2021

While in route to Washington, D.C., the defendant received a text that stated, in part, “Trump supporters have violated several layers of security fending [sic] at the Capitol building in Washington, D.C., prompting clashes with riot police.” The defendant responded to this text, stating, “Burn DC to the FKG ground.” Shortly later, he received another text which stated, “It’s on, people in the whitehouse.” Later the defendant sent a text that stated, “3.5 hours away from FUN.”

On the same date, the defendant received a text that stated, “Pence blew it.” The defendant responded to this text, stating, “War time.”

Later the defendant received texts describing the incident that occurred at the Capitol. The defendant responded to these texts, stating, “Ready to remove several craniums from shoulders.” Shortly afterwards, the defendant sent a text that stated, “I’m so ready to FK SOME TRAITORS UP.”

On the same date, the defendant sent a text that stated, “I’m gonna collect a shit ton of Traitors heads.” Later the defendant sent texts that stated, “Hauling ass, 3.5 hours from target practice,” and, “It ain’t just me, someone has to take the TRASH out, FK THESE MTHRFKRS.”

January 7, 2021

After arriving in Washington, D.C., the defendant sent a text that stated, “I may wander over to the Mayor’s office and put a 5.56 in her skull, FKG cunt.” He also wrote, “I hope you’re reading this Mr. FBI agent, FK U.” Later that same day the defendant sent a text that stated, “Strategizing on best way to assault this city . . . do I go in fast on Sportbike or do I go in the back door on dirt bike . . . Staying one more day since I got here late, need to FK with these commies.” Shortly later, the defendant received a text that stated, “Mayor is on tv. Called yesterday domestic terrorism. Stupid bitch.” In response, the defendant sent a text that stated, in part, “CUNT.” Later the defendant sent a text stating, “Thinking about heading over to Pelosi CUNT’s speech and putting a bullet in her noggin on Live TV.” The defendant also sent a text stating, “You get that one Mr. Marxist FBI Agent? Go FK yourself.” The defendant later sent texts that stated, “I’m gonna run that CUNT Pelosi over while she chews on her gums,” and “Dead Bitch Walking.” He then sent a text stating, “I predict that within the next 12 days, many in our country will die.”

Later on the same date the defendant wrote, “I ain’t goin to jail, the morgue maybe, not jail.” He subsequently received a text, asking him, “What are you up to? Stirring the pot somewhere[?].” In response, the defendant sent a text that stated, “Maybe just a little . . . In hotel room chillin, may head to lobby in a bit, bunch of Patriots still here.” Shortly later, the defendant sent a text that stated, “Calm before the STORM.”

C. The defendant committed an assault in Washington D.C. shortly after his arrival on January 7, 2021: the defendant is a habitual drug user with a history of mental illness.

On January 7, 2021, the defendant assaulted a person in Washington, D.C. According to an affidavit submitted to the Superior Court of the District of Columbia in support a search warrant, the defendant exited his vehicle, head-butted the complainant, knocked him to the ground, and assaulted him on the ground. (D.C. Superior Court Affidavit, Exhibit 10, at 1.) The defendant then fled in his vehicle. (Exhibit 10 at 1.)By his own admission, the defendant is a habitual user of marijuana and has a history mental illness…

…Nature and Circumstances of the Offenses Charged

The defendant is charged by complaint with interstate communication of threats. The nature and circumstances of this charge are set forth fully above. The first factor, the nature and circumstances of the offense charged, clearly weighs in favor of detention. Here, the defendantcommunicated numerous threats to commit acts of violence in Washington, D.C. As set forth in the complaint, the defendant threatened, among other things, to kill the Speaker of the U.S. House of Representatives, Nancy Pelosi. Evidence further shows that the defendant threatened to kill the Mayor of Washington. At the time he made these threats, the defendant had the means to carry them out. Specifically, he was in possession of two firearms, including one equipped with a telescopic sight, several high capacity magazines, and approximately 1,000 rounds of ammunition of various caliber, including “armor piercing” rounds. Finally, after arriving in Washington, D.C., the defendant engaged in an act of violence by assaulting a pedestrian, unprovoked, and then fleeing in his vehicle. Given these facts and circumstances, the defendant should remain detained…

…Danger to the Community

The fourth factor, the nature and seriousness of the danger to any person or the community posed by the defendant’s release, also weighs overwhelmingly in favor of detention. Over the course of three days, the defendant made numerous threatening communications, threatening to murder specific high public officials and “traitors” more generally. He threatened other acts of violence, including “surrounding” and “constricting” Washington, D.C. His texts also reflect that he “strategized” how best to “assault” Washington, D.C. as well as his desire to “burn DC to the FKG ground.”

His threats were graphic—he threatened to shoot a public official on live television, to put a bullet in her head. His threats were vulgar and misogynistic. What is more, the defendant clearly took great pleasure in envisioning violence, which he described as “fun” and “target practice.” A clearly disturbed, deranged, and dangerous individual that fantasizes about committing horrific acts of violence and takes countless steps to carry them out by driving across several states with a trailer stocked with thousands of rounds of ammunition and multiple firearms—including an assault style rifle—should not remain in the community. Pre-trial detention is thus necessary to ensure that the residents and leaders of this community—and any other across the country that is comprised of people against whom the defendant harbors extreme political and racial animus—remain protected…

On January 15, 2021, CBS News posted an article titled: “‘A certain danger”: Judge detains man accused of threatening Nancy Pelosi and D.C. mayor.” It was written by Erin Donaghue. From the article:

A man accused of threatening to kill House Speaker Nancy Pelosi and Washington D.C., Mayor Muriel Bowser in distrubing text messages last week has been detained before trial. A judge on Thursday said 53-year-old Cleveland Meredith of North Carolina would post a “certain danger” to the community were he to be released.

U.S. Magistrate Judge Michael Harvey said the government has a strong case to prove Meredith a “true threat,” meaning that he communicated a serious intent to cause harm in the wake of the January 6 assault on the Capitol. Harvey called Meredith’s alleged threats “numerous, graphic, and of a level of intensity of concern to the court.”

“If I had a more concerning threats case come before me, I don’t remember it,” Harvey said. “It’s certainly right up there.”…

…[Mr. Meredith’s attorney Assistant Federal Public Defender Ubong] Akpan said Meredith would be willing to adhere to strict conditions of pre-trial release, including GPS monitoring. But Harvey dismissed the suggestion as he addressed Meredith: “GPS monitoring is imperfect, and I don’t think we have room for error when it comes to you.”

“I do not believe I could fashion conditions that would assure the safety of the community frankly any community at this time,” Harvey said.

A pre-trial hearing is scheduled in the case for January 28.


The Rocky Mountain Police Officer Guys

On January 13, 2021, The Department of Justice U.S. Attorney’s Office District of Columbia posted an immediate release titled: “Two Off-Duty Virginia Police Officers Charged in Federal Court Following Events at the U.S. Capitol”. From the release:

Two off-duty Rocky Mount, Virginia police officers were charged yesterday in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.

Jacob Fracker and Thomas Robertson were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Both defendants were arrested January 13, 2021, in Virginia. It is alleged that during the events at the U.S. Capitol, Fracker and Robertson were photographed in the Capitol building making an obscene gesture in front of the John Stark statue.

On social media, Robertson is quoted as saying, “CNN and the Left are just mad because we actually attacked the government who is the problem and not some random small business… The right IN ONE DAY took the f****** U.S. Capitol. Keep poking us.” He also stated that he was “proud” of the photo on an Instagram post that was shared to Facebook, because he was “willing to put skin in the game.” On Facebook, Fracker posted a comment that read, “Lol to anyone who’s possibly concerned about the picture of me going around… Sorry I hate freedom?… Not like I did anything illegal… y’all do what you feel you need to.” The post has since been deleted.

These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Western District of Virginia. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.

The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty…

On January 15, 2021, CNN updated an article titled: “Key arrests so far from the Capitol riot”. It was written by Jason Hanna, Katelyn Polantz, and Marshall Cohen. From the article:

…Robertson and Fracker, two officers with Virginia’s Rocky Mount Police Department, were charged with entering restricted grounds and violent entry or disorderly conduct on Capitol grounds, according to federal court documents released January 13.

Robertson and Fracker — off-duty at the time — posed for a photo in front of a statue of a Revolutionary War general in the Capitol during the riot, with one making an obscene hand sign, according to the federal complaint.

The two appear to have been the first law enforcement officers charged with criminal violations related to the riots…


The “WalkAway Campaign” Guy

On January 20, 2021, a Special Agent with the FBI wrote a Criminal Complaint that was sent to U.S. Magistrate Judge Robin M. Meriweather. From the Criminal Complaint:

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…

…At such time, the certification proceedings were 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, including by breaking windows and assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts..

…During national news coverage of the afformentioned 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 11, 2021, I was informed the FBI had received a tip indicating BRANDON STRAKA… had posted a video on Twitter depicting a location near an entrance to the U.S. Capitol on January 6, 2021, in which he shouted, “Go, go.” I conducted open-source searches for STRAKA and found he was active on Twitter with the username “@BrandonStraka.” As of the evening of January 11, 2021, the video of STRAKA near the U.S. Capitol entrance was no longer up on STRAKA’s Twitter account.

Open-source searches revealed that STRAKA was a self-described “former liberal” and the founder of the “WalkAway Campaign.” The WalkAway Campaign website described the campaign as a “true grasroots movement” that STRAKA founded on May 26, 2018. The website further stated that the campaign “encourages and supports those on the Left to walk away from the lies, the false narratives, the fake news, the race-baiting, the victim narrative, the violence, the vandalism, the vitriol. We are walking away from a party driven by hate. We are walking toward patriotism and a new, unified America! We are the furure of this great nation!”

After reviewing STRAKA’s Twitter account, I discovered that he had posted a 58-minute video of himself on January 7 in which he discussed the events of January 6, 2021. About one minute into the video, STRAKA stated, “I literally just got home… minutes ago from Washington, D.C.” Later in the video, STRAKA stated, “Yesterday, a lot of us got up very, very early. We went to this event in which Donald Trump spoke. The plan was always to go to the Capitol. We were going to march from the event… to the Capitol.” STRAKA later stated that, while riding the metro to the Capitol, he received alerts on his phone stating that Vice President Pence was “not going to object to certifying Joe Biden.” STRAKA stated that he learned on his walk from the metro to the Capitol that people had “breached” the Capitol and that “patriots had entered the Capitol.” STRAKA said that he thought to himself, “Wow, so they’re going to basically storm and try to get into the chamber so that they can demand that we get the investigation that we want.”

STRAKA later described what he did when he arrived at the U.S. Capitol. STRAKA described himself making his way through a crowd of people and walking up the stairs to the U.S. Capitol. STRAKA stated that he observed two large metal doors. STRAKA said that he saw “nothing being broken” and “nobody committing any acts of violence” or “vandalism.”

STRAKA described a “bottleneck effect” that resulted from the large group of people trying to get into the building. STRAKA stated that he was within 10 to 20 feet of the building when he saw “bursts of teargas coming out of the doors.” STRAKA said, “Shortly after that, a man came out, he said, “They’ve cleared Congress. Everybody’s left. There’s no one else inside. Everybody turn around. No one else come inside.” STRAKA further stated that the man “said something to the effect of it being a victor for us, we got what we wanted, they cleared Congress.” STRAKA stated that he left the Capitol shortly after this interaction.

STRAKA later stated that he had commented on Twitter that “it was not Antifa, it was patriots desperate to be heard.” STRAKA stated that, “When I made that comment on Twitter, I had no idea there was any vandalism or violence or any of that stuff. I literally saw people walking through an open door, and for anyone who doubts my story, I have it all on video. I have the entire thing on video.”

My review of STRAKA’s Twitter account on January 11, also found a video he had posted of himself speaking at a “Stop the Steal” rally held at Freedom Plaza in Washington D.C. on January 5, 2021. As of January 13, STRAKA had removed this video from his Twitter account, but a video of the entire event had been posted to YouTube. The video showed that STRAKA was introduced by name and brought onto stage. STRAKA spoke for about five minutes during which time he repeatedly referred to the attendees as “Patriots” and referenced the “revolution” multiple times. STRAKA told the attendees to “fight back” and ended by saying, “We are sending a message to the Democrats, we are not going away, you’ve got a problem!”

My review of STRAKA’s Twitter account on January 11, did not find video or any other posts from January 6, 2021 relating directly to STRAKA’s actions at the U.S. Capitol. However, the FBI received tips from the public with screenshots of STRAKA’s Twitter activity from January 6, 2021. These screenshots revelaed that STRAKA made the following comments on Twitter on January 6, 2021:

  • “Patriots at the Capitol – HOLD. THE. LINE!!!”
  • “I arrived at the Capitol a few hours ago a Patriots were storming from all sides. I was quite close to entering myself as police began tear gassing us from the door. I inhaled tear gas & got it in my eyes. Patriots began exiting shortly after saying Congress had been cleared.”
  • I’m completely confused. For 6-8 weeks everybody on the right has been saying ‘1775!’ & that if congress moves forward it will mean a revolution! So congress moves forward. Patriots storm the Capitol – now everybody is virtual signaling their embarassment that this happened.”
  • Also – be embarrassed & hide if you need to – but I was there. It was not Antifa at the Captiol. It was freedom loving Patriots who were DESPERATE to fight for the final hope of our Republic because literally nobody cares about them. Everyone else can denounce them. I will not.”
  • Perhaps I missed the part where it was agreed this would be a revolution of ice cream cones & hair-braiding parties to take our government back from lying, cheating globally interested swamp parasites. My bad.”

The FBI received multiple tips referencing the video of STRAKA at the U.S. Capitol, including a tip from Witness-1. I interviewed Witness-1 on January 13. Witness-1 stated that he/she was a relative of STRAKA. Witness-1 stated that he/she watched a video that STRAKA had filmed and posted of himself on the “cusp” of entering the U.S. Capitol. Witness-1 stated that STRAKA could be heard on video saying “We’re going in. We’re going in.” Witness-1 stated that STRAKA has since deleted the video from Twitter.

Witness-1 sent me a link to the video. The video is eight minutes and 37 seconds in length. The video started with footage of STRAKA walking through a crowd of people standing at or near the base of a set of steps leading up to the U.S. Capitol. STRAKA then walked up the steps and through a crowd of people standing on the steps. While doing so, STRAKA could be heard stating, “They seem to be summoning people to get inside.” Another individual could be heard saying, “We’re going in.” STRAKA then stated, “We’re going in. They’re saying we’re going in. We’re going in. We’re going in. The people are going in.”

STRAKA reached the top of the stairs, where he was behind a large crowd of people attempting to enter the U.S. Capitol through a single enterance. STRAKA began moving through the crowd of people to get closer to the enterance and asked, “Are people going in?” STRAKA later asked somebody, “What’s the hold?” As the crowd in front of him tried to push their way into the enterance of the U.S. Capitol, STRAKA yelled, “Go! Go!” This occured at around the 02:27 mark of the video. STRAKA could then be heard saying to somebody, “I wanna try.”

STRAKA continued to push forward with the crowd and appeared to get within several feet of the enterance to the U.S. Capitol. At around the 3:45 mark of the video, an officer from the United States Capitol Police holding a protective shield could be seen in the crowd. As individuals pushed past the officer toward the enterance of the U.S. Capitol, the officer held his shield up in the air. At around the 3:59 mark of the video, STRAKA stated, “Take it away from him.” STRAKA and others in the crowd yelled, “Take the shield!” As several people in the crowd grabbed the officer’s shield, STRAKA yelled, “Take it! Take it!”

The crowd successfully pulled the shield away from the officer as the officer appeared to be trying to move back toward the entrance of the building. The officer then when back into the crowd to get his shield back. Several people pulled on the shield as the officer grabbed it, thus pulling the officer deeper into the crowd. A large group of people then simultaneously pushed toward the officer as STRAKA and others chanted, “USA!” The officer was able to get his sheild back and then appeared to exit the crowd by going through the enterance to the U.S. Capitol.

STRAKA then moved closer to the entrance to the U.S. Capitol and appeared to get within a few feet of the doorway. As STRAKA neared the entrance, he turned the camera to film himself stating, “They’re using gas. We’re being gassed right now.”…

…In the video, STRAKA was wearing the same hat, sunglasses, and coat that he wore during his videotaped speech at the “Stop the Steal” rally on January 5, 2021…

At around the 07:35 mark of the video, a male exiting the U.S. Capitol could be heard saying, “We did our job…We got our job done.” This individual then said, “Let’s get out of here.” Another individual stated, “Mission accomplished.” The video ended with STRAKA still in the area at the top of the steps near the entrance to the U.S. Capitol but not having entered the building.

Based on the foregoing, your affiant submits that there is probable cause to believe that STRAKA violated 18 U.S.C. §231(a)(3) and 18 U.S.C. § 2(a), which make it unlawful to obstruct, impede, or interfere, and/or to aid and abet another person to obstruct, impede, or interfere, with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects …the conduct or performance of any federally protected function.For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States…by an officer or employee thereof. Your affiant knows that the U.S. Capitol Police are federal law enforcement agents.

Based on the foregoing, your affiant submits that there is probable cause to believe that STRAKA 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; and (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.

Your affiant submits there is also probable cause to believe that STRAKA violated 40 U.S.C. § 5104(e)(2)(D) which makes it a crime to willfully and knowingly 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.

On January 25, 2021, Omaha World-Herald posted an article titled: “FBI agents arrest Omaha man in connection with siege of U.S. Capitol.” It was written by Alia Conley. From the article:

…In an October interview with The World-Herald, Straka said he left Nebraska for New York at age 22 because as a young gay man, he thought it would be easier to be himself and fit in with the political leanings of the big East Coast city.

Now in his 40’s, Straka is a conservative activist. He said in the beginning of the interview that he came to believe that the words and actions of Donald Trump were being distorted by news outlets to manipulate the public generally and specifically to convince minorities, women, and LGBT people to oppose Trump before he was elected president in 2016.

Straka and U.S. Rep. Don Bacon, R-Neb, spoke in October at an Omaha rally as part of the #WalkAway campaign encouraging Democrats to leave their party.

Bacon, reached Monday, said he spoke at the event to make the case that Republicans must grow their party, and that includes reaching out to people who traditionally lean toward the Democratic Party…


The Guy Who Recorded Himself Smoking inside the Capitol

On January 27, 2021, A task force officer (TFO) for the Federal Bureau of Investigation (FBI) wrote a Statement of Facts for U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…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. Shortly thereafter, by approximately 1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice President Michael R. Pence was present and presiding, first in the joint session, and then in the Senate chamber…

…At such time, the certification proceedings were still underway an teh exterior doors and windows of the U.S. Capitol were otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly around 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…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 and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there.

Multiple tipsters have provided Snapchat videos to the FBI’s National Threat Operations Center (NOTC)…

…On January 11, 2021, for example, a witness submitted a recording of a Snapchat “story” that user GREG RUBENACKER had posted from his account. The witness stated that Snapchat user RUBENACKER had sent multiple Snapchat videos to the witness from inside the Capitol building on January 6, 2021. User RUBENACKER then posted some of those videos merged together in a “story” that other Snapchat users could see, including the witness. In an interview with the FBI, the witness explained that it watched the Snapchat story and knew the individual depicted throughout the videos to be GREG RUBENACKER of New York. The witness stated it had known RUBENACKER for multiple years and had attended school with RUBENACKER. Your affiant also searched the New York Department of Motor Vehicles and discovered a driver’s licence photograph for a GREG RUBENACKER. When shown the driver’s license photograph, the witness stated that the photograph depicted the same GREG RUBENACKER it knew and had observed in the Snapchat story. Your affient thus believes the individual in the Snapchat story described below is GREG RUBENACKER.

In the Snapchat “story,” the username “GREG RUBENACKER” is clearly visible in the upper corner of the screen. For about the first twenty-four seconds, the first video depicts a crowd of individuals with the Washington Monument visible in the background and the caption “America is pissed.”…

…At about twenty-four seconds into the recording, the Snapchat story switches to the second video segment. In it, the user recording the video is following other rioters inside what appears to your affiant to be the Capitol. The user making the recording can be heard saying, “Holy shit! This is history! We took the Capitol!” Your affiant believes the user recording the video is the individual who uttered these words, because the clarity and decibel of the words as compared to other sounds in the video indicate that the speaker is close enough to the camera to be the one recording.

At about thirty-eight seconds into the recording, the Snapchat story switches to the third video segment. Now, RUBENACKER shows his face while standing in what appears or the the Capitol Rotunda. RUBENACKER appears to be wearing a baseball cap with a red underbill, a winter jacket with a brown, fuzzy hood up over the baseball cap, and a blue and white surgical face mask. He is also sporting a dark-colored mustache and what appears to be a bleached long beard that is partially tucked into his jacket that is zipped up. RUBENACKER is smoking what appears to be a blue electronic cigarette or other similar vaping device. He inhales from the device and blows out smoke into the Rotunda on a number of occasions. Recording from below and pointing up showing his face and the Rotunda, ceiling, RUBENACKER looks into the camera and says, “America, baby. What a time.”…

…Later, at about fifty seconds into the recording, the Snapchat story switches to the fourth and final installment. The video shows RUBENACKER sitting near a painting in the Capitol Rotunda and pans around to show the Capitol Rotunda and other rioters. RUBENACKER now has his brown hood down and is smoking what appears to be a marijuana cigarette (or “joint”). Early on, RUBENACKER looks into the camera and says, “Smoke out the Capitol, baby.” RUBENACKER then shows other individuals sitting near him and smoking in the Rotunda with a distinctive statue standing nearby. One of the other individuals then says, “How many joints we have?” and can be seen counting the people around him smoking, including RUBENACKER who is holding his marijuana cigarette up in the air. RUBENACKER then immediately pans the camera back to himself and says “Hell yeah,” as he puts the cigarette back into his mouth, inhales, and exhales smoke into the Capitol Rotunda…

Based on the foregoing, your affiant submits that there is probable cause to believe that GREG RUBENACKER 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; and (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conducts in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes of disrupts the orderly conduct of Government business or 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 the GREG RUBENACKER 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 Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress of 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.

On February 9, 2021, CNBC posted an article titled: “New York DJ who appears to have smoked pot during Capitol riot arrested after tip”. It was written by Dan Mangan. From the article:

…Rubenacker, who lives in Farmingdale, Long Island, appeared via videoconference in U.S. District Court in Central Islip, New York on Tuesday afternoon to face misdemeanor charges related to disorderly conduct at the Capitol and to demonstrating in a Capitol building.

Rubenacker was admonished several times by his own criminal defense lawyer to stop talking during a break in the hearing, when both of them could still be heard on a telephone line open to reporters.

“It’s really frustrating,” Rubenacker said at one point. “Tired of the corruption in the government.”

His lawyer, Michalangelo Matera, chided him, saying, “Now’s not the time to talk about the case.”

“Trying to protect the country,” Rubenacker continued.

He later asked Magistrate Judge Steven Locke, “Can I take off my mask?” Locke, noting that there were other people in a room with him, denied that request.

When Locke went through a series of conditions that Rubenacker would have to abide by when he was released on a $50,000 unsecured bond, the defendant said, “Is there any way I can get a list of this written down?”

“My memory’s not too good. You’re saying a lot,” Rubenacker added.

Locke assured him that he would be getting the release conditions in writing.

The case against Rubenacker was filed in federal court in Washington, as are other criminal cases against dozens of others charged in the riot, which led to five deaths, including of a Capitol Police officer…

NBC 4 New York described Greg Rubenacker as “a disc-jockey from Farmingdale, Long Island”.


The Guy Who Threatened to Kill a Congresswoman

On January 19, 2021, a Special Agent with the United States Department of Homeland Security, Federal Protective Service, and assigned to the FBI North Texas Joint Terrorism Task Force wrote a Statement of Facts for U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…On January 8, 2021, the FBI received a referral from law enforcement indicating that an individual using the Twitter account “@garretamiller” posted a video from inside the U.S. Capitol. FBI agents viewed the video on Twitter, which was publicly-available. The video was posted on January 6, 2021 at about 6:56 p.m. It is fourteen seconds long and pans across a crowd whi is inside the U.S. Capitol Rotunda, waving pro-Trump and American flags. The caption to the video is “From inside congress”.

A subpoena return related to the Twitter account “@garretamiller,” where the video was posted, revealed that the account is associated with a cellular telephoen number that is registered to GARRET A. MILLER of Dallas County Texas, which the FBI confirmed through an AT&T subpoena. The Twitter account “@garretamiller” is also associated with Facebook account…. That Facebook account is also associated with the same phone number and lists the user’s birthday as the same birthday as MILLER.

In examining Miller’s Facebook account, there are many posts relating to his involvement in criminal activities at the Capitol. For example, on January 2, 2021, MILLER posted to Facebook, “I am about to drive across the country for this trump shit. On Monday… Some crazy shit going to happen this week. Dollar might collapse… civil war could start… not sure what to do in DC.” He also stated on January 3, 2021, that he was bring with him “a grappling hook and rope and a level 3 vest. Helmets mouth guard and bump cap,” but last time he came to D.C. for a pro-Trump rally he “had a lot of guns” with him.

On January 6, 2021, MILLER posted a selfie to his Facebook account… In the selfie he is wearing a pro-Trump red hat and appears to be standing in a grassy area…

…On January 11, 2021, Miller posted to his Facebook account … a photograph of himself with another individual inside the U.S. Capitol building Rotunda. In the photograph, he is wearing a pro-Trump hat and behind him is a statue from the Rotunda.

Your Affiant retreived a driver’s licence photograph of MILLER, and as the driver’s license photograph demonstrates, this appears to be the same person…

…After MILLER posted the selfie above showing him inside the U.S. Capitol building, an individual on Facebook commented, “bro, you got in?! Nice!,” to which MILLER replied, “just wanted to incriminate myself a little lol.”

Additionally, surveillance video from inside the U.S. Capitol building on January 6, 2021, shows MILLER in the Capitol Rotunda at about 2:56 p.m…

…MILLER is wearing a backpack that appears to be patterned, a backwards red baseball hat, has what appears to be a balaclava around his neck, and is carrying two flags, an American flag and a pro-Trump flag.

