photo of the U.S. Capitol by Andra C Taylor Jr. on Unsplash
Those who attacked their own nation’s capitol failed to consider the consequences for doing so. This is Part Four.
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.
Tennessee Man Admits To Conspiring With Jan. 6 defendant to Kill FBI Agents
November 10, 2023: An associate of Jan. 6 defendant pleaded guilty this week to charges that the two men plotted “to murder employees of the Federal Bureau of Investigation.” (NBC News) It was written by Ryan J. Reilly.
Austin Carter, who was a 26-year-old security officer and a member of the Army Reserves at the time of his arrest in December 2022, admitted in a plea agreement that he “unlawfully and knowingly combined, conspired, and agreed with his co-defendant,” Edward Kelley, to kill FBI personnel.
Carter admitted that he provided a cooperating witness “with a list of FBI employees that CARTER received from KELLEY” on or about Dec. 13, 2022, and that Carter instructed the cooperating witness “to memorize the FBI employees identified on the list and then burn the list.” Kelley and Carter “discussed plans to attack the FBI Field Office in Knoxville, Tennessee” and that the purpose of the conspiracy was “to retaliate against government conduct,” Carter admitted.
A court filing from December said that the list Kelly provided included 37 names of law enforcement personnel who worked on Kelley’s Jan. 6 case, and identified which officers were present when Kelley was arrested.
Kelley, an anti-abortion activist, was initially arrested in May 2022 after he was identified as one of the first rioters to breach the Capitol on Jan. 6. Video from the Jan. 6 riot shows a man identified as Kelley using a piece of wood to breach a window, jumping through the window, and then kicking open a fire escape, allowing other rioters to stream inside the Capitol.
Kelley and Carter were arrested in connection with the alleged murder plot last December.
A jury trial for Kelley in the federal murder conspiracy case is scheduled for January, while a status conference in his Jan. 6 case is set for December.
Carter and prosecutors agreed this week that “a sentence not greater than 120 months in prison is the appropriate disposition of this case.” A detention memo from after Carter’s arrest noted that he “worked for four different security companies and is a member of the Army Reserves, where he received advanced training.”
About 1,200 people have been charged in connection with the Jan. 6 attack on the U.S. Capitol, and an additional 1,000 suspects have been identified but not yet charged. The statute of limitations on most of the crimes committed on Jan. 6 expires in a bit over two years, in early 2026.
November 11, 2023: Tennessee man admits to plotting murder of FBI agents (WBIR.com) It was written by Liz Kellar
In a plea agreement, 26-year-old Austin Carter of Knoxville admitted to conspiring with a co-defendant to kill FBI agents working in the Knoxville office.
According to court documents, Carter admitted to conspiring over at least a two-week period in December 2022 with 33-year-old co-defendant Edward Kelley of Maryville to kill FBI agents and “retaliate against government conduct.”
Kelley entered a routine not-guilty plea in January after being indicted by an East Tennessee grand jury. Carter also pleaded not guilty.
Kelley alone faces federal counts of solicitation to commit a crime of violence and influencing a federal official by threat.
According to the newly-filed plea agreement, Carter admitted that he, Kelley, and a “cooperating witness” who remained unidentified in court documents, discussed collecting information and plans to kill FBI employees.
Carter admitted he provided the “cooperating witness” with a list of FBI employees he received from Kelley and instructed the witness to memorize them and then burn the list. On December 14, 2022, Carter and Kelley “discussed plans to attack the FBI Field Office in Knoxville, Tennessee,” according to the agreement.
In January, Carter and Kelley appeared in chains during a brief court appearance before U.S. Magistrate Judge Jill McCook in federal court in Knoxville.
Federal authorities portray Kelley as the leader of the conspiracy, according to previous reporting by WBIR. The bid to kill the federal agents stems from his arrest for taking part in the Jan. 6 insurrection at the U.S. Capitol, prosecutors allege.
January 4, 2023: Tennessee suspects face life in prison in plot to murder FBI agents investigation Jan 6 (Knox News) It was written by Liz Kellar
Two East Tennessee men arrested last month after police say they conspire to murder FBI agents will face life in prison if they’re convicted, the prosecuting attorney said in federal court Tuesday. The case stems from one of the men’s involvement in the Jan. 6 insurrection.
Austin Carter, 26, of Knoxville, and co-defendant Edward Kelley, 33, of Maryville, face a charge of conspiracy to murder U.S. employees. Kelley is facing additional charges of solicitation to commit a. crime of violence and threatening the assault or murder of federal officials, which carry maximum terms of 20 and 10 years, respectively.
Life imprisonment sentences are rare in the federal criminal justice system, according to the United States Sentencing Commission. Mandatory minimum penalties of life imprisonment generally are required in cases involving the killing of a federal official or other government employee, the commission has stated.
Police say their plot to attack the Knoxville Federal Bureau of Investigation office and kill law enforcement officers stems from Kelley’s earlier arrest on charges of assaulting a police officer during the insurrection and breach of the U.S. Capitol in Washington, D.C.
Police have released a photo of Kelley among a crowd of rioters gathered at the Capitol building that day. According to court documents, Kelley got into an altercation with a Capitol police officer before breaking into the building. He was arrested in May and was charged with assault, resisting or impeding officers during civil disorder, unlawful entry and physical violence, destruction of government property, violent entry and related offenses.
Kelley pleaded not guilty in the original charges related to Jan. 6. He was jailed again after prosecutors filed the additional charges accusing him of plotting to kill the investigators. A status hearing is set for March 23.
A plot to assassinate the arresting officers led to the new charges
Kelley obtained a list of officers involved in his DC. criminal investigation, according to the criminal filed against the two men. A witness, who was described as a co-worker and a very good friend to Carter, met with Kelley and Carter in early December when Kelley and Carter in early December when Kelley discussed assassination missions that would target federal agents.
On Dec. 13, Cater gave the witness an envelope from Kelley that contained 37 names and some phone numbers of the law enforcement personnel who participated in his criminal investigation, as well as a thumb drive of video footage from a warrant search of Kelley’s home in May.
According to the complaint, Kelley and Carter planned to carry out attacks against the Knoxville FBI office if either one got arrested. The complaint says Carter told the witness, “This time is the time, add up or put up” and “to definitely make sure you got everything racked, locked up, and loaded.”
Trial set for late February in federal court in Knoxville
Last month, Judge Jill McCook denied Carter’s request to be released on home detention. Kelley is now requesting a detention hearing, which is scheduled for Jan. 10.
Both men pleaded not guilty to the charges in court Thursday, have until Jan. 27 to change their plea.
November 13, 2023: ‘The Threat is always there’ | Former FBI agent speaks after Knoxville man admits plot to kill East TN agents following Jan. 6″ It was written by Maria Marta Guzman. (WBIR.com)
On Nov. 7, Austin Carter, 26, entered a plea agreement in court admitting to a plot to attack a Federal Bureau of Investigation Field Office in Knoxville and kill FBI agents. He admitted to working with Edward Kelley, 33, from Maryville, on the conspiracy to “retaliate against government conduct.”
Kelley previously entered a routine not-guilty plan in January, after he was indicted by an East Tennessee grand jury. He alone faces federal counts of solicitation to commit a crime of violence and influencing a federal official by threat.
According to the plea agreement, Carter admitted that he, Kelley, and a “cooperating witness” who remained unidentified in court document, discussed collecting information and plans to kill FBI employes.
“The information that the FBI gets is from somebody who is other a part of it or has gotten the disclosures of the plan,” said M. Quentin Williams, a former FBI agent. “Many times, there’s leverage against that person, like they’re going to go to prison or jail. And because of that, they cut a deal with the federal government and say, ‘Well, I’ll tell you something, if you give me some slack on your prosecution.”
Carter admitted he provided the “cooperating witness” with a list of FBI employees he received from Kelley and instructed the witness to memorize and then burn the list. On Dec. 14, 2022, Carter and Kelley “discussed plans to attack the FBI Field Office in Knoxville, Tennessee,” according to the agreement.