A video of the enterance to the U.S. Capitol Rotunda shows a crowd of people pushing to get past U.S. Capitol Police officers, who are attempting to stop them from coming into the building…. MILLER appears to be part of the crowd that pushes past the officers to gain entrance to the building…

…After acknowledging his participation in the pro-Trump riots, multiple individuals commented to MILLER’s Facebook account. One individual tried to blame Antifa for the riots, but MILLER countered: “[Y]ou don’t think we should have stormed the capital [sic]?”

Also, when asked on Facebook, “were you in the building?”, MILLER responded, “Yah… we charged… We where [sic] going in…No matter what… Decided before the trump speech… I charged the back gates myself with an anti-masker.”

In addition to his Facebook posts, MILLER also posted about his activities at the Capitol on Twitter. On January 6, 2021, MILLER repeatedly posted comments on Twitter using his Twitter account… In one tweet, an individual posted, “The people storming The Capitol are not Patriots. They are PAID INFILTRATORS,” to which MILLER responded, “Nah we stormed it. We where [sic] gentle. We where [sic] unarmed. We knew what had to be done. A beautiful soul was lost today. We must know her name. She will not be forgotten.”

In another tweet, MILLER threatened, “They are right next time we bring the guns.”…

…In a string of tweets to a U.S. House of Representatives member, MILLER first claims, “We acted with honor and we where [sic] not armed. We where [sic] gentle with the police. They murdered a child.” He then further directed, “Assassinate [House member].”…

…In addition to discussing his own actions at the Capitol, MILLER discussed the shooting of a woman by a U.S. Capitol Police Officer during the pro-Trump riots on January 6, 2021. During that discussion on January 10, 2021, MILLER stated, “We going to get a hold of [the USCP officer] and hug his neck with a nice rope[.]” The individual with whom he was chatting responded, “Didn’t you say you were a Christian or some lie?” to which MILLER responded, “Justice… Not murder… Read the commandment…theres[sic] a difference.”

On January 16, 2021, MILLER again got into a discussion on Facebook, about the USCP officer and said that the officer is “not going to survive long.” MILLER claimed that “millions” of people agree with him that the officer “deserve[s] to die” “so its [sic] huntin season.” He then says that the woman who was killed “was a sister in battle were bravery achieve victory and she paid the ultimate price. . . . Dead serious she fought fir [sic] me, now I fight fir [sic] her[.]” He later claimed, “Well we got the traitor cop as a target and as long as we don’t shoot him we don’t get accused of firing the first shot. He shot first. His death prevents civil war by liberal history teller arguments.”

On January 15, 2021, MILLER admitted in a Facebook chat that he is “happy to make death threats so I been just off the rails tonight lol,” and is “happy to be banned now [from Twitter].” When asked whether the police know his name, he responded, “[I]t might be time for me to …. Be hard to locate.”

On January 15, 2021, FBI agents obtained a search warrant for Miller’s cellphone number, the same number associated with his Facebook account, for prospective cell site and Global Positioning System (GPS) data. That same day, prospective location data showed the phone inside the house where MILLER lives, according to a law enforcement database. MILLER had previously identified this same address as his home address in a Facebook chat from January 2, 2021. FBI agents also confirmed the next day that a van which is registered to MILLER, was parked in the driveway of the house.

Based on the foregoing, your affiant submits that there is probable cause to believe that GARRET A. MILLER violated U.S.C. § 1752(a)(1)-(2), which makes it a crime to (1) knowingly enter or remain in any restricted building or grounds without lawful authority to do so and (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.

Your affiant submits there is also probable cause to believe that MILLER violated 40 U.S.C. § 5104(e)(2)(G), which makes it a crime to willfully and knowingly (G) parade, demonstrate, or picket in any of the Capitol Buildings.

Your affiant submits there is probable cause to believe that MILLER violated 18 U.S.C. § 1512(c)(2), which makes it a crime to corruptly otherwise obstruct, influence, or impede any official proceeding, or attempt to do so, or conspire to do so.

Your affiant further submits there is probable cause to believe that MILLER violated 18 U.S.C. § 875(c), which makes it a crime to “transmit in interstate… commerce any communication containing…any threat to injure the person of another.”

Your affiant submits there is probable cause to believe that MILLER violated 18 U.S.C. 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any … law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects… the conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes…

On January 23, 2021, CNN posted an article titled: “Capitol rioter charged with threatening to ‘assassinate’ Rep. Ocasio-Cortez”. It was written by Marshall Cohen. From the article:

The Justice Department revealed new charges against a Texas man who allegedly participated in the Capitol attack and posted online death threats against Democratic Rep. Alexandria Ocasio-Cortez and a US Capitol Police officer.

Garret Miller of Texas faces five criminal charges stemming from the Capitol Insurrection, including trespassing offenses and making death threats. Miller allegedly tweeted, “assassinate AOC,” according to court documents…

…He was arrested on Wednesday, according to the Justice Department. Federal prosecutors are asking a judge to keep him in jail pending trial, and a detention hearing is scheduled for Monday.

Clint Broden, a lawyer for Miller, told CNN Saturday that his client “certainly regrets what he did.”

“He did it in support of former president (Donald) Trump, but regrets his actions. He has the support of his family, and a lot of the comments, as viewed in context, are really sort of misguided political hyperbole. Given the political divide these days, there is a lot of hyperbole,” Broden said.

On January 27, 2021, MSN posted an article from YAHOO! Entertainment titled: “Capitol rioter’s attorney claims he has to ‘deprogram’ his client from ‘cult leader’ Trump”. It was written by George Back. From the article:

Garrett Miller’s attorney Clint Broden appeared Tuesday on Cuomo Prime Time. Miller has been charged with his involvement in the assault on the U.S. Capitol, as well as making death threats towards Rep. Alexandria Ocasio-Cortez. Broden claims his client was manipulated by former President Donald Trump.

“I have referred to him as a cult leader,” said Broden. “Donald Trump was a cult leader. You have somebody like Garrett Miller, who is not very politically involved, hadn’t even voted much earlier in life, loses his job and gets focused on the internet and you have, as I said, a cult leader telling him to do X, Y and Z to protect the country.”…

…Broden claimed his client was manipulated by Trump. Miller has since apologized for his threats towards Ocasio-Cortez, but Broden says he still needs time away from Trump’s rhetoric.

“That’s what cult leaders do,” said Broden. “They prey on vulnerable people. And not to excuse what Miller did, as you said, his comments are vile, disgusting, what have you. But without going into attorney-client privilege, I’m having some discussions with him and really we’re trying to deprogram him.”…

…”The more he gets removed from Trump,” said Broden, “The more he is removed from the vitriol of Facebook and Twitter, he is going back to the Miller his family remembers.”

On February 9, 2021, ABC News posted an article titled: “‘Because President Trump said to’: Over a dozen Capitol rioters say they were following Trump’s guidance”. It was written by Olivia Robin, Alexander Mallin, and Alex Hosenball. From the article:

…An ABC News investigation into the nearly 200 accused rioters facing federal charges for their alleged involvement at the Capitol — based on court filings, military records, interviews, and available news reports — found that at least fifteen individuals who stormed the building hae since said that they acted based on Trump’s encouragment, including some of those accused of the most violent and serious crimes.

“I believed I was following the instructions of former President Trump,” said Garret Miller in a statement released through his lawyer. “I also left Washington and started back to Texas immediately after President Trump asked us to go home.”

Miller, who admitted entering the Capitol in his statement, also threatened to “assassinate” Democratic Rep. Alexandria Ocasio Cortez that same day, which he apologized for.

“While I never intended to harm Congresswoman Ocasio-Cortez, nor harm any members of the Capitol police force, I recognize that my social media posts were completely inappropriate,” said Miller, who is facing five charges, including making threats, violent entry, and disorderly conduct on Capitol grounds. “They were made at a time when Donald Trump had me believing that an American election was stolen. I want to publicly apologize to Congresswoman Ocasio-Cortez and the Capitol police officers…


The Woman Who Stole Speaker of the House Nancy Pelosi’s Laptop

On January 17, 2021, a Special Agent of the FBI wrote a Statement of Facts for U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

…On January 6, 2021, the exterior plaza of the U.S. Capitol was 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. 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…

…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. The crowd was not lawfully authorized to enter or remain in the building and, prior to entering the building, no members of the crowd submitted to security screenings or weapons checks by U.S. Capitol Police Officers or other authorized security officials…

…RILEY JUNE WILLIAMS

In the days following the January 6, 2021 events, a witness (“W1”) made several phone calls into the FBI’s telephone tip line related to the U.S. Capitol attacks. I have reviewed documentation of several of those calls. In them, the caller stated that he/she was the former romantic partner of RILEY JUNE WILLIAMS (“WILLIAMS”), that he/she saw WILLIAMS depicted in video footage taken on January 6, 2021, from inside the U.S. Capitol Building. W1 stated that WILLIAMS can be seen directing crowds inside the U.S. Capitol Building up a staircase. The caller specified the uniform resource located (“url”) for a YouTube video that he/she was describing… W1 also claimed to have spoken to friends of WILLIAMS, who showed W1 a video of WILLIAMS taking a laptop computer or hard drive from Speaker Pelosi’s office. W1 stated that WILLIAMS intended to send the computer device to a friend in Russia, who then planned to sell the device to SVR, Russia’s foreign intelligence service. According to W1, the transfer of the computer device to Russia fell through for unknown reasons and WILLIAMS still has the computer device or destroyed it. This matter is under investigation.

I have reviewed a publicly available video that was posted on YouTube located at the url… It is a 32-minute long video, with audio, and consists of a video report called “Storming the Capitol: The Inside Store,” from ITV News, a British television network. I believe that this video report was both posted on YouTube and published on other media formats. At or about 20 minutes and 40 seconds into the video, there appears at the bottom of the staircase the subject, believed to be WILLIAMS, a Caucasian female wearing a green t-shirt and brown trench coat and carrying a black-and-white striped zebra-print bag over her shoulders. She has brown shoulder length hair and wears eyeglasses. She is wearing a black face mask below her chin, around her neck. She can be heard in the video repeatedly yelling “Upstairs, upstairs, upstairs,” and can be seen physically directing other intruders to proceed up a staircase. The video also shows a stream of intruders walking up a nearby staircase….

…I have confirmed with Capitol Police that the staircase depicted in the video does, in fact, lead to Speaker Pelosi’s office. I have also reviewed maps of the interior areas of the U.S. Capitol and confirmed the subject appears to have been in an area near “the crypt,” sometimes referred to as the “Small House Rotunda.” In the audio of the ITV News video, the reporter states that the recording took place near the U.S. Captiol Building area called “the crypt.” … The maps confirm that there is a nearby staircase which leads to the office of the Speaker of the United States House of Representatives, Nancy Pelosi.

I have reviewed other images the FBI obtained that were taken during the January 6, 2021, civil unrest inside the U.S. Capitol Building. Set forth below is a photograph that also depicts the WILLIAMS inside the U.S. Capitol Building, pointing and directing indruders. She is wearing the same green t-shirt and brown trench-coat. I believe that the photograph below was taken in Statuary Hall, inside the U.S. Capitol Building.

I have also reviewed other videos obtained by the FBI that were taken outside the U.S. Capitol on January 6, 2021. WILLIAMS can be seen in one of more of these videos entering the U.S. Capitol. She is wearing the same green t-shirt, brown trench coat, and black-and-white shoulder bag….

…I have identified WILLIAMS in these screenshots based on a variety of methods. As noted above, W1 called the FBI tip line and confirmed that WILLIAMS is depicted in the video described above. I have also reviwed the Pennsylvania driver’s license photograph for WILLIAMS, … and compared it to the photographs and videos described above. I believe they depict the same person.

In addition, I have spoken with local law enforcement agents in Harrisburg about their recent interactions with WILLIAM’s parents. According to those officers, on January 11, 2021, local law enforcement received a suspicious persons report filed by WILLIAMS’ mother. Officers arrived at the address that WILLIAMS shares with her mother and interviewed her mother. WILLIAMS was not present. According to WILLIAMS’ mother, the suspicious person was assumed to be W1. WILLIAMS’ mother, with officers present, used her cell phone to place a video-enabled phone call to WILLIAMS. Officers observed WILLIAMS on her mother’s cell phone screen and noted that WILLIAMS was wearing a brown-colored jacket…

…According to the Harrisburg officers, on January 16, 2021, they again spoke with WILLIAMS’ mother who told them that a British media crew had come to her home the night before asking to speak with WILLIAMS, who was not present. The news crew presented WILLIAMS’ mother with one or more images taken at the U.S. Capitol on January 6, 2021. He mother acknowledged that it was WILLIAMS in the image.

According to the Harrisburg officers, on or about January 16, 2021, officers called WILLIAMS’ fater who resides in Camp Hill PA. He stated that he drove to Washington D.C. with WILLIAMS for the protests on January 6, 2021. He stated that his daughter and he did not stay together throughout the day and that WILLIAMS was meeting up with other individuals she knew at the protests. WILLIAMS later met up with her father outside of the U.S. Captiol Building and they returned home to Harrisburg together.

On or about January 16, 2021, ITV posted a second related video to YouTube, titled “Revealed: ITV News identifies protestor who stormed the Capitol,”… In this 2 1/2 minute video, the reporter identifies “Riley Williams” as the person depicted in snippets of the prior ITV video described above. The reporter then interviewed a woman who identified herself as WILLIAMS’ mother and showed her some type of video footage. WILLIAMS’ mother then stated that she recognized her daughter inside the U.S. Capitol Building and that her daughter had taken a sudden interest in President Trump’s politics and “far right message boards.” She claimed WILLIAMS “took off,” “is gone,” and is waiting for law enforcement ot come to WILLIAMS and ask her about her activities in the Capitol.

It appears that WILLIAMS has fled. According to local law enforcement officers in Harrisburg, WILLIAMS’ mother astated that WILLIAMS packed a bag and left her home and told her mother she would be gone for a couple of weeks. WILLIAMS did not provide her mother any inforamtion about her intended destination. Sometime after January 6, 2021, WILLIAMS changed her telephone number and deleted what I believe were her social media accounts on Facebook, Instagram, Twitter, Reddit, Telegram, and Parler.

Based on the foregoing, your affiant submits that there is probable cause to believe that RILEY JUNE WILLIAMS violated U.S.C. § 1752(a)(1) and (2), which makes it a crime to (1) knowingly enter or remain in any restricted building gorunds without lawful authority to do so; and (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 buildings or grounds when, or so that, such conduct in fact, impedes or disrupts that 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 that there is probable cause to believe RILEY JUNE WILLIAMS violated 40 U.S.C. § 5104(e)(2)(D) and (e)(2)(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.

On January 19, 2021, a Special Agent of the FBI wrote an amended Statement of Facts for U.S. Magistrate Judge Robin M. Meriweather. Here are the amended portions of the Statement of Facts:

…A complaint and arrest warrent were issued in the U.S. District Court for the District of Columbia on January 17, 2021. United States v. Riley June Williams, 21-mj-99. WILLIAMS, who was aware of the warrant and charges, surrendered to authorities and was arrested in Harrisburg, Pennsylvania on January 18, 2021.

On January 18, 2021, FBI agents obtained from W1 copies of several video clips that W1 stated had been recorded and livestreamed by WILLIAMS and subsequently copied or screen captures by a friend of WILLIAMS. I have reviewed several of the videos, which appear to depict events inside and outside the U.S. Capitol Building on January 6, 2021. In one 4-second video, a person holding the cell phone camear is standing, angling the camera down toward a wooden desk with an “HP” laptop. A female voice that I believe to be WILLIAMS’ based on my review of the ITV YouTube video described above can be heard saying, “Dude, put on gloves.” Next, what appared to be a man’s arm then reaches out toward the laptop, with a black glove coering his hand, and begins to lift the laptop off the table. There is a text across the video clip that reads: “they got the laptop.” Given how loud Williams’ voice is, it seems likely that she was the one holding the cell phone camera…

…I have confirmed with U.S. Capitol Police (“USCP”) representatives that an “HP” brand laptop was stolen from Speaker Pelosi’s office on January 6, 2021. I showed the video to USCP, who confirmed that this footage was taken from Speaker Pelosi’s office. I have obtained and reviewed CCTV video footage taken outside of Speaker Pelosi’s office and confirmed that WILLIAMS can be seen entering and exiting Speaker Pelosi’s office. I also observed an individual re-posting on Twitter the same videos provided by W1 along with posts from a user named “Riley” on the social media platform “Discord.”… which W1 has stated WILLIAMS frequently uses. In these posts, “Riley” states, among other things, “I stole shit from Nancy Polesi [sic],” and “I took Polesis [sic] hard drives.”…

…Your affiant submits that there is also probable cause to believe that RILEY JUNE WILLIAMS violated 18 U.S.C. §§ 641, 2, which makes it a crime for a person to, or to aid abet others to, embezzle, steal, purloin, or knowingly convert to his use or the use of another, or without authority, sell, convey or dispose of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property being made under contract for 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…

On January 19, 2021, The Washington Post posted an article titled: “Woman charged with helping to steal laptop from Pelosi’s office during Capitol riot”. It was written by Christine Spolar, Hannah Knowles, and Spencer S. Hsu. From the article:

A 22-year-old from Pennsylvania was charged Tuesday with helping to steal a laptop from the office of House Speaker Nancy Pelosi (D-Calif.) during the storming of the Capitol, one of two new alleged felonies for which the defendant could face decades in prison…

…A federal prosecutor argued earlier in the day at a court hearing that Williams should not be released from custody. With felony charges not yet filed and Williams’s mother in attendance, the judge set a detention hearing for Thursday morning in what he called a “fast-moving case of national import.”

Williams surrendered to authorities on Monday, a day after she was charged in the Jan. 6 storming of the Capitol, officials said. A pretrial services report had recommended Williams’s release, but the government contends Williams presents a flight risk and could obstruct or try to obstruct justice.

A public defender appointed to represent Williams, Lori Ulrich, argued for release and said in court that many of the allegations lodged against her client “are false”…

…Capitol Police confirmed that an HP laptop was stolen from the speaker’s office, the FBI said. Drew Hammill, deputy chief of staff for Pelosi, said Jan. 8 that a laptop “only used for presentations” was taken from a conference room…

…Williams’s mother, Wendy, sat quietly in the back of the courtroom during Tuesday’s hearing. In the hall before the session, she told a reporter, “I’m not supposed to be talking to anybody.”…

On January 20, 2021, 3 CBS Philly posted an article titled: “Riley June Williams, Harrisburg Woman Accused of Stealing Nancy Pelosi’s Laptop During US Capitol Riots, Arraigned”. It was written by Joe Holden. From the article:

…Despite saying she wouldn’t be taken alive, Riley June Williams, of Harrisburg, surrendered to federal authorities on Tuesday. She’s been hit with four-federal charges for her alleged actions inside the Capitol during the insurrection on Jan. 6.

The 22-year-old had plans to sell House Speaker Nancy Pelosi’s laptop to a friend in Russia, who would, in turn, then sell it to Russia’s intelligence agency.

That allegation is among the most damning in a nine-page summary filed by federal prosecutors on Tuesday, and it comes with a federal charge that could send her to prison for 20 years.

Williams was arraigned and held pending a preliminary hearing on Thursday…

…Williams’ court-appointed counsel reportedly told a magistrate she was prepared to present evidence claiming at least some of the allegations were false.

Another hearing is set for Thursday.

On January 21, 2021, The Associated Press posted an article titled: “Woman accused of helping steal Pelosi laptop freed from jail”. It was written by Mark Scolforo. From the article:

A Pennsylvania woman facing charged that she helped steal a laptop from the office of House Speaker Nancy Pelosi during to attack on the U.S. Capitol will be released from jail, a federal judge decided Thursday.

U.S. Magistrate Judge Martin Carlson directed that Riley June Williams be released into custody of her mother, with travel restrictions, and instructed her to appear Monday in federal court in Washington to continue her case…

…Williams’ defense lawyer, Lori Ulrich, told Carlson the tipster is a former boyfriend who had been abusive to Williams and that “his accusations are overstated.”

On January 21, 2021, CNN posted an article titled: “Woman accused of involvement in Pelosi laptop theft during Capitol riot released to home confinement.” It was written by Sonia Moghe. From the article:

…Riley Williams, 22, of Harrisburg Pennsylvania, has been charged with violent entry or disorderly conduct, entering the restricted areas of the Capitol, obstructing or impeding an official proceeding as well as aiding and abetting the theft of government property. She was arrested on Monday.

She will remain at home with electric monitoring, is ordered not to communicate with possible co-defendants and has travel restrictions…

…Lori Ulrich, Williams’ attorney, said in court that the allegations brought forth against her client were by an ex-boyfriend and are “overstated”.

“It is regrettable that Ms. Williams took the President’s bait and went inside the Capitol. However, based on our initial investigation and preparation for today, it is our position that the allegations surrounding the theft of Speaker Pelosi’s computer came in part from a former abusive boyfriend, Ulrich said. “He has threatened Ms. Williams in a number of ways.”..

On January 26, 2021, BuzzFeedNews posted an article titled: “The Woman Accused of Stealing Pelosi’s Laptop Says She Doesn’t Have It”. It was written by Ema O’Connor. From the article:

After a long hearing in federal court in Washington D.C., on Tuesday, the case of Riley June Williams – a 22-year-old Pennsylvania woman accused of stealing, or helping to steal, a laptop from House Speaker Pelosi’s office and sell it to Russia’s foreign intelligence service- is more confusing than ever…

…But during the hearing Tuesday, the purpose of which was to set the conditions of her house arrest, her defense attorney, federal public defender A.J. Kraler, argued that Williams’ house and her car had been searched, and she did not have the laptop…

…Following the hearing, Kramer told BuzzFeed News over the phone that Williams denies all of the accusations made against her – from the theft itself, including aiding or encouraging the theft, to the allegations of attempting to sell it to Russia – and alleged that they were all lies made up by an ex who, as he said in the hearing, “vowed revenge on Williams for various things.” Williams has filed for a restraining order against that ex, Kramer added…

…Judge Zia Faruqui expressed surprise that the government was not advocating for Williams to be detained, since the allegations in the complaint against her were “pretty shocking” and “read like something out of The Americans,” referencing the TV show about Russian spies in the US during the Cold War.

Instead of asking for her to be detained, the Justice Department asked that Riley Williams be held under house arrest with an ankle monitor under her mother’s supervision, that she not be allowed to use any device with internet access…

…Kelly [Smith the attorney representing the Justice Department] … pushed for a complete ban from the internet, including smartphones and televisions, and asked that Williams be provided a flip phone to speak to her attorney and receive mental health treatment…

..Finally, after two days, around four hours of back and forth, and nearly 30 minutes of off-the-record meetings about whether Williams should be allowed to watch TV if it was connected to the internet, Faruqui ruled: Williams will stay under house arrest with an ankle monitor and the supervision of her mother, will undergo a mental health assessment, and will not be allowed to use the internet unless it is a video call with her lawyer or a mental health professional. She will be allowed to use a flip phone and to watch TV, as long as she doesn’t use the TV to communicate with anyone.

Her next hearing is on March 25.


The Cousins Who Entered The Capitol Together

On January 14, 2021, a Special Agent employed by the FBI wrote a Statement of Facts to U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…On January 6, 2021, a joint session of the United States Congress convened at the United States Capitol, which is located at First Street, S.E., 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. 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…

…At such time, the certification proceedings 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 U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts.

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 U.S. Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed…

…On Thursday, January 7, 2021, an unknown male caller called the FBI’s National Threat Operations Center (NTOC) and stated that Bobby Bauer, who was later identified as ROBERT L. BAUER, and his wife Jenny Bauer, who was later identified as Jenna Bauer, attended the rally in Washington D.C., on January 6, 2021. The calleer knew that BAUER had posted photographs of the event on BAUER’s Facebook account entitled, “BobtheBauer.” According to the caller, one of the photographs depicted BAUER inside the U.S. Capitol building giving the middle finger to the camera.

On January 8, 2021, FBI agents… interviewed BAUER in-person at his place of employment. BAUER explained that he and his wife traveled from Kentucky to Washington D.C., to attend the pro-Trump Rally on January 6, 2021. He stated that they stayed with BAUER’s cousin, EDWARD HEMENWAY in Winchester, Virginia from January 1 to January 5, 2021. According to BAUER, on January 5, he and his wife statyed at a hotel in D.C. to be closer to the rally.

The next day, BAUER, HEMENWAY, and Bauer’s wife attended the pro-Trump Rally. According to BAUER, after President Trump told the crowd, “We are going down Pennsylvania Avenue to the Capitol,” the crowd began moving towards the Capitol. BAUER, his wife, and HEMENWAY marched to the U.S. Capitol with the crowd. BAUER retierated that he marched to the U.S. Capitol because President Trump said to do so.

BAUER stated that when he got to the U.S. Capitol he entered the building along with a crowd of other individuals, while his wife remained outside. He said that he saw six to eight S.W.A.T. officers standing outside the building and individuals in the crowd were throwing things at the officers. BAUER claims that he yelled at those individuals and said, “What the hell are you doing? They have stood down.” BAUER, however, continued walking along the outside of the building until he saw a single door with a black ramp to his right. He used this door to enter the U.S. Capitol building, which he believed was on the ground-level. He stated that he did not think he had done anything wrong and according to him, there were no signs posted stating that he could not enter the U.S. Capitol building.

It became apparent to the agents who interviewed BAUER that HEMENWAY also entered the U.S. Capitol building with BAUER, but BAUER was reluctant to say so. On January 8, 2021, HEMENWAY called the agents and admitted that he was with BAUER inside the U.S. Capitol on January 6, 2021. The agents followed-up with BAUER on January 11, 2021, by telephone. DUring the telephone call, HEMENWAY explained that he and BAUER attended the pro-Trump rally together on January 6, 2021. He said that they stayed at a hotel in D.C. on January 5, 2021, because he “didn’t know what was going to happen [on January 6, 2021],” but he had heard “crazy things” on social media.