Federal authorities portray Kelley as the leader of the conspiracy, according to previous reporting by WBIR. The bid to kill the federal agents stems from his arrest for taking part in the Jan. 6 insurrection at the U.S. Capitol, prosecutors allege.
The plea agreement said Carter received a list of FBI employees from Kelley and provided them to the cooperating witness around Dec. 13, 2022. Then, on Dec. 14, the plea agreement said Kelley and Carter discussed plans to attack the FBI Field Office in Knoxville.
“It happens with law enforcement officers, whether you’re a federal agent or local, the threat is always there,” said Williams. “You never know if today’s your day. And unfortunately, that’s a part of the job description.”
Kelley is separately facing prosecution in Washington D.C. on a slew of counts after authorities accused him of participating in the Jan. 6 riot. The counts include assaulting or impeding an officer and violent entry of the Capitol.
Williams said perpetrators like Carter usually try to gather details of employees while plotting.
“They blend in with your non-FBI agent public. And so, there isn’t the same level of security at their homes as there is at work. So, there is opportunity.” he said.
Kelley faces a jury trial in the conspiracy case in January, according to reports from NBC. A separate status conference for his role on Jan. 6 2021, is set for December.
“We’ve seen it for many years, prior to Jan. 6, but now it seems like there’s an added segment of society that holds that resentment and that’s very concerning,” said Williams.
The plea agreement said that prosecutors believed Carter’s sentence should not exceed ten years. His “conspiracy to murder employees of the U.S.” charge usually carries a possible sentence of up to life in prison and a fine of $250,000, according to the agreement.”
January 6, 2023: 2 Years Later: The Status of East Tennesseans charged in the Jan. 6 Capitol insurrection (WIBR.com)
Friday marked two years since the Jan. 6, 2021, insurrection at the U.S. Capitol.
Hundreds of cases have arisen in the past two years after a mob of supporters of former President Donald Trump stormed the building as Congress prepared to certify President Joe Biden’s electoral victory. According to the FBI, at least six people from East Tennessee have been named and charged so far.
Edward Kelley (Maryville)
Prosecutors said Kelley was one of the first people who entered the Capitol on Jan. 6, 2001. Footage entered in the court record shows Kelley tried to break the window near the Senate Wing door, then helped kick open the door so others could get in. Prosecutors charged Kelley with assault, resisting or impeding officers, civil disorder and destruction of government property. Kelley pleaded not guilty to those charges.
After Kelley’s arrest in May 2022, prosecutors said he planned to kill the federal agents involved in his investigation. Kelley and Austin Carter, from Knoxville, were charged by federal agents for conspiring to kill agents.
March 23, 2023: Judge suggests D.C., East Tennessee districts ‘explore’ global resolution in Jan. 6 and federal agent cases (WIBR.com)
U.S. District Court Judge Colleen Kollar-Kotelly suggested on March 23, prosecutors in the Eastern District of Tennessee and the District of Columbia work out a “global resolution” to resolve Edward Kelley’s charges in both districts.
Kelley, from Maryvile, was charged with entering the Capitol on Jan. 6 and assaulting, resisting or impeding officers. Government evidence shows Kelley was the fourth person to enter the Senate wing of the Capitol.
In December 2022, federal prosecutors in Tennessee charged Kelley with conspiring to retaliate against a federal official. Prosecutors charged Austin Carter, a Knoxville man, along with Kelley for the conspiracy.
Court documents allege Kelley and Carter took part in conversations to kill federal agents who investigated him for the alleged Jan. 6 crimes and threatened to attack the FBI’s Knoxville field office.
On Tuesday, Judge Kollar-Kotelly asked Kelley’s defense attorneys if they were offered a plea deal in Tennessee. Lawyers said they hadn’t gotten that far yet.
Those attorneys said they received four terabytes of data in discovery from prosecutors in the case in he Eastern District of Tennessee.
Judge Kollar-Kotelly said she thinks a global resolution could be “explored,” to remove both the cases in the Eastern District of Tennessee and D.C. at once.
The Confederate Flag Carrying Guy
January 14, 2021: “Capitol Riot Investigation: Man Who Carried Confederate Flag Arrested” (New York Times) It was written by Giulia McDonnell Nieto del Rio, Adam Goldman, Katie Brenner, and Mike Ives.
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…
January 14, 2021: The Associated Press posted: “Capitol riot: Confederate flag photo leads to man’s arrest”. It was written by Jonathan Drew.
A Delaware man photographed carrying a Confederate battle flag during a deadly riot at the U.S. Capitol was arrested Thursday after authorities used the image to help identify him, federal prosecutors said.
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 the degradation of government property.
They were part of a larger group that verbally confronted members of the Capitol police over a 15-minute span and were documented on surveillance video, according to court documents written by an FBI special agent.
The men were identified after the FBI was told by a coworker of Hunter Seefried that he had bragged about being in the capitol with his father, court documents say. The FBI agent wrote that authorities compared Kevin Seefried’s driver’s license photo to images of him carrying the flag during the riot to confirm his identity.
They both spoke voluntarily to the FBI on Tuesday and admitted they had 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.
Information on whether the men have attorney’s who can speak for them couldn’t immediately be found in electronic court records. A phone listing for the two men in Delaware rang unanswered Thursday afternoon.
President Donald Trump’s supporters stormed the U.S. Capitol building last week after a rally the president held to repeat baseless election grievances. Five people died during the siege, including a Capitol police officer, a woman shot by police and three people who had medical emergencies.
January 14, 2021: Delaware Online posted “Delaware father, son arrested for involvement in pro-Trump Capitol riot” It was written by Jeff Neiburg, Xerxes Wilson, and Shannon Marvel McNaught.
The man captured in viral images toting a Confederate flag inside the U.S. Capitol building during last week’s riot told federal authorities he normally flies the Civil War battle flag outside his Laurel, Delaware, home.
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 if they understand the charges against them.
Court documents, citing video footage, say the Seefrieds entered the Capitol building through a window that Hunter helped break at about 2:13 p.m., after hundreds of President Donald Trump’s supporters stormed the building where lawmakers were certifying the Electoral College votes from President-elect Joe Biden’s November win.
Kevin and Hunter Seefried were in a large group that “verbally confronted” several U.S. Capitol Police officers, court documents say. Hunter Seefried is seen in the video footage talking a “selfie photograph,” documents say.
The FBI, which circulated Kevin Seefried’s image on social media was tipped off to the father and son from a co-worker of Hunter Seefried, 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.”
Both Kevin and Hunter Seefried participated in “voluntary” interviews with the FBI on Tuesday and confirmed their attendance at the Capitol, investigators said. Kevin Seefried told authorities he brought the Confederate flag from his Laurel home, where it is usually flying outside.
He told authorities that he traveled to Washington with his family to listen to Trump speak. Kevin and Hunter Seefried participated in the march to the Capitol “led by an individual with a bullhorn,” court documents say.
Court documents include an image taken from a video that official say shows Hunter Seefried breaking a glass window of the Capitol.
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 more than 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 Tuesday to prepare to appear in Washington on a day not yet determined during the last week of January.
The riot at the U.S. Capitol last week left five people dead. President Trump was impeached Wednesday on one article of inciting the riot.
Security in Washington has been greatly increased ahead of next week’s inauguration. National Guard members from multiple states, including Delaware, are in the district.
The Seefried’s live in southern Sussex County between Gumboro and Trap Pond State Park near the Maryland state line. Houses in the area are grouped together between stretches of woods and farm fields. Some are large and recently built, while others are ramshackle. Most of them are somewhere in between.
A construction business, K&E Construction LLC, was at one point registered in Kevin Seefried’s name, though it appears the business license linked to a separate Laurel address has lapsed.