According to HEMENWAY, during the rally President Trump said “something about taking Pennsylvania Avenue” so HEMENWAY and BAUER walked down Pennsylvania Avenue to the U.S. Capitol. As they entered, HEMENWAY heard a loud bang and saw a green plastic sign that said “Do Not Enter”. BAUER’s wife wanted to return to the hotel, so HEMENWAY gave her his cellphone so she could use the map functions because she did not have a working cellphone.

As BAUER and HEMENWAY, walked toward the U.S. Capitol, HEMENWAY saw officers in S.W.A.T. style gear standing near the scaffolding outside the Capitol building. He said that he and BAUER linked-up with a group walking towards a door to into the U.S. Capitol building and the group flow drew them through the doors and into the building. HEMENWAY felt like he could not have peeled away from the group, but neither he nor BAUER tried to turn back.

Both BAUER and HEMENWAY recalled staying on the same level of the U.S. Capitol, while inside the building. Both men remembered encountering a police officer after they entered. According to BAUER, the police officer grabbed his hand, shook it, and said, “It’s your house now.” BAUER believed that the policeman was acting out of fear. HEMENWAY similarly recalled the officer shaking HEMENWAY’s hand and HEMENWAY said, “Sorry,” to which the officer replied, “It’s your house now, man.” and gave HEMENWAY a half-hug.

HEMENWAY said that he and BAUER then entered a circular room with pillars. He thought people were fighting with police in this space, but HEMENWAY was not close enough to see anything. BAUER stated that he was chanting “stop the steal” while inside and took pictures and videos.

BAUER showed [redacted] pictures on his phone that he took while inside the Capitol, including photographs of himself. BAUER agreed to send these pictures to [redacted] via text message but was unable to do so. He then agreed to let [redacted] attempt to send the pictures from BAUER’s phone. Ultimately [redacted] was able to retrieve 11 pictures and 2 videos taken by BAUER on January 6, 2021, which depict various scenes from inside and outside the U.S. Capitol building.

One of the photographs from BAUER’s phone, clearly shows BAUER and HEMENWAY inside the Capitol building with a crowd behind them…

..,[Redacted] confirmed that the man on the right side of the photograph is BAUER. Your Affiant identified the man on the left as HEMENWAY based on his driver’s license photograph which bears a strong resemblance to the individual depicted in the photograph… on the left.

Your affiant was also able to identify him by the tattoo shown in the photograph near his thumb that appears to be a dice. HEMENWAY told the Agents that he has a tattoo of a dice on his hand near his thumb. Both men are holding up their middle fingers in the photograph.

A six second video from BAUER’s phone also shows BAUER inside the Capitol…

…In the video, BAUER is chanting, “Our house! Our house!,” with a large crowd behind him. [Redacted] also identified BAUER in the video. In both the video and the photograph… your Affiant recognized large pillars that appear to be the pillars in the Capitol crypt directly behind BAUER. Many of the individuals in the video are wearing red “Make America Great Again” hats and one man is carrying a “Make America Great Again” flag. The crowd appears to be the same crowd that entered the Capitol on January 6, 2021, after the pro-Trump rally…

…BAUER stated that his reason for entering the Capitol was to “occupy the space.” He had no intention of assaulting law enforcement or fighting anyone. He also denied knowing that Congress was in session at the time he entered the Capitol building. BAUER explained that people in the crowd were angry about pedophiles, the news cycle, and losing their businesses during the lockdown.

HEMENWAY explained that he entered the Capitol out of “curiosity” and “stupidity.” He said that he did not know that Congress was in session on January 6, 2021, but he did know that they were certifying the Electoral College vote. He also knew that Vice President Pence was going to announce the Electoral College vote. HEMENWAY said that he knows being inside the U.S. Capitol under those circumstances was wrong.

BAUER recalled entering the U.S. Capitol at about 3:00 p.m. through a ground-level door on the East side of the building. He recalled walking out of the Capitol building and seeing the U.S. Supreme Court building. HEMENWAY recalled leaving the area at around 3:30 p.m. According to HEMENWAY, on his way out of the Capitol building, he saw a man trying to break windows. HEMENWAY told him to stop. BAUER said that he and his wife flew back to Kentucky on January 7, 2021, because they missed their 5:00 p.m. flight on January 6, 2021.

Based on the foregoing, your affiant submits that there is probable cause to believe that BAUER and HEMENWAY 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; 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 BAUER and HEMENWAY 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…


The Real Estate Broker Woman who took a Private Jet to Washington D.C.

On January 15, 2021, a Special Agent with the FBI wrote a Statement of Facts for U.S. Magistrate Judge Zia M. Faruqui. From the Statement of Facts:

…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 to 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…

…As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent baracades were in place around 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 such time, the certification proceedings 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, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…On January 5, 2021, a Facebook user Brian MILLER (“MILLER”) tagged Jennifer Leigh Ryan’s (“RYAN”) a.k.a. Jenna Ryan’s, Facebook account, in a series of photographs from US Trinity Aviation in Denton, TX. According to open source information, the caption on the photographs noted, “We’re so excited! DC bound to #StopTheSteal.”…

…After MILLER’s post on January 5, 2021, RYAN posted multiple videos on her Facebook account that appear to be taken on board a small private aircraft, on which she was traveling with others to Washington D.C.

Law enforcement agents retrieved a driver’s license photograph of RYAN, a resident of TEXAS, and confirmed RYAN bore a resemblance to the pictures…

…On January 6, 2021, RYAN posted a video on her Facebook account that depicts her in a bathroom mirror stating, “We’re gonna go down and storm the capitol. They’re down there right now and that’s why we came so that’s what we are going to do. So wish me luck.” Subsequently, on January 6, 2021, RYAN posted a 21-minute Facebook Live video on her Facebook account, of her and a group walking towards the U.S. Capitol building. RYAN posted photographs of herself at the U.S. Capitol building grounds to her social media accounts, including Facebook and Twitter. Of particular note is an image of RYAN posted of herself to her Twitter account, which depicts RYAN in front of a broken window at the U.S. Capitol building, with the caption “Window at The capital [sic]. And if the news doesn’t stop lying about us we’re going to come after their studios next…”

Open source searches also uncovered a now-deleted Facebook live video taken by RYAN as she entered the Capitol building via the Rotunda enterance. The video was captured prior to deletion and reposted to YouTube for public viewing. The video shows RYAN in a large crowd attempting to walk through the entrance to the Capitol, which had visibly broken windows a the time. At the beginning of the video, RYAN is heard stating, “we are going to f—ing go in here. Life or death, it doesn’t matter. Here we go,” as she approaches the top of the stairs in front of the columns immediately in front of the doors on the West side of the U.S. Capitol building. RYAN then turned on her rear facing camera — exposing her face– and stated, “y’all know who to hire for your realtor. Jenna Ryan for your realtor.” By minute 08:45 of the video, RYAN has made it to the front door of the building, clearly desecrated, with broken glass windows shattered, and security alarms sounding, as she yells “U-S-A! U-S-A!” and “here we are, in the name of Jesus!” Once inside the building among the crowd, RYAN is heard joining a chant “Fight for freedom! Fight for freedom!” and yelling, “this is our house!” At the end of the video, RYAN turns on her rear facing camera again, showing her face inside the building.

Your affiant conducted an initial review of some of the surveillance footage captured on January 6, 2021 from cameras inside the Capitol building. During my review, I identified multiple images that depict RYAN entering the Capitol building through the Rotunda door and attempting to walk through the crowds, consistent with their locations as captured in the other various videos described above. In addition, I identified one image of RYAN holding up her cell phone inside the Capitol building.

In the hours immediately following the breach of the U.S. Capitol building, RYAN posted on Twitter, “We just stormed the Capital. It was one of the best days of my life.”

Based on the foregoing, your affiant submits that there is probable cause to believe that Jennifer Leigh RYAN 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; and (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptuve conduct in, or within such proximity to, any restricted building grounds when, or so that, such conduct in fact impedes or disrupts the orderly conduct of Government business or official functions; or attempts or conspiures to do so. For purposes of 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 Jennifer Leigh RYAN violated 40 U.S.C. § 5104(e)(2)(D) and (G), which makes it a crime to willfully and knowingly (D) utter loud, threatening or abusive language, or engage in disorderly or disruptive 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…

On January 15, 2021, CHRON updated their article titled: “The Texas woman who took a private jet to D.C. to ‘storm the Capitol’ has been charged”. It was written by Abigal Rosenthal. From the article:

Jenna Ryan, the North Texas real estate agent who took a private plane to participate in the U.S. Capitol protest that evolved into a violent riot on Jan. 6, has been charged with knowingly entering or remaining in a restricted building without lawful authority and disorderly conduct on Capitol grounds according to a complaint filed in U.S. District Court for the District of Columbia.

In a filing from the Department of Justice submitted Jan. 15, prosecutors said authorities recovered a deleted Facebook live video showing Ryan entering the Capitol building through the Rotunda entrance…

On January 16, 2021, The Guardian posted an article titled: “I’m facing a prison sentence’: US Capitol rioters plead with Trump for pardons”. It was written by Oliver Milman. From the article:

Jenna Ryan, a Texas real estate broker who took a private plane to Washington to join the attack on the U.S. Capitol, has pleaded with Donald Trump to pardon her after she was arrested by federal authorities.

After surrendering to the FBI on Friday, Ryan said: “We all deserve a pardon.”

“I’m facing a prison sentence,” she told CBS11 at her home. “I think I do not deserve that.”

Turning to look into the camera, she said: “I would ask the president of the United States to give me a pardon.”

On Wednesday, Trump was impeached for inciting the attack on 6 January that left five people dead, including a police officer, and sent lawmakers fleeing for their lives.

Ryan said she had been “displaying my patriotism”, adding: “I listen to my president who told me to go to the Capitol.”…

…Trump has largely used the presidential pardon power to benefit political allies. Ryan is the latest person to request a pardon over the Capitol attack…


The Guy Who Assaulted National Guardsmen at the Capitol

On January 19, 2021, a Special Agent of the FBI wrote a Statement of Facts for U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

…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. 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.

As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and the U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings inside…

…Shortly thereafter, at approximately 2:30 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…

…The Federal Bureau of Investigation received a number of tips providing videos and screenshots of MATHEW CAPSEL (“CAPSEL”) and his activities relating to the events on January 6, 2021, including the tips detailed below.

On or about January 8, 2020, the FBI received a tip from Witness 1 who submitted screenshots of a Facebook page with the name “Mateo Q Capsel” and a video posted by the Facebook account. Witness 1 reported that they had seen multiple videos of CAPSEL “on the frontline of the riot and breach”. Witness 1 reported that they were a former neighbor of CAPSEL and that CAPSEL was “known to be violent.”

On or about January 13, 2020, the FBI recieved a tip from Witness 2 who submitted screenshots of Facebook posts by “Mateo Q Capsel” stating that they are friends on social media with CAPSEL and that CAPSEL “was at Capitol building when the protestors and rioters got on the building before entering” and had a video of this on his Facebook page.

Your affiant reviewed the video posted on social media in which it appears tha CAPSEL is fighting against National Guardsmen attempting to hold the line with riot shields.

The following screenshots are taken from a video posted on TikTok by @mateoqcapsel, an account I believe to be used by CAPSEL, showing CAPSEL’s physical appearance and attire during the Capitol riot. CAPSEL has distinctive tattoos on his face and neck, and is wearing a red, white, and blue hat with a design on the front. His black shirt bears a recognizable design, and he is wearing a brown necklace…

…Your affiant compared the afformentioned screenshots with the defendant’s driver’s license photo… and confirmed his identity. The defendant has same features and identifiable facial tattoo…

…The following screenshots are taken from a video posted on TikTok by Witness 3, who was a witness to the events in the video, and reposted to the account @mateoqcapsel. Your affiant spoke to Witness 3 who recorded the video and was informed that the timestamp of the video was 18:23 EST January 6, 2021. In this video, CAPSEL, identifiable by the tattoos on his face and neck, and wearing the same hat, shirt, and necklace, is fighting against National Guardsmen until he is pepper sprayed, as shown in the last screenshot. Specifically, the video depicts CAPSEL charging against a lined group of National Guardsmen, running into their protective shields…

…Based on the foregoing, your affiant submits that there is probable cause to believe that CAPSEL violated 18 U.S.C. § 111, which makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person designated in section 1114 of this title… while engaged in or on accont of the performance of official duties. Section 111 applies to “any officer or employee of the United States or of any branch of the United States Government (including any member of the uniformed services).” 18 U.S.C. § 1114…

…Finally, your affiant submits there is probable cause to believe that CAPSEL violated 18 U.S.C. § 231 (a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission or the movement of any article or commodity in commerce or teh conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral Collage votes.

On January 27, 2021, ABC 7 Eyewitness News posted an article titled: “US Capitol riots: Feds arrest Illinois man allegedly seen fighting National Guard on Tik Tok”. From the article:

Another person from Illinois is under arrest for allegedly participating in the attack on the U.S. Capitol.

Matthew Capsel was allegedly seen in a Tik Tok video fighting against National Guardsman until he was pepper sprayed outside the U.S. Capitol during the riots on January 6, according to the Justice Department.

The feds said they were contacted by a former neighbor, who reported they had seen multiple social media of Capsel “on the frontline of the riot and the breach” and that he was “known to be violent.”

The feds said Capsel was arrested in southern Illinois on Tuesday. He is charged with entering a restricted area and resisting law enforcement….

On February 3, 2021, ABC 7 Eyewitness News posted an article titled: “4 weeks after US Capitol attack, federal authorities focus on new arrests, Super Bowl safety”. It was written by Chuck Gouldie and Barb Markoff, Christine Tressel, and Ross Weidner. From the article:

…Illinois resident Matthew Capsel is also among the newly charged in the attack. He was arrested in Marion and is set to apepar before a DC judge midday Thursday.

In a criminal complaint, prosecuters have submitted photos allegedly from Capsel’s TikTok account they say show him battling National Guardsmen. One Twitter user also posted a screengrab of what appears to be Capsel’s TikTok that shows him in front of Trump Tower…


Woman who Died at the Capitol Riot

On January 6, 2021, The Guardian posted an article titled: “American carnage: how Trump’s mob ran riot in the Capitol”. It was written by Julian Borger. From the article:

…In the corridors outside, Trumpist rioters were able to roam freely, as they looked for members of Congress they saw as enemies. They found their way into the Senate chamber where minutes earlier the election results were being certified. A rioter stepped on the dias and, according to a reporter on the scene, yelled: “Trump won that election.”

Police fired teargas as the rioters pushed inside the gleaming white edifice of the Capitol. One woman was shot by the U.S. Capitol police and later died of her injuries, according to Washington police. Three others died in “medical emergencies” throughout the day, authorities said. Rioters attacked TV crews outside the building. Several police officers were also injured. Authorties found pipe bombs outside the offices of the Democratic National Committee and the Republican National Committee, as well as a cooler with a long gun and molotov cocktail on the Capitol grounds…

On January 6, 2021, KUSI News San Diego posted an article titled: “KUSI News confirms identity of woman shot and killed inside US Capitol”. From the article:

The woman who was shot and killed inside the US Capitol during the protests was from the San Diego area.

KUSI News has spoken with her husband.

The woman is Ashli Babbit, a 14-year veteran, who served four tours with the US Air Force, and was a high level security official throughout her time in service.

Her husband says she was a strong supporter of President Donald Trump, and was a great patriot to all who knew her.

The Metropolitan Police Department says an investigation into her death continues.

KUSI sends our condolences to her family and all who knew her.

On January 6, 2021, Lindsay Watts, reporter at Fox5DC, tweeted: “BREAKING: Family confirms woman shot & killed at Capitol is Ashli Babbit. She owned a business in San Diego w/her husband who did not come to DC. “I really don’t know why she decided to do this,” her mother-in-law tells me. Police have not confirmed circumstances of shooting.”

On January 6, 2021, New York Post posted an article titled: “Ashli Babbitt, protestor killed at Capitol, was Air Force vet from California”. It was written by Elizabeth Rosner and Kate Sheehy. From the article:

…Ashli Babbitt, who had 14 years in the service and did tours of duty, was married and lived near San Diego, her husband, Aaron, told KUSI TV.

“I’m numb. I’m devistated. Nobody from DC notified my son and we found out on TV,” the husband’s mother, Robin Babbit, told The Post, saying of the daughter-in-law, “She is a Trump supporter.”

Everything is “pretty surreal,” added Aaron’s brother, Justin. “It’s hard, because we haven’t been officially notified.”…

…On Tuesday, Babbitt retweeted TV footage of pro-Trump crowd massing in DC ahead of Wednesday’s riots.

Babbit’s mother-in-law told a Fox affiliate in DC she was puzzled by the behavior of her son’s wife…

On January 7, 2021, The Guardian posted an article titled: “Woman shot and killed in storming of US Capitol named as Ashli Babbitt”. It was written by Ben Doherty. From the article:

…Ashli Babbitt, 35, had traveled to Washington DC from San Deigo, her husband told the local news station KUSI, adding that she was a passionate Trump supporter…

…[Washington DC police chief Robert] Contee has confirmed to reporters a woman was shot by Capitol police – a federal law enforcement agency was responsible for protecting the US Congress – but has not released further details.

Less than a day before she joined the Trump loyalist protest, Babbitt, an avowed and public Trump supporter as well as a subscriber to a number of alt-right conspiracy theories, had vowed the insurrectionist movement could never be halted. “Nothing will stop us… they can try and try and try but the storm is here and it is descending upon DC in less than 24 hours… dark to light!” she wrote on Twitter.

Babbitt, 35, was reportedly shot as she and other rioters tried to break through a barricaded door in the building where Capitol police officers were armed on the other side.

On video footage circulating on social media, a single gunshot is heard during an attempt to storm the barricaded door. Other footage shows police attempting to perform emergency first aid on woman lying on the floor bleeding.

Babbitt was taken to hospital with a gunshot wound but later pronounced dead.

On Twitter, Babbit described herself as a veteran and a libertarian. Her social media account is filled with declarations of support for Trump and condemnation of November’s presidential election, which Trump lost.

Babbitt also apparently supported many of the conspiracy theories shared by alt-right groups, including one about a vast network of high-profile and powerful paedophiles. She regularly retweeted the controversial lawyer and conspiracy theorist Lin Wood, a high-profile Trump supporter who has litigated several of the president’s failed lawsuits contesting the election result.

She had also called on the vice-president, Mike Pence – who ahs split with Trump in refusing to oppose the certification of Joe Biden’s election win – to resign and face charges of treason…


Woman who Lost Her Job at a Real Estate Company After Being at the Capitol

On January 7, 2021, @properties – the largest independent real estate brokerage firm in the state of Illinois – tweeted: “@properties ‘ official statement on former agent, Libby Andrews”. The tweet included a screenshot of a statement:

“Over the past several hours, @properties has recieved a tremendous amount of outreach regarding the actions of one of our agents, Libby Andrews, yesterday in Washington, DC. Effective immediately, @properties is terminating this agent, who acknowledged on social media that she took part in “storming the Capitol.” @properties does not condone violence, destruction, or illegal activities.”

On January 7, 2021, Reuters posted an article titled: “Some U.S. Capitol rioters fired after internet detectives identify them”. It was written by Mike Stone and Diane Bartz. From the article:

…Libby Andrews, a real estate agent from Chicago, was fired by @properties and removed from its website, even though she had done nothing wrong and had not entered the capitol, she said in an interview.

“I’m a 56-year-old woman, petite. I was not there causing trouble. I was there to support my president,” said Andrews.

Andrews said she had climbed the steps of the Capitol without encountering security, posted selfies from the scene on Instagram, sang the national anthem and then moved on. Online critics were quick to post negative reviews of her real estate work on a ratings site.

A spokesperson for @properties said the firm condemned those who ascended the capitol steps for attempting “to threaten the country’s democratic process.”

Andrews’s actions and social media comments, “were not consistent with our standards of conduct, and as a result, the company made the decision to end its affiliation with her,” the spokeswoman said…

On January 9, 2021, CNN posted an article titled: “People at the US Capitol riot are being identified and losing their jobs”. It was written by AJ Willingham and Carma Hassan. From the article:

…A Chicago real estate company has cut ties with one of its licensed agents following social media posts showing her presence at the US Capitol on Wednesday.

Libby Andrews, 56, tells CNN that she was there to support the President, not violence, and that she learned of her firing through an email “blast.”

Andrews said she didn’t know about the day’s rioting and destruction until after returning to a nearby hotel where someone was showing images on social media. Andrews said she recalls seeing social media posts about “a skirmish with police” in DC, near where she was, and thought “that’s not happening, that’s fake news, that’s fake news,” she said…


Guy who Lost His Job as a Lawyer After Being at the Capitol

On January 6, 2021, Roger Sollenberger who currently writes for The DailyBeast and formerly for Salon, tweeted: “This is Paul Davis. Paul is a lawyer. He’s also an associate general counsel & director of human resources at Goosehead Insurance. Today he stormed the capitol building in an attempt to stage a coup against the US government and documented it (!) on Instagram @followgoosehead”.

The tweet includes a 45 second video from Paul Davis’s Instagram account.

On January 7, 2021, Goosehead Insurance tweeted: “Paul Davis, Associate General Counsel, is no longer employed by Goosehead.”

On January 7, 2021, The Wall Street Journal posted an article titled: “Some CEO’s Fire Rioters, Call for Trump’s Removal From Office.” It was written by Chip Cutter and Emily Glazer. From the article:

…Goosehead Insurance said Thursday that Paul Davis, an associate general counsel, was no longer employed by the company. In an email to employees Thursday, Goosehead CEO Mark Jones said the company was “surprised and dismayed to learn that one of our employees, without our knowledge or support, participated in a violent demonstration at our nation’s capitol yesterday.” A spokesman for Goosehead, a publicly traded company based in Westlake, Texas, said Mr. Davis had been hired in mid-2020.

On an Instagram account, a users identified as Paul M. Davis wrote that he was “peacefully demonstrating” Wednesday. The account, public earlier Thursday, is now private; Mr. Davis didn’t return a request for comment…

On January 7, 2021, Insurance Journal posted an article titled “Goosehead Insurance Fires Employee Who Participated in Storming of Capitol”. It was written by Andrew G. Simpson and Amy O’Connor. From the article:

Texas-based personal lines insurance agency Goosehead Insurance has fired an employee who participated in the storming of the Capitol yesterday…

…Insurance Journal confirmed the dismissal with a company vice president…

…A copy of an internal company email from CEO Mark Jones obtained by Insurance Journal confirms the firing was due to the former executive’s alleged partipation in the violence at the Captiol.

“While we support our employees’ right to vote and express themselves politically, we do not condone violent or illegal acts. This one former employee’s actions are not reflective of our company culture or values, and we are disappointed with his behavior,” Jones said in the email.

In the email, Jones identifies himself as an immigrant from Canada and a political conservative who would “prefer a more conservative government than has just been elected,” but who accepts that “more people chose to move our government toward the left – and I respect their choice and it is my privilage to support the government my fellow citizens chose.”…

On January 18, 2021, the “Original Complaint and Application for Injunctive Relief” was filed by Paul M. Davis and Kelley SoRelle.

It differs from the second version (shown below) of the lawsuit. For example, the first version included footnote (1) This is not a Sidney Powell lawsuit. This is not a Rudy Giuliani lawsuit. This is not a Lin Wood lawsuit. This is not a Team Trump lawsuit. This is not a Republican lawsuit. This is not a Democrat lawsuit.

It also includes a detailed list of who the Plaintiff’s and Defendants are, and an incredibly lengthy explanation of what appears to be a state by state description of voting laws.

On January 21, 2021, a lawsuit was filed by Paul M. Davis, who described himself as “Former Associate General Counsel of Goosehead Insurance Inc. (Terminated after peacefully protesting) Now Solo Civil Rights Attorney”.

It was also filed by Kellye SoRelle, (Republican) who ran for election to the Texas House of Representatives to represent District 20 in 2020. She lost to Republican Glenn Rogers. Kellye SoRelle is described as from “Law Office of Kellye SoRelle”.

The plaintiffs in the lawsuit are: Latinos for Trump, Blacks for Trump, Joshua Macias, M.S., B.G., J.B, J.J.

The defendants in the lawsuit are: Pete Sessions, Mitch McConnell, Nancy Pelosi, Mark Zuckerberg, Chuck Schumer, Alexandria Ocasio-Cortez, Brad Raffensberger, and All Members of the 117th U.S. Congress.

The lawsuit was sent to the United States District Court Western District of Texas Waco Divison.

From the lawsuit:

AMENDED MOTION FOR TEMPORARY RESTRAINING ORDER

ORAL HEARING REQUESTED

COME NOW, Latinos for Trump, Blacks for Trump, Josua Macias, M.S., B.G., JB. J.J. (collectively, “Plaintiffs”), by and through their attorneys, Paul M. Davis, and Kellye SoRelle, and file this their Amended Motion for Temporary Restraining Order (“Brief”) to this Honorable Court and, in support thereof, respectfully represent as follows:

A. REQUEST FOR TEMPORARY RESTRAINING ORDER TO PRESERVE THE STATUS QUO ANTE BY PLACING CONGRESS AND THE EXECUTIVE BRANCH IN A STATE OF STEWARDSHIP.

1 Plaintiffs are clearly not the first group of Black and Latino voters deprived of their right to legally cast a vote in a federal election, but they are the first such group to stand in the gap for all People (1) of the United States of America. Plaintiff’s urgent plea before this Honorable Court, in this current Constitutional Crisis, is to restore the rule of law to our Republic and its government by consent of the governed by placing appropriate constitutional checks and balances on the current Congress and President, both of which have been unlawfully elected in violation of HAVA.

(1) All capitalized terms not defined herein have meaning ascribed to them in the Original Complaint.