The Seefried house sits next to a dilapidated chicken house, a common sight in rural Sussex County. There was no Confederate flag or Trump paraphernalia adorning the home Thursday.
Kevin Seefried told authorities the Confederate flag he took to the Capitol usually flies outside his home, but the flag pole in front of his house was bare.
Reporters outside the Seefried home Thursday were told to leave because children were inside. No one answered the door at the house next door. At another home nearby, workers were cleaning up after a recent fire. They said someone had fallen asleep with a lit cigarette.
Just around the corner, on Arvery Road, a neighbor declined to comment. When another reporter went to his door, he came out and shooed her away.
Gail Defelice, however, came to the door of her Arvey Road home and said she’s interacted with the Seefrieds only once or twice, when their dog got out. A truck pulled up, and Defelice identified the occupants as her sons.
When asked if they knew the Seefrieds, one said, “Good people,” but declined to give his name.
April 8, 2021: CNBC posed: “Man who carried Confederate flag to Capitol during Jan. 6 riot indicted” It was written by Tucker Higgins.
Kevin Seefried, who was photographed carrying 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, Del. Both men are residents of Delaware.
Kevin and Hunter Seefried are among the hundreds of individuals who have been charged with crimes related to the attack on the Capitol, which was carried out largely by supporters of former President Donald Trump who rejected his electoral defeat to President Joe Biden.
An affidavit signed by FBI Special Agent Katherine Pattillo filed in connection with the case in January said that authorities reviewed video footage allegedly showing the Seefrieds entering the Capitol via a broken window.
The two were identified, according to the affidavit, after a co-worker of Hunter Seefried told the FBI that Hunter had “bragged about being in the Capitol with his father on January 6, 2021.”
Patillo also wrote that she reviewed footage posted to Twitter that allegedly shows Hunter Seefried “punching out glass in a window in the Capitol complex after people adjacent to him in the crowd broke it with a wooden 2 x 4.”
“Kevin Seefried confirmed to law enforcement agents that Hunter Seefried was asked by an individual unknown to the Seefrieds, to assist with clearing the window because Hunter Seefried was wearing gloves,” Pattillo wrote.
Both members participated in separate, voluntary interviews with investigators, Patillo wrote. Kevin Seefried said during his interview that he had brought the Confederate flag from his home in Delaware, where he had it displayed outside.
“Defendant Kevin Seefried told law enforcement that he had traveled with his family from Delaware to the District of Columbia to hear President Trump speak and that he and Hunter Seefried participated in a march from the White House to the Capitol led by an individual with bull horn,” Pattillo wrote.
The five charges that 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 or grounds; 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 property; and act of physical violence on the Capitol grounds or buildings.
An attorney for Hunter Seefried did not immediately respond to a request for comment. An attorney of Kevin Seefried could not be immediately reached.
October 24, 2022: The United States Attorney’s Office District of Columbia posted: “Delaware Man Sentenced to 24 Months in Prison for Actions Related to Capitol Breach”
Defendant and His Father Illegally Entered Capitol
WASHINGTON: A Delaware man was sentenced today to 24 months in prison for felony and misdemeanor charges for his actions during the Jan. 6, 2021, Capitol Breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Hunter Seefried, 24, was sentenced in the District of Columbia. He and his father, Kevin Seefried, 53, both of Laurel Delaware, were found guilty on June 15, 2022, by U.S. District Judge Trevor N. McFadden, who sentenced Hunter Seefried today. Kevin Seefried is to be sentenced on Jan. 20, 2023.
According to government’s evidence, Hunter and Kevin Seefried attended a rally near the Ellipse on Jan. 6, 2021, and then headed to the U.S. Capitol. They illegally entered the Capitol grounds and joined a crowd of rioters heading up the steps of the building. People near Hunter and Kevin Seefried broke windows with a police shield and a wooden two-by-four, and Hunter Seefried cleared a large piece of glass from one of those windows to clear the way.
After the glass was broken, the Seefrieds and many others entered the building starting approximately 2:13 p.m. The Seefrieds were among the first people to enter the Capitol on January 6.