2Gondor has no King,” to invole a very appropriate quote from the J.R.R. Tolkein epic classic, “Lord of the Rings” (2) The Judicial Branch is currently the only remaining legitimate branch of government and therefore has a duty uphold the checks and balances in the Constitution to curb the unlawful power grab perpetrated on the electorate by Defendants. The Court must immediately act to check the power of the Legislative and Executive branches by placing them into a state of stewardship to preserve the status quo ante, pending a preliminary injunction and then until a trial on the merits. Plaintiffs hereby request that the Honorable Court enter the Temporary Restraining Order attached hereto enjoining the illegitimate 117th Congress and 46th President (collectively, the “Usurpers”) (3) from enacting any new legislation or making any substantial departures from United States policy, foreign and domestic, as it existed prior to their unlawful usurpation of power on January 3, 2021 and January 20, 2021, respectively by appointing a group of trusted special masters to provide oversight to the Usurpers. (4) This concept is similar to the concept of placing a corrupted business in recievership or bankruptcy law, which places a “trustee” in charge of the “debtor-in-possession” during the bankruptcy case to rehabilitate the corrupted organization.

(2) During the course of the epic trilogy, the rightful King of Gondor had abandoned the throne. Since only the rightful king could sit on the throne of Gondor, a steward was appointed to manage Gondor until the return of the King, known as “Aragorn,” occured at the end of the story. This analogy is applicable since there is now in Washington D.C., a group of individuals calling themselves President, Vice-President, and Congress who have no rightful claim to govern the American People. Accordingly, as set forth in the Proposed Temporary Restraining Order, as a remedy the Court should appoint a group of special masters (the “Stewards”) to provide a check the power of the illegitimate President until this Constitutional Crisis can be resolved through a peaceful process of a Preliminary Injunction Hearing and a jury trial on the merits.

(3) Usurper, Miriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/usurper (“one who seizes and holds office, power, position, etc., by force or without righ

(4) Supra note 2.

3 The Declaration of Independence states, “The history of the present King of Great Britian is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” Rather ironically, one could now easily insert “United States Federal government” in place of “King of Great Britian,” which has ceased being accountable to its voting citizens. It is now up to the federal judiciary as the last constitutional safeguard against such tyranny to prevent the immediate and irreperable harm of the Usurpers from enacting laws and policy without the legal consent of the People.

4 This Complaint assumes that the courage of the Court does in fact match that of the Plaintiffs’ and their undersigned Counsels’ act in filing this Motion to take a stand against tyranny. If the Court does not act to intervene, Plaintiffs and Counsel have essentially signed their own death warrants by filing this lawsuit exposing the shocking unlawful acts of the Defendants, the powerful elite figures who acted, funded, directed, and/or otherwise conspired in furtherance of their malevolent scheme to crush the freedom and individual rights of the People by replacing our republican form of government with a group of Usurpers.

B The “Political Question Doctrine” Does Not Apply

5 For the purposes of complying with the Local Rules of the Court for length, this section of the same title and the subsequent section entitled “There are No Issues of Standing, Laches, or Ripeness,” set forth in the original Emergency Motion for Temporary Restraining Order (Doc. 2) are fully incorporated herein by reference.

6 Plaintiffs will certainly suffer immediate and irreperable harm if the Court does not immediately enter the temporary injunctive relief requested herin (the “TRO”). 5 If the Defendants and the illegitimate Congress and President there actions installed are able to continue to govern the United States, it will cease to be a republic. It may become a true RINO “republic in name only” in the sesne that the “People’s Republic of China” contains the word “Republic,” although it is common public knowledge that China does not in any way belong to its people. It belongs to a tyrannical, authoritarian, communist police state that engages in atrocities against humanity, including the active persecution of proponents of free speech, democracy, Christians, and anyone else who poses a view that does not demonstrate absolute and unquestioning loyalty to the state and whatever ideologies it chooses to cram down the throats of its citizens.

(5) Fed. R. Civ P. 65(b)(1); Fairchild Semiconductor Group v. Third Dimension (3D) Semiconductor, Inc., 564 F. Supp 2d 63, 66-68 (D. Me. 2008); Nw Airlines Inc., v Bauer, 467 F. Supp. 2d 957, 963-64 (D.N.D. 2006); see Winter v. Nat Res. Def. Council, Inc. 555 U.S. 7, 22 (2008).

7 The risk of the Unite State government descending into such an oppressive police state is tangible and imminent given the rampant cancel culture that has emerged to terminate and intimidate anyone who supported the previous administration with the powers granted to government agencies to spy on U.S. Citizens is a perfect store for such a scenario. Internet searches regarding cancel culture will bring up headlines describing tangible fear from those on the political right of being eventually rounded up into Soviet-style gulags or “reeducation camps.”

8 Furthermore, as set forth in the expert report of J.S. Vanderbol III entitled “Global Risk Analysis: Special Report,” (6) the Constitutional Crisis created by the acts and omissions of Defendants set forth herein compel the conclusion that, if the Court does not grant the TRO to prevent the illegitimate Congress and President-Elect from taking control of the U.S. Government, the economy of the United States will become inherently unstable and cease to be a “safe haven” for financial investors due to the failure of the rule of law. Such a scenario will have a devistating effect on Plaintiffs’ ability to plan for retirement and reach other financial goals.

(6) Exhibit A, “Global Risk Analysis: Special Report,” by J.S. Vanderbol, III.

9 Mr. Vanderbol has 27 years of experience operating multi-national, multi-spectrum corporations with assets exceeding many billions of dollars, and is, accordingly, an expert on how geopolitical events affect the financial markets. (7). In addition, and as the result of these corporate geopolitical operations involving the interaction of finance and technology with governmental regulations, Mr. Vanderbol has developed a unique skill set of analyzing complex interactions of law often in conflict due to statutory, regulatory and jurisprudential issues with a direct impact on his business dealings.

(7) Exhibit B, CV of J.S. Vanderbol, III.

10 Thus, there is no adequate remedy at law (8) because it would be impossible to calculate an appropriate amount of monetary damages that would compensate Plaintiffs for such harm. (9) It is also obvious that the risk of permanent deprivation of the right to cast a legal vote in federal elections or trust in the integrity of elections could be lost forever if the Temporary Restraining Order is not entered.

(8) Prudential Ins. Co of Am. v Inlay, 788 F. Supp. 2d 1022, 1030-31 (N.D. Iowa 2010); see Ruggieri v M.I.W. Corp., 826 F. Supp. 2d 344, 336 (D. Mass. 2011).

11 There is a substantial likelihood that Plaintiffs will prevail on the merits of their claims. Although the legal syllogism for Plaintiff’s right to relief is very simple, the HAVA statutory scheme that provides the backdrop for which Defendants’ violation of Plaintiffs’ civil rights occured is so arcane and complex that one has to wonder wether convoluted nature of HAVA, a law with the express purpose of restoring American confidence in election integrity, was not in some way intentional to give room for its violation. Fortunately, Counsel, in partnership with Mr. Vanderbol’s unique skill set have broken down HAVA for the purposes of this Motion and the injuries suffered by the two Declarants who testify in support of this Motion.

The harm giving rise to Plaintiffs’ right to relief is clear:

i Plaintiffs cast ballots in the 2020 Federal Election;

ii The States of Alabama and Virginia, (along with the other 48 states), had either preexisting 2020 Federal Election procedures in violation of the minimum standards of HAVA (10) or changed their procedures in violation, using the COVID-19 pandemic as an excuse;

iii The violations of HAVA resulted in the ballots cast in the 2020 Federal election being illegal,(11)

iv The 117th U.S. Congress was seated and took their oaths of office to defend and protect the Constitution by virtue of the election that took place in violation of HAVA;

v. Plaintiffs’ were therefore deprived of their substantive due process right to cast a legal vote in the election of their representatives and/or were deprived of equal protection under the law by having their vote diluted by illegal ballots, or at least were left with no way of knowing if their vote had been diluted from lack of preservation of ballots as required by HAVA;

(10) Exhibit C is a full-version of HAVA with highlighted portions for the Court’s convenience

(11) Article 1, Section IV gives Congress the power to exercise authority to alter the State legislature’s regulations on the election of Representatives. As to the Senate, it is long-established that when States receive federal funds in exchange for the promise to abide by a statutory scheme, the state is obligated to follow the statute. Every state at issue here received such federal funds and HAVA § 101 specifies that the state must use the funds to implement compliance with HAVA.

12 In support of this Motion, Plaintiffs will demonstrate two cases of injury to two of the Plaintiffs, as examples of the vast array of similar injuries to other Plaintiffs and potential Plaintiffs. Mr. Macias voted in the 2020 Federal Election in Virginia. (12) The process analysis of comparing HAVA to Virginia’s voting process reveals Virginia failed to confirm to HAVA in at least three respects:

1. Virginia’s Failure to verify an absentee voter’s identification in person prior to accepting the marked a ballot as “eligible” when it is the “first time in a federal election” for such person to vote,”(13)

2. Virginia’s failure to maintain a separate list as required in HAVA § 303, (14)

3. Failure to collect identification with the ballot and maintain such identification paperwork with the ballot in order to mark the ballot as ‘eligible’ and maintain an adequate ‘audit trail’ as required in Sec. 303. (15)

(12) Exhibit D, Macia Declaration (also explaining the previous miscommunication between Macias and Counsel where it was misunderstood that Mr. Macias voted in North Carolina rather than Virginia).

(13) See Exhibit E, Virginia Voter Registration application (failing to ask question of whether a voter is a first-time voter; Virginia has no other process in place to collect and verify such information). HAVA § 303 (b)p laces the duty upon the state to assure that first time voter’s in a federal election have identification confirmed in very specifical procedural criteria which requires a “copy of the ID to be submitted with the ballot” or “ID verified prior to” voting. See § 303(b).

(14) The requirement is found in HAVA § 301(2) for a “voting system” that produces “a record with an audit capacity” which would under § 304’s “minimum requirements” standards, include a method to track who has and has not previously voted in a federal election. Moreover, § 303(b)(1)(B)(i) and (iii) requires a list to determine who has or has not previously voted in a federal election.

Procedural analysis of voter registration application, and post-election witness testimony analysis show no process in which “mail in ballots” were reviewed against a “separate list” of first-time federal election voters. Simply, election observers stated mail in ballots were “scanned” into Expressvote and tabulated as “valid” registered voters. This shows Virginia, and Alabama’s procedural failures to comply with Sec. 304, by purposeful acts that violate multiple parts of Section 303. See Exhibit F, Expressvote Screenshot.

When applies against the ‘states’ COVID 19 emergency changes under color of law this creates multiple violations of HAVA. Generally, the majority of requirements are placed upon the voter when reviewing the language of the ACT, BUT in 2020 by unlawful emergency procedural changes the states, including Virginia, North Carolina, and Alabama took actions of the ‘state’ which shifted many of these requirements of the voter to the state due to the decrees of changes. Thes ‘manners’ as stated in (b)(1) were not uniform or nondiscriminatiry in nature. However, directly under (B)(i) the ‘state’ had a requirment to affirm, list, and evaluate IF a person had previously voted in an election for Federal office in the State; or (ii) to determine if a individual who had not previously voted in a Federal Election in another state without list in compliance with subsection (a). Due to the use of absentee ballots and the states making ballots available to persons on the voter rolls, or mailed out ballots to ALL voters on the state’s voter rolls, no effort was made to evaluate, test, reject, or affirm a voter for ‘the first time in a federal election’ criteria. This violates Section 304, and also likely violates Section 902 pertaining to records for audit, and making such available for audit to affirm the state’s plan’s certification / compliance attestation which is the evaluator for acts of intentional fraud.

(15) Reviewing Virginia’s “§ 24.2-707 shows the ‘marked and returned by mail’ processes for absentee ballots which Virginia freely releases to all votes on the rolls. Nothing in 707 shows requirements to place identification within the ballot envelope as required in HAVA’s section 303 for first time voter in a federal election. Virginia’s liberal use of absentee ballots / mail in ballots without statutory compliance with HAVA represents a liberty interest issue for ballot box stuffing, among other records retention issues tied to the Civil Rights Act of 1960, Sec. 301.

13 The failure to meet the “minimum requirements’ standards as shown in Section 304 of the Help America Vote Act of 2002 are easily shown in a process analysis despite the convoluted nature of the act itself. Virginia’s law appears deviously crafted to paint the “illusion” of compliance when in fact it is NOT compliant. (16) The facts suggest Defendants likely worked to appear compliant but in fact knew Virginia was not compliant when they certified the election.

(16) Additionally, where an individual shows up at the polls to vote in person and whose name is not on the list of individuals eligible to vote, such person may request a provisional ballot signing a written affirmation that the person is (1) registered to vote in the appropriate jurisdiction and (2) eligible to vote in that election. 52 U.S.C. § 21082, By contast, Virginia changed its provisional ballot requirements for the 2020 federal election to allow anyone who shows up at a poll and requests a provisional ballot without consideration of the first-time voting requirements in HAVA, or obtaining information stated within the statute. See VA Code 24-2-643 (“Provisional Voting”.)

14 The least complicated logical process to determine the ‘attempt’ to meet compliance is shown in a comparison between HAVA’s Section 253/254 and Section 304.. Specifically, Sec. 254(a) states ” [a] IN GENERAL – The State plan shall contain a description of each of the following: [1] How the State will use the requirements payment to meet the requirements of title III, and, if applicable under section 251 [a][2], to cary out other activities to improve the administration of elections” And then by reviewing the state’s plan to the minimum standards of Section 304 reveals all of the cracks in the façade of compliance, from which the acts to defraud are easily recognized as purposeful rather than neglectful.” See Virginia’s Voter application form for example of this deception by illusion attached hereto as evidence.

15 J.J. voted in person in the 2020 Federal Election for House and Senate in Alabama. Exhibit G. The State of Alabama enacted “Alabama Amendment 1,” which changed the Constitution from “every citizen” to “only a citizen” tying US citizenship to the right to obtain a ballot and vote. The referendum passed. However, this rule did not take effect until AFTER the 2020 Federal election using and by using Mr. Vanderbol’s “least complicated” logic test, a review of Alabama’s registration form for ‘first time in a federal election’ requirement as stated in Section 303. The failure on Alabama’s voter registration form to contain this requirement for ‘first time federal voter’ status shows the ‘states’ first failure to obtain data as a minimum requirement as stated in Section 303/304 analysis. Next we review Alabama’s changes to procedures due to the COVID 19 pandemic which reveals a change in procedure in press releases and “Ballotpedia” which states “Alabama modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows: “Absentee/mail-in voting: Any qualified voter could cast an absentee ballot in the general election” 17 This shows the ease in which a party 18 could become a “qualified voter” by an act of fraud, then by simple refusal to comply with the “states minimum requirement” duty to act to collect data in person could obtain an cast a ballot without identification verified by the state as required in Section 303 of HAVA. Thus, Plaintiffs have shown a probable right to relief by the states’ HAVA violations, which deprived them of their civil rights to legally cast a vote in a federal election without such vote being diluted by illegal ballots.

(17) Exhibit H, Ballotpedia Printout.

(18) Alabama State law by construction circumvents most of the registration requirements as specified in HAVA. Alabama Section 17-3-30 (Qualifications of electors generally) states ‘any person possessing the qualification of an elector set out in Article 8 of the Constitution of Alabama in 1901, as modified by federal law, and not laboring under any disqualification list therein, shall be an elector, and shell be entitled to register and to vote in any election by the people’. Alabama Const. Art. 8 broadly restates this ‘right to vote’ adding ‘if registered as provided by law’ in direct text. A complete review of Alabama Chapter 46 – Elections shows NO LAW stating any element of requirement for affirming federal first time voter criteria. Further a complete review of Alabama Title 17, including Chapter 1 – Help American Vote Act section 17-2-4 which shows Alabama’s failure to seek any information regarding ‘first time federal voters’ or any attempts to obtain a list to which a ‘first time federal voter’ could be determined or evaluated. A complete review of Alabama law shows multiple procedural flaws, and multiple inlets for fraud in a manner in which no ‘audit’ or evidence of frad could reasonably be obtained from which a criminal inquiry for election fraud could be obtained.

16 The threatened harm to Plaintiffs outweighs the harm that a temporary restraining order would inflict on Defendants. It is clear that the loss of the right to government by consent of the governed is far worse than any harm Defendants may suffer if the Court grants the TRO.

17 Issuance of a temporary restraining order would not adversely affect the public interest and public policy. It is clear that preventing the loss of the right to government by consent of the governed is in the public interest.

18 The Court should enter this temporary restraining order without notice to defendant because Plaintiffs will likely suffer immediate and irreperable injury, loss, or damage if the order is not granted before Defendants can be heard (1) the vast list of Defendants in disparate geographical locations makes service on short notice impractible; (2) given that the allegations and evidence revealed in this Complaint could result in federal criminal prosecutions for various high crimes and misdemeanors, including but not limited to sedition, treason, racketeering, malfeasance by public officials, wire fraud, mail fraud, etc., there is a high risk that Defendants will destroy evidence prior to being given notice of the TRO; and (3) there is no less drastic remedy to protect Plaintiffs’ constitutional rights and to enforce the Constitution of the United States against unlawfully elected Congress and President.

19 On the foregoing grounds for injunctive relief Plaintiffs hereby enter an application for preliminary injunction and request that the Court set a hearing. Plaintiffs will prepare a motion for expidited discovery against the Defendants in anticipation of the Preliminary Injunction hearing. Plaintiffs are willing to post a bond in the amount the Court deems appropriate.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that the Court enter the attached Temporary Restraining Order without notice to defendant because plaintiff will likely suffer immediate and irreperable injury, loss, or damage if the order is not granted before Defendants can be heard, notice would be impractible or impossible, there is no less drastic way to protect plaintif’s interests, and there is a risk of destriction of evidence given that the allegation have criminal law implications…

On January 22, 2021, Salon posted an article titled “Texas lawyer fired after Capitol riot files ambitions suit: Dissolve Congress, don’t arrest him. It was written by Roger Sollenberger. From the article:

…The lawsuit was filed in the name of a few small conservative minority groups, including Latinos for Trump and Blacks for Trump, along with a number of related but unspecified individuals. The only plaintiff whose full name appears in the document is Joshua Macias, a Navy veteran and the founder of Vets for Trump, who was arrested in November after he and a friend brought a semiautomatic rifle and samurai sword from Virginia Beach to a Philadelphia ballot processing center. Macias also submitted, under penalty of purjury, a false sworn affidavig in Davis’ lawsuit, upon which hinged the sole claim of actual injury…

…The suit then goes on to argue that procedural election changes adopted by the majority of states out of public health concerns have, unfortunately, voided every vote cast anywhere in the country.

For remedy, Davis asks the court to throw out the results of every federal election last year, shut down the legislative branch and (re)install Trump as the country’s sole legitimate elected official…

…This must be done post-haste, argues Davis, who at one point in the suit admits that he had been awake for 48 hours, because Biden was slated to be inaugurated in two days. (He filed when the courts were closed for Martin Luther King Jr. Day, which burned one of those days.) On the morning of the innauguration, with no action in Waco and Trump en route to Palm Beach, Davis filed a supplemental memo begging the court to issue “some sort of restraining order” to stop Biden and all sitting members of Congress from carrying on the busines of government…

…”The suit is illogical and convoluted,” Barry Burden, director of the Elections Research Center at the University of Wisconson, told Salon. “It misunderstands the Help America Vite Act altogether and the relationship between the U.S. Constitution, federal laws, and state election law. It is filed far too long after the election to be actionable and in any event is requesting a preposterous remedy of removing every elected official from office who was elected in 2020 aside from President Trump. Remarkably, the lawsuit says nothing about how Vice President Pence should be treated.”

“Somehow, Mark Zuckerberg is also listed as a defendant,” Burden added…

On January 23, 2021, The Guardian posted an article titled: “‘Gondor has no king’: pro-Trump lawsuit cites Lord of the Rings”. It was written by the Guardian Staff. From the article:

Donald Trump’s diehard supporters are often accused of living in fantasyland, but one court case recently launched to try and reinstall him as president has suprised even the most hardened observers of Trumpian strangeness by citing as evidence a mythological realm from The Lord of the Rings.

The case was launched in Texas, in the name of small conservative groups including Latinos for Trump and Blacks for Trump, and was filed by Paul Davis, an attorney who lost his job after posting Instagram videos of himself at the attack on the Capitol.

The case offers a baseless mix of allegations of electoral fraud common among theTrump base and calls for the voiding of every vote cast in the election – which was won handily by now-President Joe Biden, who was sworn in this week…


The “Stop the Steal” Organizer Guy

On January 7, 2021, Mother Jones posted an article titled: “Meet the Right-Wing Trolls Behind “Stop The Steal”. It was written by Ali Breland. From the article:

…After one of the first 2020 primary debates, [Ali] Alexander went viral claiming that Kamala Harris wasn’t an “American Black,” because she was of Jamaican and Indian heritage, instead of descending from African-Americans who had been forced into Antebellum-era slavery. Alexander was convicted of two felonies in 2007 and 2008, and has a track record of publicly noting people who are Jewish. He made a sensationalist video with right-wing snafu generator Jacob Wohl and Laura Loomer, the Islamophobic failed Congressional candidate, wherein Wohl seemingly fakes the group receiving death threats during filming.

Alexander appears to be involved with Stop The Steal both through his tweets promoting it and through his links to one of the websites boosting it. Stopthestea.us’s domain is registered to Vice and Victory, a possibly defunct political consultancy he’s affiliated with. After clicking the site’s donate button, visitors are prompted with the option to donate money to one of several cryptocurrency addresses associated with Alexander, or given links to his Paypal, CashApp, and Amazon wishlist.

It’s brazen, but that’s typical for Alexander. On his website, he sells various tiers of access to himself, ranging from $25 a month, which gets you a spot on conference calls, all the way up to $250 a month, which not only comes with the “raw analysis” of his “private notes,” but gave subscribers the ability to spend an extra $50 for an election night cheat sheet – a product unavailable oto most lower tier users…

On January 10, 2010, The Daily Beast posted an article titled: “‘Stop the Steal’ Organizer in Hiding After Denying Blame for Riot”. It was written by Will Sommer. From the article:

Two weeks before thousands of Trump rioters breached Congress, “Stop the Steal” organizer Ali Alexander said his group wasn’t violent – “yet.”…

…Alexander, who has described himself as one of the “official originators” of the Jan. 6 rally in Washington, went on to use “yet” as a code word for violence. Then Alexander told the Phoenix crowd about his plans for Washington.

“We’re going to convince them not to certify the vote on January 6 by marching hundreds of thousand, if not millions of patriots, to sit their butts in D.C. and close that city down, right?” Alexander said. “And if we have to explore options after that… ‘yet.’ Yet!”…

…Alexander led a host of activists in ratcheting up the rhetoric ahead of Congress’ certification of the electoral votes, threatening to “1776” opponents of Trump’s re-election. Now that five people, including a Capitol Police officer, are dead, however, Alexander has gone into hiding, and the website promoting his Jan. 6 rally has been wiped from the internet.

Alexander is defiant, saying he won’t “take an iota of blame that does not belong to me.”

“I didn’t incite anything,” Alexander said in a video posted Friday to Twitter, “I didn’t do anything.”…

…On Sunday night, Twitter banned Alexander’s personal account and an account for “Stop The Steal”. Alexander didn’t respond to a request for comment.

Alexander is a convicted felon, after pleading guilty to felony property theft in 2007 and felony credit card abuse in 2008. Alexander first appeared in conservative politics in the Tea Party era under the name “Ali Akbar”…

…In the Trump era, now using a new name, Alexander emerged as an idiosyncratic, trash-talking MAGA die-hard affiliated with figures like InfoWars conspiracy theorist Alex Jones, anti-Muslim Trump booster Laura Loomer, blundering provocateur Jacob Wohl, and Trump ally Roger Stone…

…After Trump’s election defeat, Alexander positioned himself as one fo the leading Trump re-election dead-enders with his “Stop the Steal” group, which quickly became a clearinghouse for pro-Trump personalities rallying outside of state capitols in contested battleground states…

…Now, Alexander claims to be in hiding, alleging in a video posted Friday that he needs $2,000 a day to fund his security detail and other expenses and hitting his fans up for donations. In a bizarre moment in his fundraising pitch, Alexander claimed that he was being targeted by the supernatural: “Witches and wiccans are putting hexes and curses on us.”…

On January 20, 2021, CNN posted an article titled “Right-wing extremists and their supporters use Christian website to raise funds”. It was written by Majile de Puy Kamp and Scott Glover. From the article:

…Among the [GiveSendGo] campaigns and their beneficiaries: Ali Alexander, a Stop the Steal organizer who raised money for a “security and administrative team.” As of today, he’s reached 75% of his $40,000 goal on the platform…


First Guy to Enter the Capitol Through a Broken Window

On January 17, 2021, a Special Agent for the FBI wote a Statement of Facts for U.S. Magistrate Judge Robin Meriweather. From the Statement of Facts:

…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 House and Senate session 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…

As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and the U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside…

…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 Thursday, January 7, 2021, a tipster, who will be referred to as T-1, called the FBI’s National Threat Operations Center (NTOC) and identified MICHAEL SPARKS as being the first individual to climb through a broken window into the Capitol building on January 6, 2021.

The next day, an FBI agent interviewed T-1 by telephone. T-1 explained that s)he is an acquaintance of SPARKS and overheard SPARKS discuss plans to travel to Washington, D.C. on January 6, 202, to attend the pro-Trump rally. (S)he heard SPARKS tell another person, “This time we are going to shut it down.”

After the incidents at the U.S. Capitol on January 6, 2021, T-1 saw videos and photographs posted online of men breaking windows and illegally entering the U.S. Capitol building; T-1 identified SPARKS in some of those videos and photographs. On January 12, 2021, law enforcement conducted an in-person interview with T-1. T-1 reviewed several videos and screenshots of individuals inside the U.S. Captiol building and again identified SPARKS.