Kevin Seefried was photographed inside the building holding a Confederate flag. While in the building, both of the defendants were part of a larger group of individuals who verbally confronted several U.S. Capitol Police officers near the entrance to the Senate Chambers.
Hunter and Kevin Seefried were arrested on Jan. 14, 2021, in Delaware. Both Hunter Seefried and his father were found guilty after a bench trial of the felony offense of obstruction of an official proceeding, and four misdemeanor offenses, including entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a Capitol Building; disorderly conduct in a Capitol Building, and parading, demonstrating, or picketing in a Capitol Building. Judge McFadden acquitted Hunter Seefried to three other related charges.
Following his prison term, Hunter Seefried will be placed on one year of supervised release. He must also pay $2,000 in restitution.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provide by U.S. Attorney’s Office for the District of Delaware.
The case is being investigated by the FBI’s Baltimore Field Office and the FBI’s Washington Field Office, which listed Hunter Seefried as #18 and #41 on its seeking information photos, and Kevin Seefried as #30. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 21 months since Jan. 6, 2021, more than 880 individuals have been arrested in nearly all 50 states for crimes related to the breach of the Capitol, including over 270 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
The “Zip Tie Guy” and his Mother
January 10, 2021: The New York Times posted: “FBI Arrests Man Who Carried Zip Ties Into The Capitol”. It was written by Adam Goldman and Katie Brenner.
The F.B.I arrested two men on Sunday who were photographed in the Senate chamber clad in military-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.
January 10, 2021: United States Attorney Donald Q. Cochran submitted a “”Government’s Memorandum In Support of Pre-Trial Detention” for Eric Munchel. From the Memorandum:
GOVERNMENT’S MEMORANDUM IN SUPPORT OF PRE-TRIAL DETENTION
The United States of America, by and through its attorney, the United States Attorney for the Middle District of Tennessee, respectfully files this memorandum in support of pre-trial detention. 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: as 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, 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 member shouted “Treason!” and lamented the disappearance of lawmakers from the chamber moments earlier.
MUNCHEL’s conduct here was dangerous and extremely serious. This Court should adopt the recommendation of the Pretrial Services Office and detain MUNCHEL pending trial.
PROCEDURAL BACKGROUND
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 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 40 U.S.C. § 5104(e)(2).
MUNCHEL made his initial appearance in the Middle District of Tennessee on January 11, 2021. (EFC Doc. No 2.) 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 18 U.S.C. § 3142(f)(2)(A),(Id.)
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.
There is Probable Cause to Believe that MUNCHEL Committed the Offenses in the Complaint
“If a defendant is charged with an offense other than a petty offense, a magistrate judge must conduct a preliminary hearing unless” the defendant waives the hearing or is indicted. Fed. R. Crim. 5.1(a). “At the preliminary hearing, the defendant may cross-examine adverse witnesses and may introduce evidence but may not object to evidence on the ground that it was unlawful acquired.” Fed R. Crim P 5.1(e).
“If the magistrate judge finds probably cause to believe an offense has been committed and the defendant committed it, the magistrate judge must promptly require the defendant to appear for further proceedings.”
MUNCHEL is charged by complaint, as noted, with violations of 18 U.S.C. § 371, 18
U.S.C. § 231(a)(3), 18 U.S.C. § 1752(a), and 40 U.S.C. § 5104(e)(2). To prove a violation of 18 U.S.C. § 231(a)(3), the government must show (1) that a civil disorder existed at the time of any alleged violation; (2) that such civil disorder was resulting in interference with a federally protected function; (3) that one or more law enforcement officer were lawfully engaged in the lawful performance of their official duties to and during the commission of such civil disorder; (4) that the defendant attempted to commit an act for the intended purpose of obstructing, impeding, or interfering, either by himself or with someone else, in a violent manner and such law enforcement officer or officers; and (5) that such attempt to act was done willfully and knowingly. United States v. Casper, 541 F.2d 1275, 1276 (8th Cir. 1976).