In particular, T-1 identifed SPARKS in a video in which SPARKS is inside the Capitol building confronting a U.S. Capitol Police (“USCP-1”). Video footage from January 6, 2021, which has been widely posted online, including on The Washington Post webpage, shows SPARKS following a group of men inside the U.S. Capitol building. The group is led by Douglas Austin Jensen. The video shows Jensen leading the crowd toward USCP-1 in a menacing manner, which causes USCP-1 to retreat. When USCP-1 reaches a staircase, he turns and runs up a flight of stairs in an attempt to get help. The video footage captures Jensen chasing USCP-1 up the stairs while shouting at him, as the group of men follows. Once Jensen and USPC-1 reach the next floor, several other USCP officers walk up in an effort to assist USCP-1 and stop Jensen and the group. SPARKS then walks to the front of the group and confronts USCP-1. A USCP officer yells, “Leave now!” to which SPARKS responds, “We’re standing here for you as well.” SPARKS then yells, “This is our America! This is our America!” He becomes increasingly agitated and points his finger at USCP-1. A Reuters photograph from SPARKS’s confrontation with USCP-1 shows him wearing black gloves with a skeleton imprint, black jacket, jeans, and glasses…

…After talking to the FBI agent on January 8, 2021, T-1 sent the following screenshots from various news sources by email to the agent, and identified SPARKS in the photographs as the man wearing glasses with a black jacket and no hat…

…SPARKS appears to be wearing the same black gloves that can be seen in the Reuters photograph… but in the bottom two photographs he is no longer wearing those gloves and appears to be photographing or videotaping the encounter with officers using a black in color cellphone.

T-1 also reviewed a video of individuals breaking a window of the U.S. Capitol building using a plastic police shield. T-1 identified SPARKS… as the individual who first climbs into the building after the glass is broken…

…SPARKS is wearing blue jeans, a black jacket, and black gloves with an imprint on them…

…Video surveillance from inside the U.S. Capitol building on January 6, 2021, shows SPARKS entering through the window and jumping down to the floor at about 2:13 p.m. A screenshot from that video shows him immediately after he climbed through the window…

The timing of this incident is consistent with USCP surveillance video from inside the U.S. Capitol building near the Ohio Clock corridor at about 2:15 p.m., where SPARKS is seen confronting USCP officers. Screenshots from that video show SPARKS confronting officers…

…The FBI also received a tip from another tipster, who will be referred to as T-2. T-2 sent the FBI a photograph of SPARKS inside the U.S. Capitol building on January 6, 2021. T-2 circled SPARKS using a red marker…

…Tipster 3 T-3), who knows SPARKS well, also contacted the FBI because T-3 was concerned about the messages that SPARKS posted on his Facebook page after January 6, 2021. T-3 provided screenshots of several Facebook messages from SPARK’s Facebook page. T-3 stated that she is Facebook friends with Mike Sparks and recognizes the Facebook profile titled, “Mike Sparks,” as SPARKS’s account. In one post provided by T-3, SPARKS ominously warns, “A new dawn is coming. Be ready. Just pray and trust in the Lord”…

…In another post provided by T-3, SPARKS states, “TRUMP WILL BE YOUR PRESIDENT 4 more years in JESUS NAME. No need to reply to this just be ready for a lot of big events. Have radios for power loss, etc. Love every body [sic]”…

…T-3 also provided the FBI with other screenshots from SPARK’s Facebook page in which he states that he will be traveling to D.C. for the pro-Trump rally. On December 30, 2020, SPARKS replies to President Trump’s message, “JANUARY SIXTH, SEE YOU IN DC!,” by saying “I’ll be there.”…

…T-3 stated in an email to an FBI agent that she knew of SPARK’s attendance at the pro-Trump rally due to social media posts and text messages SPARKS sent to another family member.

Your Affiant reviewed the publicly available Facebook account for “Mike Sparks,” which states that he lives in Elizabethtown, Kentucky, and is married to Amanda Swan Sparks. Your affiant verified through a law enforcement database that SPARKS is married to Amanda Sparks.

Based on the foregoing, your affiant submits that there is probable cause to believe that Michael N. SPARKS 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; and 2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business 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 probable cause to believe that Michael N. SPARKS violated 40 U.S.C. § 5104(e)(2)(D) and (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 Buldings.

Your affiant submits there is probable cause to believe that Michael N. SPARKS violated 18 U.S.C. § 231 (a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any… law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects… the conduct or preformance of any federally protected function.

For purposes of 231, the term “civil disorder” means any public disturbance involving acts of violence by assemblages of three or more persons which causes an immediate danger of, or results in damage or injury to property or person of any other individual….

…For purposes of Section 231, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentatlity of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes…

…For purposes of Section 231, the term “law enforcement officer” means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia…

On January 18, 2021, Louisville Courier Journal posted an article titled: “Elizabethtown man arrested on charges over alleged role in US Capitol riot”. It was written by Lucas Aulbach. From the article:

An Elizabethtown man accused of entering the U.S. Capitol through a broken window during the riot earlier this month is the latest Kentucky resident to face federal charged in the fallout from the incident.

Three tipsters reached out to the FBI in the days after the riot, according to an affidavit filed in U.S. District Court, to identify Michael Sparks as the man shown on several videos from the event entering the Capitol building and roaming through the halls as Electoral College votes in the 2020 presidential election were being certified.

Sparks was arrested in Elizabethtown Tuesday, accoridn to a tweet from the federal agency.

Sparks was the first individual to enter the Capitol through the broken window around 2:13 p.m., the affidavit said, but he was not the last…

…Sparks is shown in the videos of the incident shouting and acting in a threatening manner toward a Capitol Police officer who the group had confronted, the FBI said…


Guy who Dragged an Officer to be Beaten by a Man with a Flagpole

On January 15, 2021, a Special Agent with the FBI wrote a Statement of Facts for U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

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. Captiol was also clsoed to members of the public…

…As the proceedings continued in both the House and the Senate, with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around 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 such time, the certification proceedings sill underway and teh 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, between 1:00 p.m. and 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…On January 6, 2020, during the above-referenced events, Officer B.M. (“B.M.”) of the Washington D.C. Metropolitian Police Department (“MPD”) was working his evening shift in his official capacity. During that shift, B.M. was directed to report to the U.S. Capitol building to assist the U.S. Capitol Police in their duties to maintain security of the U.S. Capitol building.

Between 4:00PM and 5:00PM that same day, B.M.walked through an interior tunnel of the U.S. Capitol building and assumed a post in an archway which provided access to the building’s exterior…

…From this archway, alongside other uniformed law enforcement officers, B.M. observed hundreds of individuals gathered outside. Some of these individuals were throwing and swinging various objects at the group of law enforcement officers. While standing in the archway to prevent the group of individuals from breaching the U.S. Capitol building, and while wearing his official MPD uniform, some of these individuals grabbed B.M. and dragged him down the stairs of the Capitol building. These individuals forced B.M. into a prone position on the stairs and proceeded to forcibly and repeatedly strike B.M. in the head and body with various objects.

Specifically, one of the individuals that was depicted in at least one photograph and numerous videos wearing a tan colored jacket, black helmet, green backpack and black gloves near and overtop of B.M. This individual can be seen in the… photograph holding an instrument believed to be a police officer’s baton across the police officer’s lower neck. His hand is on the back side of B.M…

…In the… video, the same individual that appears in the still photograph, can be seen running up the stairs of the United States Capitol and attempting to grab the leg of a presumed police officer… The presumed officer seems to kick the individual away from him causing the individual to fall backwards down the stairs.

Some moments later, this individual is captured once again seen ascending the stairs of the Capitol, but this time the individual seems to grab a police officer and pulls the officer down the stairs. It should be noted that the individual in the still photograph is dressed in the exact same clothes, to include accessories (backpack and gloves), as the individual seen in the video.

On January 11, 2021, at approximately 1630 hours, officers from the Clarkstown Police Department responded to a vehicle, Massachusetts Registration… driving erratically in the town of New City NY. The vehicle was located and the driver, subsequently identified as Jeffrey SABOL, was found covered in blood, suffering from severe lacerations to both thighs and arms. While officers aided SABOL, he made several spontaneous statements to include but not limited to: “I am tired, I am done with fighting”, “My wounds are self-inflicted”, I was “fighting tyranny in the DC Capital”, “I am wanted by the FBI”.

Clarkstown Police conducted an inventory search of SABOL’s vehicle. The inventory included, among other items, razor blades, a note with instruction and password to a computer, Sabol’s Passport, Social Security Card, airline e-ticket, rental car agreement, and numerous electronic devices. Most importantly, the car contained a green backpack and a tan Carhartt jacket, similar to the ones depicted in the still shots above. The vehicle was secured and towed to the Clarkstown Police Impound Yard.

On January 12, 2021, law enforcement officers spoke with SABOL while he was recovering at the Winchester Medical Center. SABOL advised that on January 6, 2021, he was at the U.S. Capitol and hew as wearing a brown Carhartt jacket, a black or grey helmet, a big green backpack, and black gloves. The Carhartt jacket was the same jacket that was located in his vehicle the night he attempted suicide and was found by the police, according to SABOL. On January 13, 2021, law enforcement again spoke with SABOL, and asked SABOL to review… video 1 and 2 of the riots that took place on January 6, 2021 at the U.S. Capitol building. SABOL reviewed the video and stated he was indeed in the video, wearing the same clothes he described above.

SABOL stated to law enforcement that he ran up the stairs and jumped over a barricade. Once over the barricade, SABOL dragged a police officer down the stais away from the tunnel. SABOL acknowledges that the video seemed to depict him throwing punches at the police officer, but he claimed he was “patting him on the back” and saying “we got you man.” Once at the bottom of the stairs, SABOL claims he “covered the police officer for his own safety” while others hit the police officer with poles. SABOL retreated from that location and ended up on the left side of the stairway with a crowd of people. SABOL told law enforcement that, approximately fifteen minutes later, a “call to battle was announced” and SABOL “answered the call because he was a patriot warrior.” This time, SABOL took a police officer’s baton out of the officer’s hand and used it to “protect the officer” who was on the ground.

SABOL was shown the above-referenced still photo of a police officer lying face down on the ground with SABOL over him. SABOL acknowledged that he is the individual in the picture. SABOL acknowledged that this picture looked bad and he could not recall if he hit the police officer with the baton because he was in a fit of rage and the details are cloudy.

Based on the foregoing, your affiant submits that there is probable cause to believe that SABOL violated 18 U.S.C. 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof. This includes the Joint Session of Congress where the Senate and House Count Electoral College votes.

On January 22, 2021, CNBC posted an article titled: “Capitol rioter Jeffery Sabol dragged cop to be beaten with a flagpole ‘in a fit of rage’ prosecutor says”. It was written by Dan Mangan and Hannah Miao. From the article:

A geophysicist from Colorado admitted to authorities that he was “in a fit of rage” when he dragged a Washington D.C., police officer to be viciously beaten by a man with a flagpole and others during the U.S. Capitol riot on Jan. 6, a prosecutor revealed.

The suspect, Jeffrey Sabol, tried to kill himself sometime after the riot and also bought a plane ticket from Boston to Zurich, Switzerland, the prosecutor said at Sabol’s arraignment hours after his arrest at a Westchester Count, New York, hospital Friday morning.

“He has the financial wherewwithal to flee these charges,” Assistant U.S. Attorney Benjamin Gianforti said during a hearing conducted over videoconference and phone in U.S. District Court in White Plains, New York…

…Sabol “admitted to being in a fit of rage” during the attack on the cop and told authorities that his memory from much of the rest of the day on Jan. 6 is foggy, Gianforti told Judge Andrew Krause.

Krause ordered Sabol, 51, held without bond on a criminal complaint filed against him in U.S. District Court in Washington, D.C., calling him a danger to the community and a risk of flight.

“That conduct is beyond the pale,” Krause said in ordering Sabol’s detention on a charge of civil disorder.

“These are extremely serious actions and these actions have consequences,” the judge told Sabol, a divorced father of three who grew up in New York state and whose sister is a colonel in the U.S. Army.

Sabol, authorities said, is seen during the riot on a widely viewed video wearing a brown jacket, a helmet and a green backpack as he dragged a Metropolitan Police Department officer on the ground in front of the Capitol, where another rioter began hitting the officer with a flagpole bearing an American flag…

…Sabol’s court-appointed attorney, Jason Ser, who asked that Sabol be released on a $200,000 bond, told Krause that Sabol spent a week in a psychiatric center receiving treatment after the riot.

Ser said the defendant is now stable. He also said Sabol plans to retain a private attorney…


The Guy Who Beat a Police Officer with a Flagpole

On January 6, 2021, a Special Agent of the Federal Bureau of Investigation wrote a Statement of Facts for U.S. Magistrate Judge G. Michael Havey. From the Statement of Facts:

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…

…As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around 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 such time, the certification proceedings were still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise securied. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shorty around 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…A number of law enforcement officers were assaulted while attempting to prevent rioters from entering the U.S. Capitol. These assaults occured both inside the Capitol building, as well as on the steps outside of the Captiol and on the grounds of the Capitol.

The FBI has obtained bodyworn (“BWC”) footage from the Metropolitan Police Department (“MPD”) that depicts an assault on MPD Officer N.R. (“N.R.”) that occured on the Capitol grounds, near the bile rack barricade line at the base of the West Front of the Capitol building. N.R. had been dispatched to that location in order to assist U.S. Capitol Police officers with protecting the Capitol grounds and buildings.

Your affiant reviewed the BWC footage depicting the assault. As seen in the BWC footage, at approximately 2:28 p.m. EST, an individual wearing a red, black, and white snow jacket, blue jeans, and brown work boots – later identified as United States Marine Corp veteran and retired New York City Police Department Officer Thomas WEBSTER (“WEBSTER”) – is seen approaching N.R., who is barricaded behind a metal gate. WEBSTER enters the screen carrying a large metal flagpole. As he enters the screen, WEBSTER is waiving his finger at N.R. and yelling “You fucking piece of shit. You fucking Commie motherfuckers, man… Come on, take your shit off. Take your shit off.” WEBSTER is carrying a large metal flagpole, with a red U.S. Marine Corps flag attached to it.

After berating N.R., WEBSTER can be observed aggressively shoving the metal gate into N.R’s body and then arming himself with the metal flagpole.

WEBSTER then raises the metal flagpole above his head and forcefully swings downward, striking the barricade directly in front of N.R.

WEBSTER then attempts to attack N.R. by lunging toward him with the metal flagpole. WEBSTER strikes at N.R. with the flagpole numerous times.

N.R. is eventually able to wrest the weapon away from WEBSTER’s clutch, before N.R. falls to the ground. N.R. quickly stands back up, and begins retreating further behind the metal baracade.

WEBSTER proceeds to break through the metal barricade and begins charging toward N.R. with clenched fists. WEBSTER ultimately lunges at N.R. and tackles him to the ground. WEBSTER’s assault of N.R. while on the ground lasts approximately ten seconds.

Your affiant has reviewed open source media from Twitter that depicts WEBSTER’s assault of N.R. from a different angle. In these open source images, WEBSTER can be seen pinning N.R. to the ground and straddling him while he tries to forcibly remove N.R.’s face shield and gas mask.

Your affiant has interviewed N.R. as part of this investigation. During the interview, N.R. advised that the individual who had assaumted him attempted to rip off N.R.’s helmet, and that he was being choked by his chin strap and was unable to breathe during this portion of the assault.

Finally, your affiant has reviewed an open source video posted to YouTube that depicts WEBSTER on the staircase leading to the Upper West Terrace of the Capitol building. Beginning at time stamp 00:31 of the video, WEBSTER says into the camera, “Send more patriots. We need some help.” WEBSTER also appears to be wearing a dark blue or black body armor vest over his torso.

Based on the BWC footage and open source video described above, the FBI created a profile for WEBSTER in its “Be On The Lookout” (BOLO) Assault on Federal Officer (AFO) list for the ongoing U.S. Capitol Riot investigations.

Your affiant has also compared the BOLO photos of WEBSTER to a June 2020 passport application photo submitted by WEBSTER and can confirm that the individual in the passport photo resembles the individual in the BOLO photos. Additionally, your affiant has reviewed photos from a public Facebook page belonging to one of WEBSTER’s family membes and can confirm that the individual in these Facebook photos resembles the individual who assaulted N.R. outside the U.S. Capitol on January 6, 2021. In the photo on the left, WEBSTER appears to be wearing a red Marine Corps shirt.

On January 5, 2021, at approximately 4:32 a.m., EST, a license plate reader on the Southbound Baltimore-Washington Parkway (Route 295), at Kenilworth Avenue Northeast, Washington, D.C., took a photo of a New York license plate number ……. which is registered to WEBSTER.

Finally, on February 19, 2021, your affiant spoke to an administrator at the high school attended by WEBSTER’s children. Your affiant then e-mailed the adminsitrator BOLO 145 images A and C. The administrator positively identified the individual as WEBSTER. the administrator confirmed that he/she had seen WEBSTER many times because WEBSTER regularly drops his child off at school…

…Based on the foregoing, your affiant submits there is probable cause to believe that WEBSTER violated the following:

18 U.S.C. § 111(a)(1) and (b), which makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person designated in 18 U.S.C. § 1114 as an officer or employee of the United States while engaged in or on account of the performance of official duties. Persons designated within section 1114 include any person assisting an officer or employee of the United States in the performance of their official duties. Subdivision (b) includes an enhancement for violating this provision while using a deadly or dangerous weapon.

18 U.S.C. § 231(a)(3), which makes it unlawful to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commercce or the conduct or performance of any federally protected function. For purposes of Section 231 of Title 18, a federally protected function means any function, operation, or action carried out, under the laws of the United States, by any employee thereof. This includes the Joint Session of Congress where the Senate and House count Electoral College votes.

18 U.S.C. § 1752(a)(1), (2), (4) and (b)(1)(A), which makes it a crime, with respect to subdivision (a)(1), to knowingly enter or remain in any restricted building or grounds without lawful authority to do so; with respect to subdivision (a)(2) to 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; and with respect to subdivision (a)(4) to knowingly engage in any act of physical violence against any person or property in any restricted building or grounds; or attempt to conspire 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. Subdivision (b)(1)(A) includes an enhancement for violating this provision while using a deadly or dangerous weapon.

40 U.S.C. § 5104(e)(2)(D), (F), which makes it a crime, with respect to subdivision (e)(2)(D), to willfully and knowingly utter loud, threatening, or abusive language or engage in disorderly or disruptive conduct, at any place on 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 with respect to subdivision (e)(2)(F), to willfully and knowingly engage in an act of physical violence in the Grounds or any of the Capitol Buildings….

On February 23, 2021, NBC New York posted an article titled: “Retired NYPD Cop Once Assigned to Secure City Hall Accused of Pipe Attack on Capitol Police”. It was written by Johnathan Dienst and Joe Valiquette. From the article:

A retired NYPD officer who had been assigned for a time to work perimeter security at City Hall and Gracie Mansion, the mayor’s official residence, has been accused of using a pipe to attack a U.S. Capitol officer during the Jan 6. siege, law enforcement officials with knowledge of the case told News 4 Tuesday.

Thomas Webster surrendered to the FBI’s Hudson Valley office Monday to face charges in the ongoing investigation. A day later in White Plains federal court, prosecutors said the former U.S. Marine attacked a Capitol police officer with an aluminum pole while holding a Marine Corps flag. Webster then allegedly ripped off a mask and caused the officer to choke, prosecutors said.

Assistant U.S. Attorney Benjaman Gianforti said video footage at the Jan. 6 events showed Webster “clear as day” attacking an officer. Prosecutors described a look of rage on Webster, captured on video, that was reflective of a man about to unleash violence. And they accused him of doing just that…

…The 54-year-old Webster… is later seen in the video that was posted to YouTube on a staircase leading to the Capitol building, the complaint says, saying into the camera “Send more patriots. We need some help.”

Gianforti said the videos also show ” a look of pure rage on the defendant’s face.”

“His teeth are gritted. This is a man who is about to unleash some kind of violence on sumebody and, in fact, he did on that poor police officer,” the prosecutor said.

Webster was wearing a bulletproof vest at the time, implying he was prepared for physical conflict, prosecutors added. The 20-year-NYPD veteran brought a gun to Washington D.C., the day of the siege, prosecutors say. Webster claimed he left it in the hotel, but he was wearing bulky clothing in the video footage shared by the FBI. Regardless, it’s against the law just to carry a weapon in Washington, D.C….

…Defense lawyer James Monroe said Webster did go to the U.S. Capitol to participate in a protest that January day but was not part of any group or organization. Monroe said his client was hit by the Capitol officer before retailiating; he never fired a shot in his decades-long career with the NYPD…

…Webster turned over the weapons he owns of his own volition, along with his pistol permit and his passport, Monroe said. Webster does not deny he was the man in the red jacket seen in FBI-circulated video and imagery, Monroe said. But he said his client has no history of political activism…

…The lawyer offered to agree to monitoring and travel restrictions as part of a deal to keep Webster out of jail pending trial. Monroe asked that Webster be released on unsecured bond. He said his client plans to plead not guilty.

A judge agreed that Webster was not a flight risk but ordered him held without bail over the potential threat he could pose to the community….

Gianforti said federal sentencing guidelines would recommend a prison term of at least five years in prison if Webster chose not to go to trial and pleaded guilty to the charges. If convicted at trial, the recommended prison term would be much higher, he said…


Guy Who Wore a Blue QAnon Hoodie to the Capitol

On January 14, 2021, New York Post posted an article titled: “Feds investigating NYC sanitation worker caught on video at Capitol Hill riot”. It was written by Craig McCarthy, Nolan Hicks and Elizabeth Elizalde. From the article:

Federal investigators are looking into a city Department of Sanitation employee after he was caught on video at the Capitol Hill riot last week when thousands of President Trump’s supporters stormed the building, The Post has learned.

Dominick Madden, 43, was identified in videos circulating on social media showing him standing outside the Capitol building during the violent siege in Washington DC last Wednesday, police sources said.

The man appears to be the man in the videos wearing a blue “QAnon” hoodie, a baseball cap and waving a Trump flag…

…The FBI is investigating Madden to see if he broke any law, the sources said, adding that the sanitation employee has also been banned from Facebook.

Madden still remains on the job pending an investigation…

On January 21, 2021, a Special Agent for the FBI wrote a Statement of Facts for U.S. Magistrate Judge Robin M. Meriweather. From the Statement of Facts:

…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 areas 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 Represenatives 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…

…As the proceedings continued in both the House and the Senate, and with Vice President Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around 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…

…On January 14, 2021, the New York Post newspaper featured an article titled “Feds investigating NYC sanitation worker caught on video at Capitol Hill riot.” The article identifies the sanitation worker as Dominick Madden, 43, and reports that videos were circulating online that identified Madden, who was photographed and videotapes shouting the QAnon slogan, wearing a QAnon hoodie, and waving a trump flag in front of the Capitol building. The article states that New York Post “Sources” advised Dominick Madden was under FBI investigation at the time of the article…

Based on the above information, on January 15, 2021, you affiant provided the description of Dominick Madden to the US Capitol Police to request video footage of Dominick Madden entering the Capitol building.

On January 17, 2021, your affiant was advised by the U.S. Capitol Police that video surveillance footage had been identified that showed Dominick Madden entering the U.S. Capitol Building through the Senate Wing door at 14:59 hours on January 6, 2021. In the surveillance video, he is wearing the same blue hooded sweatshirt and carrying the same flag as seen in the New York Post article photograph…

…Dominick Madden is seen on video footage walking to the Crypt area of the U.S. Capitol Building… and returns back to the Senate Wing where he stands and speaks to other rioters. He leaves through the same Senate Wing door at 15:12 hours…

…The FBI was able to identify a telephone number… with Dominick Madden based upon database searches and through records provided by Dominick Madden’s employer.

A subsequent internet search of this telephone number identified the below Telegram account with Display Name “Dominick Madden.” The profile picture of this Telegram account (on the left) depicts an individual wearing a QANON shirt, whose appearance is consistent with other photographs of Madden obtained by the FBI…

…On January 17, 2021, a Department of Homeland Security (HSI) Special Agent assigned to the FBI New York City Office queried passport information for Madden. A United States Passport was found to be issued to Dominick Dennis Madden with a date of birth and social security number matching the information voluntarily provided by Dominick Madden’s employer, the New York City Department of Sanitation.

A review of the passport application provided by Dominick Madden for the issuance of the above referenced passport indicates he is an employee of the “Department of Sanitation of NY” and lists his employment as “sanitation worker,” consistent with the information in the New York Post newspaper article depicting Dominick Madden at the U.S. Capitol Building.

On January 19, 2021, New York City Department of Sanitation investigators advised the FBI that Dominick Madden, was interviewed on or about January 15, 2021, based on the New York Post newspaper article. In the interview, Dominick Madden advised investigators for the New York City Department of Sanitation that he was out on sick leave during the incident in question on January 6, 2021, and admitted to being out of the house without authorization during this time frame. For legal reasons, Dominick Madden was not questioned by the Ney York City Department of Sanitation investigators regarding his participation in the riot or entrance into the U.S. Capitol Building on January 6, 2021. Dominick Madden is currently suspended by the New York City Department of Sanitation.

The FBI obtained records from New Jersey license plate readers regarding the license plate associated with Madden in New York DMV records. License plate readers captured Madden’s vehicle traveling on I-295 southbound at the Delaware Memorial Bridge on January 5, 2021. Additionally, on January 7 2021, a partial plate reading for the vehicle was captured returning northbound on I-295 at the Delaware Memorial Bridge.

Maryland license plate readers similarly capture Madden’s vehicle traveling southbound on I-95 and I-895 on January 5, 2021, through the Baltimore region, consistent with a person traveling towards Washington D.C. Additionally, on January 7, 2021, Maryland license plate readers captured Madden’s vehicle traveling northbound on I-895 and I-95 through the Baltimore region consistent with a person returning to the New York region – by way of the Delaware Memorial Bridge.

On January 20, 2021, investigators with the New York City Department of Investigation informed the FBI that they made contact with an employee at the New York City Department of Sanitation who knows Dominick Madden and has worked with him since 2016. The employee was shown the video linked to the New York Post article from January 6, 2021 at the U.S. Capitol Grounds. When asked if he recognized the person in the video, the employee indicated that he “could be a person who works for me” and stated the individual “looks like Madden.” The employee indicated they refer to others they work with by last name, and confirmed that they were referencing Dominick Madden.

Based on the foregoing, your affiant submits that there is probable cause to believe that Dominick Madden 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; and (2) knowingly, and with intent to impede or disrupt the orderly conduct in, or within, such proximity to, or any restricted buildings 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 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 Dominick Madden 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 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.

On January 22, 2021, CNBC posted an article titled: “Captiol rioter Jeffery Sabol dragged cop to be beaten with a flagpole ‘ in a fit of rage,’ prosecutor says”. It was written by Dan Mangan and Hannah Miao. From the article:

…Also Friday, a New York City sanitation worker was arraigned on charges of participating in the riot.

The Defendant, Dominick Madden, was identified in videos posted online showing him at the Capitol Hill insurrection wearing a sweatshirt supporting right-wing conspiracy QAnon. The New York Post first reported his identification on Jan. 14.

Madden was arraigned in the federal court in Brooklyn by Magistrate Judge Ramon Reyes Jr.

Madden, 43, was charged in the District of Columbia with knowingly entering or remaining in any restricted building or grounds without lawful authority, knowingly engaging in disorderly or disruptive conduct in any restricted building or grounds, and violent entry and disorderly conduct on Capital grounds…

…Madden was released on a $150,000 bond, with his sister and brother-in-law’s Middletown New Jersey, home listed as collateral.


Guy who Threatened Vice Presdent Pence at the Capitol

On January 14, 2021, a Special Agent with the FBI wrote an Affiddavit In Support of Criminal Complaint and Arrest Warrant for U.S. Magistrate Judge Robin M. Meriweather. From the Affidavit:

…This affidavit is being submitted in support of a criminal complaint and an arrest warrant based on probable cause to believe that DAMON MICHAEL BECKLEY has committed the offenses of Unlawful Entry of a Restricted Building, in violation of Title 18, Section 1752(a), and Disorderly Conduct on Capitol Grounds, in violation of Title 40, Section 5104(e)(2)…

…This affidavit is intended to show merely that there is sufficient probable cause for the requested warrant and does not set forth all of my knowledge about this matter.

STATEMENT OF FACTS

The U.S. Capitol, which is located a First Street, SE, in Washington, D.C., is secured 24 hours a day by U.S. Capitol Police. Restrictions around the US 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 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. 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…

…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. The crowd was not lawfully authorized to enter or remain in the building, and, prior to entering the building, no members of the crowd submitted to security screenings or weapons checks by U.S. Capitol Police Officers or other authorized security officials…

…Your affiant identified DAMON MICHAEL BECKLEY as an individual who was inside the U.S. Capitol building on January 6, 2021, without authority. The FBI obtained at least two videos from YouTube and Witness 1 and one screenshot from Witness 1 depicting BECKLEY on the grounds of the U.S. Capitol. In one video…the portion of the U.S. Capitol grounds on which BECKLEY was depicted is a portion of the restricted grounds under 18 USC § 1752. That is, BECKLEY was inside the restricted area behind the permanent and temporary security barriers which posted, cordoned off, and otherwise restricted public access to the area.

One video appears to have been recorded using a cellphone or other handheld device that was taken during the riots in the U.S. Capitol on January 6, 2021. The recording shows scores of individuals climbing up steps and through scaffolding on the exterior of the Capitol. The video shows one man who self identified as DAMON MICHAEL BECKLEY. BECKLEY appears to be wearing a dark jacket with a lighter grey hood with the hood down, along a dark colored hat, and baseball cap. BECKLEY (who can be seen speaking on video) audibly states the following in the video.

BECKLEY: Vice President Pence, my name is Damon Michael BECKLEY and I do not appreciate one bit this situation you caused here sir. All this violence and everything was 100 percent unnecessary, okay. Now we’ve got a girl that’s shot, she’s dead, laying on the ground in there. We’re all crying like we can’t save her and you her blood is on your hands Mike Pence.

UNSUB: say you saw someone get shot

BECKLEY: they got they shot her right through the neck

UNSUB: i heard that too but i thought it was a rumor

BECKLEY: yeah with a service weapon

BECKLEY: we’re not putting up with this tyrannical rule. if we got to come back here and start a revolution and take all of these traitors out, which is what should be done, then we will”…

…The second video also appears to have been recorded using a cellphone or handheld device. During the recording, it appears that the individual recording the video briefly turns the camera around to record the crowd inside the Capitol, at which time BECKLEY is shown in the recording. BECKLEY appears to be wearing a dark jacket with a lighter grey hood and the hood up, along with a dark colored hat, and baseball cap.

I have identified BECKLEY as the person depicted in the photograph and videos in the following ways. First, on January 7, 2021, Witness 1, an individual with knowledge of BECKLEY’s social media activities contacted the FBI and reported that BECKLEY had posted a photograph of himself inside the Capitol building on January 6, 2021. The affiant obtained several screenshots from Witness 1, at least one of which appeared to depict BECKLEY inside the Capitol during the riots on January 6, 2021. Second, investigators obtained the Kentucky Department of Motor Vehicle DMV) photograph of BECKLEY and compared it to video and photograph described herein. The DMV photograph of BECKLEY appears to your affiant to match the individual shown in the videos and screenshots.

Based on the foregoing, your affiant submits that there is probable cause to believe that BECKLEY 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; and 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 BECKLEY violated 40 U.S.C. § 5204(e)(2)(C), D), E and (G), which makes it a crime to willfully and knowingly C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Captiol Buildings set aside or designated for the use of – i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; 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 of either House of Congress; E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings, and G) parade, demonstate, or picket in any of the Capitol Buildings.

CONCLUSION

Based on my training and experience, and the information provided in this affidavit, there is probablye cause to believe that on or about January 6, 2021, in the District of Columbia, DAMON MICHAEL BECKLEY did knowingly and willfully commit the offenses of Unlawful Entry of a Restricted Building, in violation of Title 18, Section 1752(a), and Disorderly Conduct on Capitol Grounds, in violation of Title 40, Section 5104(e)(2).

On January 19, 2021, USA Today posted an article titled: “‘It’s your house now: ‘ Kentucky man and cousing face federal charges in US Capitol riot”. It was written by Kala Kachmar. From the article:

…In Louisville, a man told WDBR News he was afraid of being arrested after he was captured on video leading at least 100 rioters past Capitol Police officers and into the hallway of the House chamber.

Damon Beckley, 52, is seen on a Jan. 6 video taken by another protester, Jayden X, who filmed his trip through the Capitol to reach the door of the House.

About 23 minutes into the video, Beckley. wearing a “Trump” beanie, a black cap and tan hood, can be seen standing with at least 100 angry protesters in Statuary Hall.

They stood before five officers who were trying to block off the hallway leading to the chamber, with about 10 more farther down the hall.

For several minutes, Beckley – at one point with a small, red bullhorn, – tried to quiet and calm the crowd, the video showed.

“Everybody needs to calm down,” Beckley yelled repeatedly.

“We can go into this room if we all calm down. And if we commit no violence, OK?” he said through the bullhorn.

At one point, a man wearing a winter hat started screaming and heckling the officers. Some also chanted, “We want Trump.”

Only a few minutes passed before the crowd, including Beckley, became unruly and pushed about 15 Capitol Police officers backwards. Second later, he was at the front of the crowd brushed up against the House chamber door.

In an interview with WDRB News on Thursday, Beckley said he regrets his decision to go inside the Capitol though he said he didn’t hit anyone and he tried to help people to get out. He said he only went in to check on a friend.

Beckley said he deleted his Facebook and removed the SIM card from his phone out of fear that the FBI would soon arrest and charge him, WDRB reported…


Proud Boy Biggs

On January 19, 2021, a Special Agent from the Federal Bureau of Investigation (FBI) wrote an Affidavit in Support of a Criminal Complaint. From the Complaint:

PURPOSE OF AFFIDAVIT

This Affidavit is submitted in support of a Criminal Complaint charging Joseph Randall Biggs (“BIGGS”) with violations of 18 U.S.C. § 1512(c)(2), 18 U.S.C. § 1752(a), and 40 U.S.C. §§ 5104(e)(2)(D) and (G), in connection with his actions inside the U.S. Capitol on or about January 6, 2021. I respectfully submit that this Affidavit establishes probable cause to believe that BIGGS (i) corruptly did obstruct, influence, or impede an official proceeding before Congres (ii) did knowingly enter or remain in a restricted building or grounds, i.e., the U.S. Capitol, without lawful authority, or did knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct; (iii) did willfully and knowinglu 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 the orderly conduct in that building or deliberations of either House of Congress…

…BACKGROUND – Joseph Biggs

Joseph BIGGS is a 37 year-old resident of the state of Florida. BIGGS is a member of a group known as the Proud Boys, and BIGGS is a self-described organizer of certain of their events.
Proud Boys is a nationalist organization with multiple U.S. chapters and potential activity in other Western countries. The group describes itself as a “pro-Western fraternal organization for men who refuse to apologize for the modern world; aka Western Chauvinists.” Proud Boys members routinely attend rallies, protests, and otehr First Amendment-protected events, where certain of its members sometimes engage in acts of violence against individuals whom they percieve as threats to their values. The group has an initiation process for new members, which includes the taking of an “oath”. Proud Boys members often were the colors yellow and black, as well as other apparen adorned with Proud Boys-related logos and emblems…

…Communications About the January 6 Demonstration at the U.S. Capitol
Beginning as early as December 2020, public communications from Proud Boys organizers, including BIGGS, encouraged members of the Proud Boys to attend the January 6, 2021, demonstration in Washington D.C. As described in more detail below, such communications included messages sent by the current Chairman of the

Proud Boys, Enrique Tarrio.

For example, on December 29, 2020, Tarrio posted a message on the social media site Parler about the demonstration planned for January 6, 2021. Among other things, Tarrio announced that the Proud Boys would “turn out in record numbers on Jan 6tj but this time with a twist… We will not be wearing our traditional Black and Yellow. We will be incognito and we will be spread across downtown DC in smaller teams. And who knows… we might dress in all BLACK for the occassion.” I believe the statment about dressing in “all BLACK” is a reference to dressing like the group known as “Antifa,” who the Proud Boys have identified as an enemy of their movement and are often depicted in the media wearing all black to demonstrations.

On or around the same day, BIGGS posted a similar message to his followers on Parler in which he stated, among other things, “we will not be attending DC in colors. We will be blending in as one of you. You won’t see us. You’ll even think we are you… We are going to smell like you, move like you, and look like you. The only thing we’ll do that’s us is think like us! Jan 6th is gonna be epic.” I understand that BIGGS was directing these statements at “Antifa.”

Separately, BIGGS has described the Proud Boys’ efforts, in general, to plan for demonstrations and events attended by the Proud Boys. In an interview that was purportedly taped in December 2020 and posted online on or about January 3, 2021, BIGGS described how he, as an organizer of Proud Boys events, sets about planning them. BIGGS explained, in part:

When we set out to do an event, we go alright, what is or main objective? And that’s the first thing we discuss. We take three months to plan an event. And we go, what’s our main objective. And then we plan around that, to achieve that main objective, that goal that we want.

BIGGS’ Participation in Unlawful Events at the Capitol on January 6, 2021

I have studied video footage and still photographs of the January 6, 2021, incursion of U.S. Capitol, and I have identified an individual in them as BIGGS through comparison of those images to photographs and videos of BIGGS that are widely available online. In addition, I have reviewed video footage taken by others during the event in which others contemporaneously identify the same individual as BIGGS…

…On January 6, 2021, an individual that I have identified as BIGGS and a group pf people that hold themselves out as Proud Boys were depicted on the east side of the U.S. Capitol. Consistent with the directive issued by organizers of the Proud Boys, including Tarrio and BIGGS, none of the men pictured are wearing Proud Boys colors of black and yellow, but are instead dressed “incognito.” Indeed, BIGGS, wearing glasses and a dark knot hat, is dressed in a blue and grey plaid shirt.

BIGGS was identified in a video taken by a man purporting to be a member of the Proud Boys (“Person A”). Specifically, Person A gave an interview to ABC Action News, which was published on January 9, 2021. As part of that interview, Person A shared footage that Person A claims was taken on January 6, 2021, while Person A and others were participating in the demonstration. In the version of the interview produced online, Person A can be heard saying, “Yeah, that’s Joe Biggs, that’s Ruffio.” Based on my investigation, I understand Person A to be identifying the man in the plaid shirt as BIGGS, as the man in the sunglasses as Proud Boy Ethan Nordean, a/k/a Rufio Panman.

At or around January 6, 2021, BIGGS and others were observed marching at the front of the group of individuals on Constitution Avenue, Northwest, in the area around First Street, Northwest. The group was engaged in various chants and responses calls, including “F*** Antifa!” and “Whose streets? Our streets!”
BIGGS and others then stopped at or around 12:15 p.m. near Second Street and Constitution Avenue, NW…

…The U.S. Capitol Building is Breached

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.
One such video depicts an individual, now identified as Proud Boys member Dominic Pezzola, breaking the window of the U.S. Capitol Building with a clear plastic shield at approximately 2:13 p.m. Shortly after the glass in the window is broken, an unidentified individual can be heard yelling words to the effect of “Go, Go, Go!” Several individuals enter the building through the broken window, including Pezzola. A nearby door was opened and a crowd of people began to enter the Capitol.

I have reviewed video footage that was live streamed on the social media site Parler on January 6, 2021. One of those clips shows what I believe to be people entering the Capitol shortly after the events described in the preceding paragraph. One of those individuals, who entered the door within 20 seconds of its opening, is a person that I believe to be BIGGS. In the video, a voice off camera says, “Hey, Biggs, what do you gotta say?” The person depicted below smiles broadly and replies, “this is awesome!” before pulling his gaiter up to cover his face.

Your affiant has reviewed additional footage from the events inside the U.S. Capitol. in one image, shown below, Pezzola appears to have what I believe to be an earpiece or communication device in his right ear. In my experience, such a device could be used to receive communications from others in real time. Your affiant also notes that multiple individuals were photographed or depicted on videos with earpieces, including other individuals believed to be associated with the Proud Boys. For instance, in the picture of the Proud Boys referenced above in Paragraph 13, an individual believed to be part of the group is pictured wearing a similar earpiece.

Your affiant has also identified certain Proud Boys at the U.S. Capitol on January 6, 2021, who appear to have walkie-talkie style communication devices. For instance, in the picture of the Proud Boys referenced above Paragraph 13, both BIGGS and the individual next to him have such devices on their chests.

On or about January 18, 2021, BIGGS spoke with agents of the FBI after video emerged online of him inside the U.S. Capitol. BIGGS stated, substance and in part, that he was present in Washington, D.C., for the demonstration on January 6, 2021. BIGGS admitted to entering the Capitol building on January 6, 2021, without forcing entry. BIGGS informed the interviewing agent that the doors of the Capitol were wide open when he made his entry into the building. BIGGS denied having any knowledge of any pre-planning of storming the Capitol, and had no idea who planned it.

On January 21, 2021, CNN posted an article titled: “Proud Boys leader Joseph Biggs arrested in Florida in connection with the Capitol riot”. It was written by Katelyn Polantz, Mallory Simon, and Amir Vera. From the article:

A leader of the Proud Boys, an extremist group that took part in the US Capitol Insurrection, was taken into custody and is facing charges, federal officials said.

Joseph Randall Biggs, 37, of Florida was arrested Wednesday and is facing three counts– obstruction of a proceeding, entering restricted grounds and disorderly conduct — for his part in the siege of the Capitol on January 6, according to the Justice Department and an FBI affidavit. The FBI described Biggs in the affidavit as an organizer for the Proud Boys.

Biggs appeared in court in Orlando on Wednesday and was released under home confinement and other restrictions, according to his court file. A lawyer who represented him in court did not respond to a request for comment…

On April 8, 2021, The Daytona Beach News-Journal (via MSN) posted an article titled: “Federal prosecutors seek to revoke pre-trial release, detain Volusia Proud Boys member”. It was written by Frank Fernandez. From the article:

Federal prosecutors are seeking to revoke Volusia County Proud Boys leader Joseph Biggs’ home detention and lock him up pending trial charges related to the Jan. 6 attack on the U.S. Capitol Building, saying Biggs is a leader of the group and as such poses a “grave danger” to the community.

Biggs, 37, who lives in unincorporated Volusia County near Ormond Beach, was a leader among the Proud Boys in the planning for “an organized and violent attack upon the country’s democracy and its Capitol building on Jan. 6, according to a motion federal prosecutors have filed.

They are asking a judge to revoke Biggs’ pre-trial release and order him held without bond pending trial…

…Federal Judge Timothy J. Kelly is expected to make a ruling Friday regarding whether Biggs and another Proud Boy, Ethan “Rufio Panman” Nordean of Auburn, Washington, can remain on pre-trial release or wil be detained…

…Prosecutors contend that Biggs is too great a threat not to be detained, according to the motion filed in federal court for the District of Columbia.

“The Defendant’s own destructive conduct does not adequately capture his danger to the public. The true nature of Defendant’s dangrousness stems from his role as a leader, and his ability to encourage and coordinate the actions of others in breaching the Capitol at a precise place and time,” the prosecutors wrote.

While Biggs has no known criminal history and has strong ties to where he resides, he has not shown any remorse for the events of Jan. 6 and is “completely unrepentant,” the prosecutors’ motion states…

…U.S. Magistrate Judge Embry J. Kidd in Orlando federal court also crafted a “relatively stringent” order setting conditions for Biggs’ release after his initial arrest, Hull wrote.

Biggs was released to home detention and he must wear a GPS monitor, undergo weekly drug testing, psychiatric evaluation and medical checkups and DNA sampling. Biggs also surrendered any firearms and his passport and his travel was restricted, Hull wrote in his motion…

…Biggs is originally from North Carolina and is a retired U.S. Army staff sergeant. He served in the Army Reserve from 2004 to 2007 and in the active Army from 2007 to 2012, according to Hull’s motion. Biggs was deployed to Iraq from November 2005 to October 2006. From December 2007 to February 2009, Biggs was deployed to Iraq, Hull wrote.

Biggs was awarded multiple military service awards, including two Purple Hearts. Biggs received a medical discharge from the Army in 2012 at the age of 28. Biggs “has struggled with combat-related PTSD (Post Traumatic Stress Disorder), depression, and some related alcohol problems” Hull wrote in his motion…


Proud Boy Ethan Nordean (“Rufio Panman”)

On February 2, 2021, a Special Agent with the Federal Bureau of Investigations (FBI) wrote an Affidavit in Support of a Criminal Complaint against Ethan Nordean. From the Affidavit:

PURPOSE OF AFFIDAVIT:

This Affidavit is submitted in support of a Criminal Complaint charging Ethan Nordean (“NORDEAN”), also known as “Rufio Panman,” with violations of 18 U.S.C. § 1512(c)(2), 18 U.S.C. §§ 1361, 2, 18 U.S.C § 1752(a), and 40 U.S.C. §§ 5104(e)(2)(D) and (G), in connection with his actions inside the U.S. Capitol on or about January 6, 2021. I respectfully submit that this Affidavit establishes probable cause to believe that NORDEAN (i) corruptly did obstruct, influence, or impede an official proceeding before Congress – that is, the certification of the Electoral College; (ii) did aid and abet others, both known and unknown, to forcibly enter the Capitol and thereby cause damage to the building in an amount more than $1,000 – that is, NORDEAN aided and abetted individuals who removed barricades and broke windows to storm the Capitol building; (iii) did knowingly enter or remain in a restricted building or grounds, i.e., the U.S. Capitol, without lawful authority, or did knowingly, and with intent, impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct; and (iv) did willfully and knowingly engage in disorderly or disruptive conduct, at any place on 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 any deliberations of either House of Congress.

…BACKGROUND

Ethan Nordean, also known as “Rufio Panman”

NORDEAN, who utilizes the alias “Rufio Panman,” is a 30 year-old resident of the state of Washington. NORDEAN is a member of a group known as the Proud Boys, and NORDEAN is teh self-described “Sargent of Arms” of the Seattle Chapter of the Proud Boys.

Proud Boys is a nationalist organization with multiple U.S. chapters and potential activity in other Western countries. The group describes itself as a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world; aka Western Chauvinists.” Proud Boys members routinely attend rallies, protests, and other First Amendment-protected events, where certain of its members sometimes engage in acts of violence against individuals whom they perceive as threats to their values. The group has an initiation process for new members, which includes the taking of an “oath.” Proud Boys member often wear the colors yellow and black, as well as other apparel adorned with Proud Boys-related logos and emblems…

…NORDEAN’s Participation in Unlawful Events at the Capitol on January 6, 2021

I have studied footage and still photographs of the January 6, 2021, incursion of the U.S. Capitol, and I have identified an individual in them as NORDEAN through comparison of those images to photographs and videos of NORDEAN that are widely available online. In addition, I have reviewed footage taken by others during the event in which others contemporaneously identify the same individual as NORDEAN. As described herin, the images and video footage that I have reviewed, as well as the facts gathered in this investigation, establish that NORDEAN did unlawfully enter or remain in the U.S. Capitol as a direct result of others’ destruction of federal property; did aid, abet, counsel, command, induce or procure others to unlawfully enter the U.S. Capitol by means of destruction of federal property; and did corruptly obstruct the official proceedings underway at the U.S. Capitol on January 6, 2021.

On January 6, 2021, NORDEAN was observed marching at the front of a group of known Proud Boys on Constitution Avenue, Northwest, in the area around First Street, Northwest. The group was engaged in various chants and response calls, including “F*** Antifa!” and “Whose streets? Our streets!” To NORDEAN’s right, and also marching at the front of the group, is a self-described organizer of the Proud Boys, Joseph Biggs.

NORDEAN was also identified in a video taken by a man purporting to be a member of the Proud Boys (“Person A”). Specifically, Person A gave an interview to ABC Action News, which was published online on January 9, 2021. As part of that interview, Person A shared footage that Person A claims was taken on January 6, 2021, while Person A and others were participating in the demonstration. In th version of the interview produced online, Person A can be heard saying, Yeah, that’s Joe Biggs, that’s Rufio.” Based on my investigation, I understand Person A to be identifying the man in the plaid shirt as Proud Boys organizer Joe Biggs, and the man in the sunglasses and holding a megaphone as NORDEAN, who utilizes the alias “Rufio Panman.”…

…After overwhelming the pedestrian gate near the Peace Monument and other entrances, the crowd advanced on the U.S. Capitol where another line if U.S. Capitol Police and barricades attempted to stop the crowd from advancing to the walls of the building. Additional people continued to arrive until what I estimate to be thousands of people had gathered in front of the Capitol on its west side. Among the first to reach the police line in the west plaza of the Capitol was a person that I recognize as NORDEAN.

As can be seen in the images below, a person that I recognize as NORDEAN remained at or near the front of the crowd as Capitol Police attempted to reform a police line. Shortly thereafter, NORDEAN then appeared to engage in a brief exchange with a person that I recognize as Robert Gieswein, who was among the first to enter the Capitol through a window that was broken by a person that had been identified as Proud Boy Dominic Pezzola. I have received video footage of the people in the crowd closest to the police line, and a person that I recognize as Pezzola is also present at or near the front of the crowd at various times.

Assembled close behind NORDEAN in the crowd in front of the Capitol were a group of individuals that I have identified as many of the same people who had been seen marching behind NORDEAN, Biggs, and other Proud Boys earlier in the day.

…Among the first people to enter the building was Gieswein (pictured left below), who entered the building after Pezzola (pictured right below) broke an exterior window using a riot shield…

…NORDEAN Enters the Capitol

…Photographs and digital videos taken on January 6, 2021, show that NORDEAN was among those who entered the U.S. Capitol building after rioters forced entry and pushed past Capitol Police officers. Photographs and video also show that NORDEAN was near the front of the crowd of rioters, who collectively approached, stood of against, and vastly outnumbered Capitol Police.

NORDEAN’s Social Media Posts Before January 6, 2021

NORDEAN’s posts prior to January 6, 2021, indicate that he and other Proud Boys members were planning in advance to organize a group that would attempt to overwhelm police barricades and enter the United States Capitol building.

On or about December 27, 2020, NORDEAN posted the following message on his Parler page: “Anyone looking to help us with safety/protective gear, or communications equipment it would be much appreciated, things have gotten more dangerous for us this past year, anything helps.” The post then linked to a fundraising site called “Protective gear and communications by Rufio Panman.”

On or about January 4, 2021, NORDEAN posted a video to Parler which he captioned, “Let them remember the day they decided to make war with us.” Screenshots taken from the video show NORDEAN and other Proud Boys dressed in tactical gear along with the phrase “Back the YELLOW,” which is a phrase commonly used to show support for the Proud Boys.

Also on or about January 4, 2020, NORDEAN “echoed”, or shared, a post by a fellow Proud Boy leader (“Individual A”) on the social media platform Parler. Individual A posted a picture of himself and NORDEAN at a protest with the caption “And fight we will.”