To prove a violation of 18 U.S.C. § 1752(a), the government must show that the defendant’s conduct satisfies at least one of the subsections of § 1752(a). At least three subsections — (a)(1) through (a)(3) – are implicated by MUNCHEL’s conduct, although the Court need only find at the preliminary hearing that the government has satisfied one of these subsections to find that the government has established probable cause for a violation of § 1752(a). See, e.g., United States v. Bursey, 416 F.3d 301, 309 (4th Cir. 2005).
(“The Statute require[s] only that [the defendant] refrain from ‘willfully and knowingly … enter[ing] in any posted, cordoned off, or otherwise restricted area of … grounds where the President or other person protected by the Secret Service is or will be temporarily visiting.”). (alterations in original).
Furthermore, under 18 U.S.C. § 1752(b)(1)(A), a defendant, as here, is subject to a statutory maximum penalty of ten years if he, “during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm.”
To prove a violation of 40 U.S.C. § 5104(e)(2), the government must show that the defendant’s conduct satisfies at least one of the subsections of § 5104(e)(2).
CONCLUSION
For the foregoing reasons, as well as any reasons which may be set forth at a hearing on this motion, the government respectfully submits that there exists no condition or combination of conditions which would assure the safety of any person or the community, or which would ensure the defendant’s appearance at his court hearings. Accordingly, the government requests that the Court order the defendant detained pending trial.
In the event that the Court elects to release MUNCHEL pending trial, the government makes two requests. First, the government requests that the Court include in its release order that the defendant (1) be ordered to wear a GPS tracking device; (2) stay away from Washington, D.C., unless he is appearing for court, meeting with pretrial services, or consulting with his attorney; (3) call pretrial services once per week; (4) advise pretrial services of any travel he intends to undertake within the United States outside of the Middle District of Tennessee; (5) not travel outside of the continental United States without court approval; and (6) participate in all future proceedings as directed.
Second, the government requests that the Court stay any release order so that the government may file a motion for revocation of he release order with the court having original jurisdiction over the offenses, namely, the United States District Court for the District of Columbia, pursuant to 18 U.S.C. § 3145(a).
January 22, 2021: International Business Times posted: “Zip Tie Guy” and His Mom Had Weapons Stashed with Hundreds of Ammo Outside Capitol, DoJ says.” It was written by Krishnendu Banerjee.
The story of the riots at the US Capitol is still unfolding with law enforcement finding some sinister plots behind the incident that many lawmakers dubbed as an insurrection and attempted coup. Of the rioters, one was particularly highlighted by the Federal Bureau of Investigation (FBI) and the netizens for carrying zip-ties that could have been used to take lawmakers hostage. Now, according to the US Department of Justice (DoJ), the “zip tie guy” and his mom had weapons stashed outside the Capitol.
Eric Munchel (30), “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 U.S. Capitol building in a bag that contained 15 firearms including a sniper rifle, multiple assault rifles and a drum-style magazine for rapid firing, “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…
‘Extremely Dangerous’
Munchel and his mother were identified by law enforcement after videos and photos were shared on social media platforms. The investigators then cross-matched those with hotel surveillance footage to identify them. As per the court documents, filed in court on Wednesday (January 20), Munchel gave his cell phone that recorded the incidents to a friend for “safekeeping.” Police obtained the cell phone later.
As for the hearing that is set for Friday (January 22) afternoon, the police have asked for a pre-trial detention for his extreme views and actions. On January 6, Munchel along with other rioters stormed the Capitol and shouted “Treason!” inside Senate chambers a few moments after former Vice President Mike Pence was presiding over 2020 election certification.
“Munchel was prepared for conflict: as he told a reporter he was ready to ‘rise up’ and ‘fight if necessary’. Munchel stood with a crows whose members shouted “Treason!” and lamented the disappearance of lawmakers from the chamber moments earlier. Munchel’s conduct here was dangerous and extremely serious,” the DoJ’s court filing said. Munchel will be presented to the court for a detention hearing on July 25.