Also, on or about, January 4, 2021, NORDEAN posted a link to his Parler page. The link allowed users to access an episode of NORDEAN’s video podcast, “Rebel Talk with Rufio,” where NORDEAN interviewed Individual A about their participation in a rally in Washington, D.C., during which Individual A was stabbed, and other Proud Boys related matters. The video itself is approximately 63 minutes long. Relevant excerpts are described below, in summary and in part.

a. At approximately 7:20, NORDEAN stated “People don’t understand the price that comes with being a Patriot these days.”

b. At approximately 9:00, Individual A stated “We [the Proud Boys] are looked at almost like the soldiers of the right wing. People are looking to use to lead the way… we gladly step up and take our place where they want us… This stuff is real. We are in a war.

c. At approximately 10:30, NORDEAN stated that he is President of his local Proud Boys chapter and has been telling his “guys” that they need to “make [themselves] an enemy of this corrupt system.” NORDEAN further stated “The police are starting to become a problem,” which frustrated NORDEAN because “we’ve had their back for years…”

d. At approximately 13:20, NORDEAN decried that people “are just constantly bashing” the Proud Boys for their efforts to “protect the community.” NORDEAN stated “we’re never going to look good doing it, because violence doesn’t look good.”

e. From approximately 21:20 to approximately 31:00, NORDEAN and Individual A discussed what they viewed as “blatant, rampant voter fraud” in the Presidential election and what they think the American people should do about it. During this exchange, Individual A states “They think we’re stupid. They think we’re just going to be spoonfed. Us patriots ain’t dumb.” NORDEAN responds, “I think they’re relying on complacency. I think they’re relying on the Facebook posts, and that’s all we’re going to do.” NORDEAN went on to say that rather than being complacent, the Proud Boys were going to “bring back that original spirit of 1776 of what really established the character of what America is. And it’s not complacency, it’s not low standards. It’s ‘this is how it’s going to be, and I don’t give a god damn.'”

f. At approximately 31:30, NORDEAN stated that voter fraud in the Presidential election had killed democracy, and further stated “Democracy is dead? Well, then no peace for you. No democracy, no peace.”

g. At approximately 46:50, Individual A stated “They’re freaking out about us not wearing colors in D.C.” referring to the Proud Boys’ stated plan of going “incognito” on January 6, 2021, rather than wearing their traditional black and yellow. In response, NORDEAN stated “Oh, I’m excited to play into that, and we’ve all got our disguises. We’ve got so many fun ideas. I really don’t know what we’re going to end up doing, as far as what we’re going to look like or how we’re going to organize, but it’s going to be fun…”

h. At approximately 60:00, Individual A stated “We’re coming back. We’re coming to D.C. and were going to take this country back. Your gifts, and your thoughts, and your financial contributions will not go for nothing”

On, or about, January 5, 2021, the day before the riots, NORDEAN posted the following statement to his Parler page: “It is apparent now more than ever, that if you are a patriot, you will be targeted and they will come after you, funny thing is that they don’t realize is, is we are coming for them. You’ve chosen your side, black and yellow teamed with red, white and blue against everyone else.”

NORDEAN’S Social Media Posts After January 6, 2021

On January 8, 2021, NORDEAN posted a picture of himself with the caption “Violent extremist,” which your affiant interprets as an effort to make light of the public condemnation of NORDEAN’s and others’ participation in the riot at the United States Capitol building on January 6, 2021.

On January 8, 2021, NORDEAN posted a photo of his Parler page of a United States Capitol Police officer administering pepper spray on January 6, 2021, with a caption celebrating disparaging police officers as “honorable oath breakers.” NORDEAN further stated that “if you feel bad for the police, you are part of the problem…” NORDEAN also stated, in part “[t]hey care more about federal property (our property) than protecting and serving the people.”…

On March 1, 2021, an “Opposition to Defendant’s Motion to Lift Stay on Release Order” was filed in the United States District Court for the District of Columbia. From the Motion:

The United States of America, by and through the United States Attorney for the District of Columbia, respectfully opposes Defendant’s “Motion to Lift Stay on Release Order.” … For the reasons stated below, Defendant’s motion should be DENIED.

FACTS

On February 3, 2021, Defendant was arrested in his home state of Washington on an arrest warrant issued from the United States District Court for the District of Columbia by Magistrate Judge Zia M. Faruqui in connection with a Criminal Complaint charging the defendant with Aiding and Abetting an Injury or Depredation Against Government Property, in violation of 18 U.S.C. §§ 1361 and 2; Obstructing or Impeding an Official Proceding, in violation of 18 U.S.C § 1512(c)(2); Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority, in violation of 18 U.S.C. §§ 1752(a)(1), (a)(2); and Violent Entry and Disorderly Conduct on Capitol Grounds, in violation of 18 U.S.C. §§ 5105(e)(2)(D), and (e)(2)(G).

At his initial appearance in the Western District of Washington on February 3, 2021, the United States moved to detain the defendant pursuant to 18 U.S.C. § 3142(f)(1)(A), because Defendant is charged with a crime of violence. The United States also sought detention pursuant to 18 U.S.C. § 3142(e)(3)(C), which provides a rebuttable presumption of detention if there is probable cause to believe that the defendant committed “an offense listed in section 2332b(g)(5)(B) of title 18, United States Code, for which a maximum term of imprisonment of10 years or more is prescribed.” The United States also sought detention pending trial pursuant to 18 U.S.C. § 3142(f)(2)(A), because Defendant poses a serious risk of flight. The Presiding United State’s Magistrate set a detention hearing for February 8, 2021.

After hearing argument at the detention hearing on February 8, 2021, the Magistrate issued an order releasing the Defendant. The United States orally moved to stay Defendant’s release pending its appeal, which was denied, and the Magistrate ordered that Defendant could be released from custody unless this Court issued a stay by 6pm on February 8, 2021. This Court issued an Order Staying the Release Order for Review by this Court, as well as a separate Order directing the United States Marshals to transport Defendant to this District forthwith… On February 23, 2021, Defendant filed the instant motion, and this opposition follows.

ARGUMENT…

…The Bail Reform Act Factors All Prestrial Detention

As the Court is aware, there are four factors under Section 3142(g) that the Court must analuze in determining whether to detain the defendant pending trial: (1) the nature and circumstances of the offence charged; (2) the weight of the evidence against the defendant; (3) his history and characteristics; and (4) the nature and seriousness of the danger to any person or the community that would be posed by his release. As noted below, each of these factors weighs in favor of pretrial detention in this case.

A. The Nature and Circumstances of the Offenses

As this Court has recently noted within context of cases arising from the Capitol riot, “a number of considerations implicating the dangerousness inherent in a defendent’s conduct on January 6 are relevant” to the Court’s weighing of this factor under the Bail Reform Act…

…This Court also noted additional considerations that it would consider regarding the Nature and Circumstances of the Offense:

Evidence of coordination with other participants before, during, or after the riot indicates that a defendant acted deliberately to amplofy and assure the success of the breach of the Capitol. Similarly, a defendant who assumed either a formal or de facto leadership role in the assault by encouraging other rioters’ misconduct, for example, by urging rioters to advance on the Capitol or to confront law enforcement, may have inspired further criminal conduct on the part of others. The presence of either of these factors enhances the defendant’s responsibility for the destabilizing events of January 6 and thus, the seriousness of his conduct…

…Given these considerations, and the facts of this case, the United States respectfully submits that the Nature and Circumstances of the charged offenses weigh heavily in favor or Defendant’s detention pending trial. Defendant held a leadership position within the Proud Boys on both a local and national level, and was personally active in planning the Proud Boys’ activities on January 6, 2021. Moreover, following the arrest of the Proud Boys’ Chairman on January 4, 2021, Defendant was nominated from within to have “war powers” and to take the ultimate leadership of the Proud Boys’ activities on January 6, 2021. As noted more fully below, Defendant – dressed all in black, wearing a tactical vest – led the Proud Boys through the use of encrypted communications and military-style equiplent, and he led them with the specific plans to: split up into groups, attempt to break into the Capitol building from as many different points as possible, and prevent the Joint Session of Congress from Certifying the Electoral College results…

…Defendant Poses a Serious Risk of Flight

The United States maintains that Defendant is a risk of flight. During the execution of the search warrant, law enforcement agents discovered a valid U.S. Passport issued to someone else who looks like the Defendant. Law enforcement found the passport on a clothes dresser on the Defendant’s side of the bed in the master bedroom, along with a passport issued to Defendant’s wife. No passport for Defendant was found during the search.

Defendant’s account of why he possessed this passport is absurd. Rather than the obvious explanation – that Defendant entertained at least the possibility of traveling on the passport after he led a group of Proud Boys members in the Capitol riot, and after several of the Proud Boys members that followed his lead were arrested by the FBI – Defendant expects the Court to believe all of the following:

a. Defendant’s wife of more than two years just happened to keep an “ex-boyfriend’s” passport as a keepsake after that relationship ended;

b. Defendant’s wife brought the keepsake passport with her when she moved into her marital home with Defendant;

c. Defendant’s wife just happened to store the keepsake passport, together with her own passport, on top of a clothes dresser on Defendant’s side of the bed in the master bedroom, where it was discovered by law enforcement during the search warrant.

As noted previously, should Defendant obtain his release and acquire another such passport, it would be exceedingly difficult to catch him and ensure his presence for trial.

CONCLUSION

There is no condition, or combination of release conditions, that could guarantee both Defendant’s presence for trial and the safety of the community if he is released. A presumption in favor of detention exists in this case which Defendant will not be able to rebut. Even if he did, all four of the Bail Reform Act factors weigh heavily in favor of detention in this case.

On March 1, 2021, Business Insider posted an article titled: “A Proud Boys leader acquired a lookalike’s passport to possibly flee the country following the Capitol attack, court documents say”. It was written by Erin Snodgrass. From the article:

One Capitol rioter may have been planning a duplicitous international getaway following the January 6, siege.

Ethan Nordean, a leader in the far-right, white supremacist organization the Proud Boys, obtained a valid US Passport issued to someone who looked like him and kept it near his bed with his wife’s passport, new court documents said.

In a pre-trial detention filing made on Monday for Nordean, prosecutors detailed the month’s long tactical preparations members of the Proud Boys made in advance of the assault on the Capitol Building at the beginning of this year.

Nordean helped plan and fundraise for the group’s role in the Capitol insurrection starting as far aback as November 4, the court filing said…

…On the day of the riots, Nordean, dressed in all black and wearing a tactical vest, instructed his fellow members to use encrypted communications and the military-style equipment they had acquired. He then issued specific orders: “Split up into groups, attempt to break into the Capitol building from as many different points as possible, and prevent the Joint Session of Congress from Certifying the Electoral College results,” prosecutors said.

The 30-year-old was arrested weeks later, on February 3, for his role in planning and participating in the deadly attacks.

But Monday’s new court filings reveal new details about Nordean’s pre-siege planning and his post-seige arrest.

Prosecutors allege that law enforcement agents discovered a valid US passport issued to a Nordean lookalike during the execution of a search warrant. Federal agents reportedly found the passport on Nordean’s side of the bed in the master bedroom, along with Nordean’s wife’s passport.

Officials did not find any passport for Nordean during their search.

Prosecutors described the “obvious explanation” for the dubious passport – that Nordean “entertained at least the possibility of traveling on the passport after he led a group of Proud Boys members in the Capitol riot, and after several of the Proud Boys members that followed his lead were arrested by the FBI…”…

On March 3, 2021, NPR posted an article titled: “DOJ Fails To Persuade Judge To Keep Proud Boys ‘Sergeant Of Arms’ Behind Bars”. It was written by Dustin Jones. From the article:

A leading member of the Proud Boys was ordered to be released Wednesday when federal prosecutors failed to convince a judge he was a danger to the public while he awaits trial in the U.S. Capitol riots on Jan. 6.

Thirty-year-old Ethan Nordean, self-described “Sergeant of Arms” of the far-right group the Proud Boys allegedly led members as they charged the Capitol building on Jan. 6. He was arrested in the state of Washington less than one month later on multiple charges including disorderly conduct on Capitol grounds and knowingly entering restricted grounds. Chief Judge Beryl Howell said prosecutors failed to support their assertion that Nordean was a leader in the attacks and she thought he seemed to follow the crowds, Reuters reported.

Prosecutors alleged Nordean helped plan that attack, ordering his subordinates to split up into teams and to break into the Capitol building from multiple entry points to stop Congress from certifying the 2020 presidential election results, NPR has reported.

“What the government said in its original papers was that he directed the Proud Boys with specific plans, telling them to split up into groups and attempt to break in to the Capitol building,” Howell said. “That’s a far cry from what I heard at the hearing today.”

Nordean will be released and sent home to Washington, where he will be required to spend most of his time confined to his home. Nearly 20 people with ties to the Proud Boys have been charged by the Department of Justice in the weeks following the insurrection attempt, Reuters reported. Howell said other members of the group have been released and are awaiting trial and she must be consistent…

On April 9, 2021, Law & Crime posted an article titled: “‘Proud Boy’ Ethan Nordean Says He Should Stay Out of Jail Because Guards are Beating Capitol Seige Defendants”. It was written by Aaron Keller. From the article:

…Chief U.S. District Judge Beryl A. Howell on March 3rd agreed that Nordean could be released on a personal recognizance bond and ordered him to remain on home detention pending trial. He agreed to GPS monitoring, and the court docket makes reference to a “High Intensity Supervision Program.”…

On April 10, 2021, Business Insider posted an article titled: “A Proud Boys leader is arguing he shouldn’t be sent back to jail, since other accused Capitol rioters are being beaten and threatened by guards”. It was written by Taylor Ardrey and Michelle Mark. From the article:

Lawyers for a self-proclaimed “Sergeant of Arms” of the far-right Proud Boys asked a federal judge to keep his client out of jail, in part because other accused Capitol rioters have alleged abuse and mistreatment behind bars.

In a court filing on April 8, which was first reported by Law and Crime, lawyers for 30-year-old Ethan Nordean cited a recent Politico article describing alleged violence other Capitol siege defendants have experienced from guards…

…A judge released Nordean – who is also known as Rufio Panman – on bail in March, according to court documents. He is charged with a slew of offenses related to the January 6 insurrection, including conspiracy, obstruction of law enforcement during civil disorder, destruction of government property, and disorderly conduct. Nordean has pleaded not guilty to the charges and is awaiting trial…


Proud Boy Zachary Rehl

On March 17, 2021, NBC 10 Philadelphia posted an article titled: “Philly Proud Boys President Arrested for Alleged Role in Capitol Riot”. It was written by David Chang. From the article:

The President of Philadelphia’s Proud Boys chapter was arrested for his alleged role in January’s riot and breach at the U.S. Capitol building.

The Philadelphia Inquirer first reported that there were photos and videos of Rehl on social media showing him among a crowd of members of the Proud Boys during the riot and breach.

Another photo was posted on Twitter allegedly showing Rehl smoking a cigarette and checking his phone while inside the office of Senator Jeff Merkley (D-Ore.)…

On March 26, 2021, Courthouse News Service posted an article titled: “Proud Boys Leader Fights for Bail on Insurrection Charges”. It was written by Alexanda Jones. From the article:

Though a federal magistrate said he does not consider the 35-year-old a flight risk, he agreed to hold off Friday on releasing the president of the Philadelphia Proud Boys chapter who is charged with organizing “boots on the ground” to breach the U.S. Capitol on Jan. 6.

Zachary Rehl appeared before the court in Philadelphia via video conference Friday, as is procedure due to the Covid-19 pandemic.

“This is a matter of grave importance,” U.S. Magistrate Judge Richard Lloret told the defendant. “I’ve granted you bond because I’m convinced that there are terms and conditions that can satisfy the government’s serious interest in seeing that you don’t pose a danger to the community.”

After Loret granted bail at $50,000, however, he entered a stay so that the government can appeal…

…As a resident of Philadelphia, Rehl made his initial proceeding in the Eastern District of Philadelphia after he was named in a six-count indictment unsealed last week in Washington last. Rehl is charged alongside three other leaders of the Proud Boys, a neo-fascist, far-right militant group. His accused co-conspirators are two other local chapter presidents, Ethan Nordean of Auburn, Washington, and Charles Donohoe of Kenersville, North Carolina – as well as Proud Boys organizer Joseph Biggs of Ormond Beach, Florida. At least 19 leaders, members or associates of the Proud Boys have been charged in federal court in connection with the insurrection.

Rehl’s indictment shares snippets of encrypted communications posted in a messaging channel “Boots on the Ground” that was created for the group the day before the riots. More than 60 Proud Boys leaders discussed the ransacking of the Capitol building in this virtual venue…

…Rehl was arrested last Wednesday after photos and videos flooded social media showing him among a crowd of Proud Boys organizers at the insurrection. In one piece of footage, Rehl is seen alongside two other Proud Boy leaders at the front of a crowd that marched through Washington and then stormed up to the Capitol building. Rehl was also identified in a photo that shows him with other Capitol insurrectionists, smoking and looking at his phone, in the office of Democratic Senator Jeff Merkley of Oregon.

Defense attorney Shaka Johnson emphasized in Friday’s hearing that his client is a former Marine who was honorably discharged and still suffers from tremors and ticks as a result of injuries he suffered during his time in the service…

…Johnson built up Rehl’s image as a family man. Married. The father of a 16-year-old daughter, with a second child on the way. Johnson said that if released, Rehl and his wife would reside with his wife’s parents in northeast Philadelphia. He also emphasized his client was not a flight risk…

…Before entering the stay, Lloret said he would allow Rehl’s release on a $50,000 bond that leverages the defendant’s house in northeast Philadelphia. The judge said Rehl will not be able to leave the house except to attend prenatal classes with his pregnant wife and for matters related to his criminal trial…


Proud Boy Charles Donohue

On April 6, 2021, Winston-Salem Journal posted an article titled: “Charles Donohoe, Proud Boys leader and Kernersviller resident, pleads not guilty to U.S. Capitol riot charges. Detention hearing is scheduled.” It was written by Michael Hewlett. From the article:

Charles Joseph Donohoe, a Kernersville resident and Proud Boys leader who is facing charges in the Jan. 6 U.S. Capitol riot, will have a hearing Monday to determine if he should remain in federal custody.

He appeared Tuesday in U.S. District Court in Washington, D.C. for a hearing in which he was officially notified of the charges he is facing. Those charges include conspiracy, obstruction of an official proceeding, destruction of government property and disorderly conduct in a restricted building or grounds.

Donohoe, 33, was charged with three other men – Ethan Nordean, 30, of Auburn, Wash; Joseph Biggs, 37, of Ormond, Fla.; and Zachary Rhel, 35, of Philadelphia. Donohoe is the president of the Piedmont chapter of the Proud Boys…

…Donohie pleaded not guilty to all charges on Tuesday. He appeared via video conferencing. Lisa Costner, a Winston-Salem criminal defense attorney, represented him.

Federal prosecutors have filed a motion in U.S. District Court in Washington, D.C., arguing that Donohoe should remain in federal custody while he awaits trial on the charges. Indictments allege Donohoe helped people dismantle barriers and force their way into the Capitol on Jan. 6. The purpose was to stop the U.S. Congress from certifying President Joe Biden’s win in the 2020 presidential race. FBI agents arrested Donohoe in Kernersville on March 17…

…Prosecutors have not presented any evidence that Donohoe actually entered the U.S. Capitol, but in their motion, they said Donohoe poses a threat to public safety because he is a “person who had the ability to organize and command a group of men to further a criminal conspiracy”…

…Donohoe is a former U.S. Marine who served two tours in Iraq…

On April 12, 2021, Winston-Salem Journal posted an article titled: “Kernersville Proud Boys leader still in custody – but in Oklahoma, attorney says. Charles Donohoe faces charges related to Capitol riot”. It was writen by Michael Hewlett. From the article:

A detention hearing for Charles Joseph Donohoe, a Kernersville resident and Proud Boys leader facing charges in the Jan. 6 Capitol riot, will likely be continued after his attorney said federal authorities had transported him to Oklahoma without her knowledge.

According to court papers filed Monday, Lisa Costner, Donohoe’s attorney, said her client had been in federal custody in the Alamance County Jail. Because of the COVID-19 pandemic, she had used Jurislink, a confidential video-conference system that attorneys and inmates use to communicate with each other. She had scheduled a meeting through that system at 4:15 p.m. on Friday and another one on Sunday. Both meeting were to prepare fo the detention hearing. But Donohoe never showed up at the hearing.

After checking with other county jails that held federal inmates, she found out that Donohoe had been taken out of the Alamance County Jail and flown to Oklahoma.

Costner filed a motion to continue the hearing until April 19 so she can have time to talk to Donohoe. It wasn’t clear if her request was granted. It didn’t apepar as if the hearing, which was to be done remotely, was held on Monday afternoon…

…Donohoe appeared last week in U.S. District Court in Washington, D.C. so that he could be officially notified of the charges he is facing. He pleaded not guilty to all the charges.


On March 10, 2021, The United States District Court for the District of Columbia received a First Superseding Indictment for Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohoe. From the Indictment:

FIRST SUPERSEDING INDICTMENT

The Grand Jury charges that, at al times material to this Indictment, on or about the dates and at or about the times stated below:

Introduction

The 2020 United States Presidential Election and the Official Proceeding on January 6, 2021.

1 The 2020 United States Presidential Election occurred on November 3, 2020.

2 The United States Electoral College (“Electoral College”) is a group required by the Constitution to form every four years for the sole purpose of electing the president and vice president, with each state appointing its own electors in a number equal to the size of that state’s Congressional delegation.

3 On December 14, 2021, the presidential electors of the Electoral College met in the state capital of each state and in the District of Columbia and formalized the result of the 2020 U.S. Presidential Election: Joseph R. Biden, Jr. and Kamala D. Harris were declared to have one sufficient votes to be elected the next president and vice president of the United States.

4 On January 6, 2021, a Joint Session of the United States House of Representatives and the United States Senate (“the Joint Session”) convened in the United States Capitol (“the Capitol”) to certify the vote of the Electoral College of the 2020 U.S. Presidential Election (“the Electoral College vote”).

The Proud Boys

The Proud Boys describes itself as a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world; aka Western Chauvinists.” Proud Boys members routinely attend rallies, protests, and other events, some of which have resulted in violence involving members of the group. There is an initiation process for new members of the Proud Boys, and members often wear black and yellow polo shirts or other apparel adorned with Proud Boys logos to public events.

The Proud Boys organization has a national chairman, referred to here as Proud Boys Chairman, and is led by group of individual members known as the “Elders” chapter. Throughout the United States, there are local Proud Boys chapters, which are typically led by chapter “presidents”.

Conspirators

ETHAN NORDEAN, also known as “Rufio Panman,” is a 30-year-old resident of Auburn, Washington. NORDEAN is a member of the Proud Boys Elders chapter and president of his local chapter.

JOSEPH BIGGS, also known as “Sergeant Biggs,” is a 37-year-old resident of Ormond Beach, Florida. BIGGS is a member of the Proud Boys and a self-described organizer of certain Proud Boys events.

ZACHARY REHL is a 35-year-old resident of Philadelphia, Pennsylvania. REHL is the president of his local chapter of Proud Boys.

CHARLES DONOHOE is a 33-year-old resident of Kenersville, North Carolina. DONOHOE is the president of his local chapter of Proud Boys.

The Attack at the U.S. Capitol on January 6, 2021

On December 19, 2020, plans were announced for a Stop the Steal protest event in Washington, D.C., on January 6, 2021, which protest would coincide with Congress’s certification of the Electoral College vote.

On December 29, 2020, Proud Boys Chairman posted a message on social media that read, in part, that the Proud Boys planned to “turn out in record numbers on Jan 6th but this time with a twist… We will not be wearing our traditional Black and Yellow. We will be incognito and we will be spread across downtown DC in smaller teams. And who knows… we might dress in all BLACK for the occasion.” At different times, NORDEAN, BIGGS, REHL, and DONOHOE reiterated that Proud Boys member should avoid wearing Proud Boys colors on January 6, 2021.

On January 6, 2021, only authorized individuals with appropriate identification were allowed on the Capitol grounds or inside the Capitol building. The Capitol is secured 24 hours a day by United States Capitol Police (“Capitol Police”) and permanent and temporary barriers that restrict access to the Capitol grounds and building.

On January 6, 2021, at 12:45 p.m., a large crowd began to gather outside the Capitol perimeter, including near a pedestrian entrance to the Capitol grounds on First Street, Northwest, near the Peace Monument. Among those present were NORDEAN, BIGGS, REHL, and DONOHOE, each of whom had traveled to Washington, D.C., prior to January 6, 2021, as well as many other Proud Boys members who had been marching with them throughout the day.

The First Street pedestrian entrance was guarded by Capitol Police. Prominent signs posted on metal barriers at the pedestrian entrance and other locations stated, “AREA CLOSED By order of the United States Capitol Police Board.”

At 12:53 p.m., a group of people forcibly breached the barriers at the pedestrian entrance. A crowd followed, including NORDEAN, BIGGS, REHL, and DONOHUE. Members of the crowd charged past the trampled police barriers.

At 1:00 p.m., the Joint Session convened in the Capitol to certify the Electoral College vote. Vice President Michael R. Pence, in his constitutional duty as President of the Senate, presided over the Joint Session, and Vice President-elect Harris was also present.

Outside the Capitol, between 12:53 and 2:00 p.m., law enforcement struggled to maintain control of the growing crowd, which included NORDEAN, BIGGS, REHL, and DONOHOE.

Crowd members eventually forced their way through, up, and over additional Capitol Police barricades and advanced to the building’s exterior facade. Capitol Police officers attempted to maintain order and stop the crowd from entering the Capitol building – the doors and windows of the Capitol building were at that time locked or otherwise secured.

By 2:13 p.m., crowd members had begun to force entry into the Capitol building by breaking windows and ramming open doors. The crowd was not lawfully authorized to enter or remain inside the Capitol building, and no crowd member submitted to security screenings or weapons checks by Capitol Police or other security officials. Other crowd members encouraged and otherwise assisted the forced entry, affording NORDEAN, BIGGS, and REHL the ability to enter the Capitol building.

Shortly after the Capitol had been breached, at 2:20 p.m., members of the House and Senate (including Vice President Pence) – who had withdrawn to separate chambers to resolve an objection – were evacuated from their respective chambers. The Joint Session was halted while Capitol Police and other law-enforcement officers worked to restore order and clear the Capitol building and grounds of the unlawful occupants.

Later that night, law enforcement regained control of the Capitol building and grounds. At approximately 8:00 p.m., the Joint Session reconvened, presided over by Vice President Pence, who had remained within the Capitol building in a secure location throughout these events.

In the course of these events, approximately 81 members of the Capitol Police and 58 members of the Metropolitan Police Department were assaulted. The Capitol suffered millions of dollars in damage – including broken windows and doors, graffiti, and residue from pepper spray, tear gas, and fire extinguishers deployed both by crowd members who stormed the Capitol and by Capitol Police officers trying to restore order. Additionally, many media members were assaulted and had other news-gathering equipment destroyed.

NORDEAN, BIGGS, REHL and DONOHOE celebrated the events of the January 6, 2021, through communications on social media and in encrypted chat messages. For example:

a NORDEAN posted a message on social media that included a picture of a Capitol Police Officer administering pepper spray on January 6, 2021, with a caption that read, in part, “… if you feel bad for the police, you are part of the problem. They care more about federal property (our property) than protecting and serving the people. BACK THE BLACK AND YELLOW”.

b BIGGS posted a message on social media that read “what a day”.

c REHL posted a message that read, in part, “I’m proud as fuck what we accomplished yesterday, but we need to start planning and we are starting planning, for a Biden presidency.”

d DONOHOE posted a message that read, in part, “We stormed the capitol unarmed” and then “And we took it over unarmed.”

COUNT ONE (Conspiracy – 18 U.S.C. § 371)

The introductory allegations set fourth in paragraphs 1 through 24 are re-alligned and incorporated by reference as though set forth herein.

From as early as November 3, 2020, through January 6, 2021, in the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACHARY REHL, and CHARLES DONOHOE,

did knowingly combine, conspire, confederate and agree with each other and others known and unknown, to commit offenses against the United States, namely, (1), to corruptly obstruct, influence, and impede an official proceeding, that is, Congress’s certification of the Electoral College vote, and to attempt to do so, in violation of Title 18, United States Code, Section 1512(c)(2), and (2) to obstruct, impede, and interfere with law enforcement officers engaged in the lawful performance of official duties incident to and during the commission of a civil disorder, in violation of Title 18, United States Code, Section 231 (a)(3).

OBJECTS OF THE CONSPIRACY

The objects of the conspiracy were (1) to stop, delay, or hinder Congress’s certification of the Electoral College vote, and (2) to obstruct and interfere with law enforcement officers engaged in their official duties to protect the Capitol and its occupants from those who had unlawfully advanced onto Capitol grounds.

MANNER AND MEANS

NORDEAN, BIGGS, REHL, and DONOHOE with others known and unknown, carried out the conspiracy through the following manner and means, among others, by:

a Encouraging members of the Proud Boys and others to attend the Stop the Steal protest in Washington, D.C., on January 6, 2021;

b Using websites, social media, and other electronic communications to raise funds to support travel and equipment purchases for the visit to Washington, D.C.;

c Obtaining paramilitary gear and supplies – including concealed tactical vests, protective equipment, and radio equipment – for the January 6 attack;

d Scheming to evade detection by law enforcement on January 6 by dressing “incognito” rather than wearing Proud Boys colors that had been prominently displayed at previous events;

e Traveling to Washington, D.C., prior to the January 6, attack;

f Engaging in meetings and encrypted communications in Washington, D.C., on the days leading up to January 6, and on the morning of January 6, to engage in planning for the January 6, attack;

g Using programmable handheld radios, encrypted messaging applications, and other communications equipment to communicate and coordinate the January 6 attack;

h Dismantling metal barricades that had been deployed to protect law enforcement and occupants of the Capitol;

i Storming past barricades, Capitol Police, and other law enforcement officers in efforts to disrupt the proceedings at the Capitol; and

j Obtaining entry into the Capitol building as a result of damage to windows and doors that otherwise would have precluded entry.

NORDEAN, BIGGS and REHL with others known and unknown, further advanced the purpose of the conspiracy by the purpose of the conspiracy by forcibly entering the Capitol.

DONOHOE with others known and unknown, further carried out the conspiracy by entering the west plaza of the Capitol and interfering with law enforcement officers’ attempts to control the crowd by assisting the crowd in its final push up the stairs that led to the Capitol.

OVERT ACTS

On November 5, 2020, BIGGS posted on social media, “It’s time for fucking War if they steal this shit.”

On November 16, 2020, NORDEAN posted on social media “What’s more disturbing to me than the Dems trying to steal this election, is how many people… just accepted Biden won, despite the obvious corruption… Luke warm Patriots are dangerous.”

On November 24, 2020, BIGGS, in response to a social media post calling for unity in response to the results of the presidential election, posted “No bitch. This is war.”

On November 27, 2020, NORDEAN posted on social media “We tried playing nice and by the rules, now you will deal with the monster you created. The spirit of 1776 has resurfaced and has created groups like the Proudboys and we will not be extinguished. We will grown like the flame that fuels us and spread that love that guides us. We are unstoppable, unrelenting and now… unforgiving. Good luck to all you traitors of this country we so deeply love… you’re going to need it.”

On November 27, 2020, REHL posted on social media “Hopefully the firing squads are for the traitors that are trying to steal the election from the American people.”

On December 23, 2020, REHL posted on social media describing January 6, 2021 as “the day where Congress gets to argue the legitimacy of the [E]lectoral [C]ollege votes, and yes, there will be a big rally on that day.”

On December 27, 2020, NORDEAN created an online crowdfunding campaign which solicited donations for “Protective gear and communications” to be used by the Proud Boys on January 6, 2021. NORDEAN shared a link to this crowdsourcing campaign on his social media page and encouraged others to share it on their social media pages.

On December 30, 2020, REHL posted a link to an online fundraiser with the campaign name of “Travel Expenses for upcoming Patriot Events.” The campaign generated over $5,500 in donations between December 30, 2020, and January 4, 2021.

On January 4, 2021, shortly after Proud Boys Chairman’s arrest pursuant to a warrant issued by D.C. Superior Court, DONOHOE expressed concern that encrypted communications that involved Proud Boys Chairman would be compromised when law enforcement examined Proud Boys Chairman’s phone. DONOHOE then created a new channel on the encrypted messaging application, entitled “New MOSD,” and took steps to destroy or “nuke” the earlier channel. After its creation, the “New MOSD,” channel included NORDEAN, BIGGS, REHL, DONOHUE, and a handful of additional members.

On January 4, 2021, at 7:15 p.m., DONOHOE posted a message on various encrypted messaging channels, including New MOSD, which read, “Hey have been instructed and listen to me real good! There is no planning of any sorts. I need to be put into whatever new thing is created. Everything is compromised ad we can be looking at Gang charges.” DONOHOE then wrote, “Stop everything immediately” and then “This comes from the top.”

On January 4, 2021, at 8:20 p.m., and unindicted co-conspirator (“UCC-1) posted to the New MOSD channel: “We had originally planned on breaking the guys into teams. Let’s start divying them up and getting baofeng channels picked out.”

On January 5, 2021, at 1:23 p.m., a new encrypted messaging channel entitled “Boots on the Ground” was created for communications by Proud Boys members in Washington, D.C. In total, over sixty users participated in the Boots on the Ground channel, including NORDEAN, BIGGS, REHL, DONOHOE, and UCC-1. Shortly after the channel’s creation, BIGGS posted a message to the channel that read: “We are trying to avoid getting into any shit tonight. Tomorrow’s the day” and then “I’m here with rufio and a good group[.]”

Later that evening, BIGGS posted a message to Boots on the Ground channel that read, “Just trying to get our numbers. So we can plan accordingly for tonight and go over tomorrow’s plan.”

Subsequently, REHL, who was travelling to Washington, D.C., on January 5, 2021, stated that he was bringing multiple radios with him, and that there was a person who was planning to program the radios later that evening.

On January 5, 2021, at 8:28 p.m., a message was posted to the Boots on the Ground channel that read: “Everyone meet at the Washington Monument at 10am tomorrow morning! Do not be late! Do not wear colors! Details will be laid out at the pre meeting! Come out at as patriot!”

At 9:03 p.m., REHL notified NORDEAN, BIGGS, DONOHOE and others that he had arrived in Washington, D.C. DONOHOE responded by requesting one of the radios that REHL had brought.

At 9:09 p.m., UCC-1 broadcast a message to New MOSD and Boots on the Ground channels that read: “Stand by for the shared baofeng channel and shared zello channel, no Colors, be decentralized and use good judgement until further orders.” UCC-1 also wrote, “Rufio is in charge, cops are the primary threat, don’t get caught by them or BLM, don’t get drunk until off the street.” UCC-1 then provided a radio frequency of 477.985.

At 9:17 p.m., BIGGS posted a message on New MOSD that read, “We just had a meeting woth [sic] a lot of guys. Info should be coming out” and then posted “Just spoke with [first name of Proud Boys Chairman]”. At approximately 9:20 p.m., BIGGS posted an message that read, “We have a plan. I’m with rufio.” DONOHOE responded, “What’s the plan so I can pass it to the MOSD guys.” BIGGS responded, “I gave [first name of Proud Boys Chairman] a plan. The one I told the guys and said he had one.”

At 6:37 a.m. on January 6, 2021, DONOHOE posted a message to the New MOSD that asked, “Are we gonna do a commanders briefing before the 10 a.m.?”

Subsequently, DONOHOE communicated to others that he was on his way to the Washington Monument. He added, “I have the keys until Rufio and Zach show up.”

On January 6, 2021, at 10:00 a.m., a group of Proud Boys members gathered near the Washington Monument.

Shortly after 10:00 a.m., NORDEAN, BIGGS, and REHL led the group, which included DONOHOE, to the east side of the Capitol.

Consistent with the directive issued by Proud Boys Chairman, NORDEAN, BIGGS, REHL, DONOHOE, and the others, the group of men staind with NORDEAN, BIGGS, REHL, and DONOHOE were not wearing Proud Boys colors of black and yellow. Several men in the group, including BIGGS and REHL, were holding walkie-talkie style communication devices. At different times, NORDEAN and BIGGS carried and used a bullhorm to direct the group.

Shortly before 12:35 p.m., NORDEAN, BIGGS and REHL led the group, which included DONOHOE, to the First Street pedestrian entrance, which was secured by a small number of Capitol Police who were standing behind waist height barriers. BIGGS led the assembled crowd in a series of chants using a megaphone. NORDEAN, REHL, and DONOHOE stood nearby.

Shortly after 12:53 p.m., NORDEAN, BIGGS, REHL, and DONOHOE charged toward the Capitol by crossing over teh barriers that had been violently disassembled and trampled by the crowd moments before NORDEAN, BIGGS, REHL, and DONOHOE advanced.

As the crowd approached sets of metal barriers, certain individuals who had arrived at the First Street pedestrian gate with NORDEAN, BIGGS, REHL, and DONONOE removed additional metal barriers. NORDEAN positioned himself near the front of the crowd as these events took place. As these events unfolded, messages were posted to encrypted messaging boards used by NORDEAN, BIGGS, REHL, and DONOHOE that people were “storming” the Capitol.

NORDEAN, BIGGS, REHL, and DONOHOE advanced toward the west plaza of the Capitol where additional metal barricades and law enforcement were deployed to protect the Capitol and its occupants from the advancing crowd.

While standing next to one another, NORDEAN and BIGGS shook a metal barricade, with Capitol police on the other side of the barricade, until NORDEAN and BIGGS and others in the crowd were able to knock it down. The crowd, including NORDEAN, BIGGS, REHL, and DONOHOE, advanced past the trampled barricade.

Upon arriving at the west plaza, NORDEAN, BIGGS, and REHL positioned themselves at or near the front of the crowd. Upon arriving at the police line, BIGGS took a video in which he announced “we’ve just taken the Capitol.”

NORDEAN paced at the edge of the line of law enforcement while the group that he had led to the First Street gate spread out in the west plaza of the Capitol.

Around 2:00 p.m., DONOHOE assisted the crowd’s effort to advance up a flight of stairs toward the Capitol. The crowd overwhelmed law enforcement who were attempting to stop the crowd from advancing.

At 2:14 p.m., BIGGS entered the Capitol building through a door on the northwest side. The door was opened after a Proud Boys member, Dominic Pezzola, charged elsewhere, used a riot shield at 2:13 p.m. to break a window that allowed rioters to enter the building and force open an adjacent door from the inside. BIGGS and Proud Boys members Gilbert Garcia, William Pepe, and Joshua Pruitt, each of whom are charged elsewhere, entered the same door within two minutes of its opening. At 2:19 p.m., a member of the Boots on the Ground channel posted, “We just stormed the Capitol.”

BIGGS subsequently exited the Capitol, and BIGGS and several Proud Boys posed for a picture at the top of the steps on the east side of the Capitol.

Thirty minutes after first entering the Capitol on the west side, BIGGS and two other members of the Proud boys, among others, forcibly re-entered the Capitol through the Columbus Doors on the east side of the Capitol, pushing past at least one law enforcement officer and entering the Capitol directly in front of a group of individuals affiliated with the Oath Keepers.

After re-entering the Capitol by force, BIGGS and another member of the Proud Boys traveled to the Senate chamber.

NORDEAN entered and remained in the Capitol, including in the Rotunda, before exiting the Capitol with another member of the Proud Boys.

REHL entered the Capitol at approximately 2:53 p.m., through the same door first entered by BIGGS on the west side of the building.

At 3.38 p.m, as some rioters were leaving the Capitol, DONOHOE announced on the Boots on the Ground channel” [w]e are regrouping with a second force.”

(in violation of Title 18, United States Code, Section 371)

COUNT TWO (18 U.S.C. §§ 1512(c)(2),2) – Obstruction of an Official Proceeding and Aiding and Abetting)

Paragraphs 1 through 24 and paragraphs 31 through 68 of this Indictment are re-alleged and incorporated as though set forth herein.

On January 6, 2021, in the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACH REHL and CHARLES DONOHOE attempted to, and did, obstruct, influence, and impede an official proceeding, and did aid and abet others known and unknown to do the same; that is NORDEAN, BIGGS, REHL, and DONOHOE unlawfully entered the Capitol grounds or the Capitol building to, and did, stop, delay, and hinder Congress’s certification of the Electoral College vote.

(In violation of Title 18, United States Code, Sections 1512(c)(2),2)

COUNT THREE (18 U.S.C. §§ 231(a)(3), 2)-Obstruction ofLaw Enforcement During Civil Disorder and Aiding and Abetting)

Paragraphs 1 through 24 and paragraphs 31 through 68 of this Indictment are re-alleged and incorporated as though set forth herein.

On January 6, 2021, in the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACH REHL, and CHARLES DONOHOE, committed and attempted to commit an act to obstruct, impede, interfere with law enforcement of a civil officers lawfully engaged in official duties incident to and during the commission disorder disorder, and did aid and abet others known and unknown to do the same, and the civil obstructed, delayed, and adversely affected the conduct and performance of a federally protected function.

(In violation of Title 18, United States Code, Sections (a)(3),2)

COUNT FOUR (U.S.C. §§ 1361, 2)-Destruction of Government Property and Aiding and Abetting) Paragraphs 1 through 24 and paragraphs 31 through 68 of this Indictment are re-alleged and incorporated as though set forth herein. On January 6, 2021, in the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACH REHL, and CHARLES DONOHOE attempted to, and did, willfully injure and commit depredation property of the United that is, NORDEAN, BIGGS, States, and did aid and abet others known and unknown to do so; abetted others REHL, and DONOHOE together and with others known and unknown, aided and known and unknown to forcibly enter the Capitol and thereby caused damage to the building in an amount more than $1,000.

(In violation ofTitle 18, United States Code, Sections 2)

COUNT FIVE ((18 U.S.C. § 1752(a)(1)-Entering and Remaining in a Restricted Building or Grounds)

Paragraphs 1 through 24 and paragraphs 31 through 68 of this Indictment are re-alleged and incorporated as though set forth herein.

On January 6, 2021, within the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACH REHL, and CHARLES DONOHOE 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.

(In violation ofTitle 18, United States Code, Section 1752(a)(1))

COUNT SIX: (18 U.S.C. § 1752(a)(2)-Disorderly Conduct in a Restricted Building or Grounds)

Paragraphs 1 through 24 and paragraphs 31 through 68 of this Indictment are re-alleged and incorporated as though set forth herein.

On January 6, 2021, within the District of Columbia and elsewhere, the defendants, ETHAN NORDEAN, JOSEPH BIGGS, ZACH REHL, and CHARLES DONOHOE, did knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, 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, when and so that such conduct did in fact impede and disrupt the orderly conduct of Government business and official functions.

(In violation of Title 18, United States Code, Section 1752(a)(2))


Oath Keeper Jessica Watkins

On January 16, 2021, a Special Agent with the Federal Bureau of Investigations (FBI) wrote an Affidavit in Support of Criminal Complaint and Arrest Warrant for U.S. Magistrate Judge Zia M. Faruqui. From the Affidavit:

This Affidavit is submitted in support of a Criminal Complaint chargin JESSICA MARIE WATKINS (“WATKINS”) with violations of 18 U.S.C. § 1752(a), 40 U.S.C. § 5104(e) and 18 U.S.C. § 1512(c)(2). I respectfully submit that this Affidavit establishes probable cause to believe that WATKINS (1) did knowingly enter or remain in any restricted building or grounds without lawful authoritu, or did knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct; (2) did willfully and knowingly 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 any deliberations of either House of Congress; and (3) corruptly did obstruct, influence, or impede any proceedings before the Congress.

Specifically, on or about January 6, 2021, WATKINS traveled to Washington, D.C., and knowingly and willfully joined and encouraged a crowd of individuals who forcibly entered the U.S. Capitol and impeded, disrupted, and disturbed the orderly conduct of business by the United States House of Representatives and the United States Senate..

…BACKGROUND

Incusion at the U.S. Capitol on January 6, 2021

The U.S. Capitol, which is located at First Street, SE, in Washington, D.C., 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 inside the U.S. Capitol.

On January 6, 2021, the exterior of the plaza of the U.S. Capitol was 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. 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…

…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. Police, and the crowd advanced to the exterior facade of the building. The crowd was not lawfully authorized to enter or remain in the building, and prior to entering the building, no members of the crowd submitted to security screenings or weapons checks by U.S. Capitol Police Officers or authorized security officials.

At such time, the certification proceedings 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, including by breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts…

…During national news coverage of the aforementioned events, video footage 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.

The Oath Keepers

Law enforcement and news media organizations observed that members of a paramilitary organization known as the Oath Keepers were among the individuals and groups who knowingly, willfully, and forcibly entered the U.S. Capitol.

The Oath Keepers are a large but loosely organized collection of militia who believe that the federal government has been co-opted by a shadowy conspiracy that is trying to strip American citizens of their rights. Though the Oath Keepers will accept anyone as members, what differentiates them from other anti-government groups is their explicit focus on recruiting current and former military, law enforcement and first responder personnel. The organization’s name alluded to the oath sworn by members of the military and police to defend the Constitution “from all enemies, foreign and domestic.” Members of the Oath Keepers have been arrested in connection with a wide range of criminal activities, including various firearms violations, conspiracy to impede federal workers, possession of explosives, and threatening public officials.

According to an archive of the Oath Keepers website created on December 24, 2020, the Oath Keepers profess to be:

a non-partisan association of current and formerly serving military, police, and first responders, who pledge to fulfill the oath all military and police take to “defend the Constitution against all enemies, foreign and domestic.” That oath, mandated by Article VI of the Constitution itself, is to the Constitution, not the politicians, and Oath Keepers declare that they will not obey unconstitutional orders, such as orders to disarm the American people, to conduct warrantless searches, or to detain Americans as “enemy combatants” in violation of their ancient right to jury trial.

Based on this mission statement – including that Oath Keepers swear not to obey orders that they consider unconstitutional – as well as additional information gained in the course of my investigation, I am aware that the Oath Keepers will violate federal law if they believe their cause is just.

Jessica Watkins

JESSICA WATKINS is a 38-year-old resident of Champaign County, Ohio. WATKINS appears to be affiliated with a group known as the Oath Keepers. At the top of WATKINS’ social media account page on Parler, WATKINS states that she is “C.O. [Commanding Officer] of the Ohio State Regular Militia.” Based on information gained during the course of my investigation, I am aware that the Ohio State Regular Militia is a local militia organization which is a dues-paying subset of the Oath Keepers.

STATEMENT OF FACTS SUPPORTING PROBABLE CAUSE

I have reviewed footage of the January 6, 2021, incursion of the U.S. Capitol, including a video that, at the approximate 3 minute and 8 second mark, shows 8 to 10 individuals in paramilitary equipment aggressively approaching an entrance to the Capitol building. These individuals, who are wearing helmets, reinforced vests, and clothing with Oath Keeper paraphernalia, move in an organized and practiced fashion and force their way to the front of the crowd gathered around a door to the U.S. Capitol.

A close-up view of the badges on the vest of one of these individuals, seen just under the Oath Keepers emblem on his shirt, displays the Oath Keepers motto, “Not On Our Watch.”

Based on the foregoing observations of the video, and information gained in the course of my investigation, I believe the organized group of individuals marching to the door of the U.S. Capitol in the video above are members of the Oath Keepers.

At the approximate 3 hour and 20 second mark, the video shows the uncovered face of an individual in the group of Oath Keepers.

I have identified this individual to be WATKINS by comparing footage in the video above to WATKINS’s DMV photograph and other photographs of WATKINS.

In addition, in various social media posts, WATKINS has confirmed that on January 6, 2021, she entered the U.S. Capitol by force.

For instance, on January 6, Watkins posted to Parler a photograph of herself in the same Oath Keepers uniform in which she appears in Picture 3, alongside the statement: “Me before forcing entry into the Captol Building. #stopthesteal #stormthecapitol #oathkeepers #ohiomilitia.” I am aware from public reporting after the 2020 U.S. Presidential Election that social media #stopthesteal was used by people who believed, essentially, that the election results were influenced by fraud, and who wanted to stop the electoral college results from being certified by the Congress.

Also on Parler, on January 6, WATKINS posted another video from that day and wrote, “Yeah. We stormed the Capitol Today. Teargassed, the whole 9. Pushed our way into the Rotunda. Made it into the Senate even. The news is lying (even Fox) about the Historical Events we created today.”

In another Parler post, WATKINS responded to a comment challenging whether she actually forced entry by confirming, “Nope. Forced. Like Rugby. We entered through the back door of the Capitol.”

WATKINS also confirmed on social media that she had led other members of the Oath Keepers in the incursion at the U.S. Capitol. In another Parler post on January 6, WATKINS shared a picture of an individual in paramilitary gear, wearing an Oath Keeper patch on his arm, and wrote, “One of my guys at the Stop the Steal Rally today. #stopthesteal #stormthecapitol, #oathkeepers #ohiomilitia.”

Your affiant submits that WATKINS’ own description of her conduct – including that she “stormed” the Capitol and “pushed” her way into the Rotunda – as well as her use of the hashtags “#stopthesteal” and “#stormthecapitol” demonstrate WATKINS’ intent to forcibly enter the U.S. Capitol to obstruct the proceedings there.

Furthermore, WATKINS gave a newspaper interview in which she further confirmed her membership in the Oath Keepers and the fact that she had participated in the incursion of the U.S. Captiol on January 6, and suggested that she had clashed with U.S. Capitol Police.

On January 13, 2021, the Ohio Capitol Journal published an article entitled “Ohio Bartender and her ‘Militia’ Drove to D.C. to Join the Capitol Breach.” WATKINS is quoted in the article saying, “To me, it was the most beautiful thing I ever saw until we started hearing glass smash. That’s when we knew things had gotten really bad.” WATKINS also states, “We never smashed anything, stole anything, burned anything and truthfully we were very respectful with Capitol Hill PD until they attacked us. Then we stood our ground and drew the line.”…

On February 24, 2021, CBS News posted an article titled: “Oath Keepers member committed “crime of terrorism” in Capitol riot, prosecutors say”. It was written by McDonald, Claire Hymes. From the article:

An Oath Keepers leader, Jessica Watkins, committed a “crime of terrorism” when she “gleefully” participated in a mob that stormed the U.S. Capitol, prosecutors said Tuesday as they argued that she should be detained as she awaits trial. Watkins became the third Capitol rioter accused by prosecutors of a crime of terrorism, following two Proud Boys members, Dominic Pezzola and Ethan Nordean.

Unlike involvement in a foreign terrorist organization, domestic terrorism is not itself a criminal charge, but it is a factor that judges can consider when deciding whether to release defendants on bail and when determining the length of their sentence if they are found guilty.

Watkins was indicted earlier this month on four charges, one of which was aiding and abetting the destruction of government property – a crime that, if found to be politically motivated, could be considered terrorism. Prosecutors argued Tuesday that because Watkins’ actions were “calculated to influence or affect the conduct of government,” it amounted to a federal crime of terrorism and meant that she should be detained before trial…

…While at the riot, Watkins used a walkie-talkie-style app called Zello to communicate with other associates, prosecutors said. The audio recordins were first reported by WNYC’s “On the Media”. Watkins said on the app: “We have a good group. We have about 30-40 of us. We are sticking together and sticking to the plan.”…

On February 26, 2021, CNN posted an article titled: “Alleged Oath Keeper ringleader in Capitol siege ordered to stay in jail before trial.” It was written by Marshall Cohen. From the article:

A federal judge decided Friday that the alleged ringleader of the most serious paramilitary conspiracy stemming from the Capitol attack must stay in jail before trial.

The ruling came during a federal court hearing where alleged Capitol rioter Jessica Watkins disavowed the right-wing Oath Keepers militia and said she was “humbled” and “humiliated” by the charges against her. These were Watkins’ first public comments since her arrest last month.

Federal Judge Amit Mehta of the DC District Court said Watkins “presents a danger” and eagerly participated in “a historic event that was a real threat to the fabric of our democracy”…

…Addressing Watkins directly, Mehta said, “There is a continued risk that once you are released that you will reaffiliate yourself with these groups,” referring to anti-government extremists.

Watkins has pleaded not guilty to four federal crimes: conspiracy, destruction of government property, obstruction of an official proceeding and entering a restricted building — the Capitol. She is the most prominent defendant in a conspiracy case involving eight other Oath Keepers…


These are not all of the insurrectionists that engaged in a riot at the U.S. Capitol on January 6, 2021. There are more, but this sample gives you a good idea about what these people did and the consequences they faced.

Insurrectionists are Facing Consequences is a post written by Jen Thorpe on Book of Jen and is not allowed to be copied to other sites.

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