January 25, 2021: CBS News posted “Judge blocks release of alleged “zip tie guy” from Capitol riot.”
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, the cleared the way for Munchel’s release as early as Monday. Howell stayed the lower court’s order pending a review.
Two rioters were spotted carrying zip ties during the havoc in the Capitol. Munchel as been dubbed “the zip tie guy” on social media.
After testimony at a detention hearing Friday, U.S. Magistrate Judge Jeffrey Frensley for the Middle District of Tennessee determined that Munchel wasn’t a flight risk and didn’t pose harm to the public.
Federal prosecutors have argued that Munchel’s offenses are serious enough to detain him pending trial to ensure the community’s safety.
According to court records, an FBI search of Munchel’s home turned up the tactical gear he wore in Jan. 6 storming of the Capitol, five pair of plastic handcuffs, multiple weapons, hundreds of rounds of ammunition and a drum-style magazine.
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, prosecutor said Munchel traveled to Washington with his mother, Lisa Eisenhart, who has also been charged in the Capitol riot. The two participated in 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.”
Court documents allege Munchel went into the Senate chamber just minutes after the chamber had been evacuated.
Munchel “perceived himself to be a revolutionary, in the mold of those who overthrew the British government in the American Revolution,” according to court filings. He was “dressed for combat” with “combat boots, military fatigues, a tactical vest, gloves, and a gaiter that covered all of his face except for his eyes,” documents state. He also wore a stun gun on his hip and mounted a cellphone to his chest to record events.
WUSA says the emergency appeal of Frensley’s order filed by U.S. Attorney for the District of Columbia Michael Sherwin included an allegation that wasn’t presented in Friday’s hearing: That Munchel had been part of a group that had assumed and threatened a Bloomberg reporter they had mistakenly identified as being “antifa.”
The appeal argued that, contrary to Frensley’s ruling, Munchel could “make no serious claim that he went to the Capitol on January 6 intending to engage in peaceful protest or civil disobedience.”
“Instead,” Justice Department lawyers wrote, “the evidence supports the conclusion that he intended to contribute to chaos, obstruct the Electoral College certification, and sow fear.”
January 26, 2021: Tennessean posted: “Lisa Eisenhart, mom of Capitol riot zip-tie-suspect to remain in custody, reversing earlier decision.” It was written by Brinley Hineman.
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 Jeffery Frensley, the U.S. District Court in Washington, D.C., blocked the Nashville-based judges order.
That means Eisenhart will remain in custody and will 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 said Monday while Eisenhart’s involvement in the siege was “undisputed,” she poses no flight risk or danger to the public while she awaits trial.
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.
Frensley repeatedly pushed back on claims Eisenhart made in a news article that she was willing to die for her cause. He also questioned Eisenhart and Munchel’s motive in grabbing plastic restraints, asking if the woman could have grabbed them to prevent law enforcement from using them on the rioters. Her motive with them is “far from clear,” the judge said.
The judge also questioned Eisenhart’s motive in wearing a bulletproof vest, saying that federal agents and even lawmakers sometime wore tactical gear, and perhaps the woman wore it for protection from others rather than because she anticipated kickstarting violence.
“Is it not possible, though, that someone could wear a bulletproof vest for their protection rather than to engage in (violent) conduct?” Frensley asked.
Eisenhart told reporter she views herself as a revolutionary figure
According to federal prosecutors, Eisenhart said she’d rather die than “live under oppression.” She viewed herself as part of a new revolution, she told a Sunday Times reporter.
“Same as our forefathers, who established this country in 1776,” she told the outlet. “I’d rather die as a 57-year-old woman than live under oppression. I’d rather die and would rather fight.”
Frensley said “maybe ‘fighting and dying’ is more hyperbole” and that the word “fight” has multiple connotations.
“Not with you say you’re willing to fight and die, no, your honor,” prosecutor Joshua A. Kurtzman answered. “She has told the public she is willing to fight at any cost, and she would prefer living under the current system. I am just asking the court to believe her.”
A witness told federal agents Eisenhart was “very unhappy” that President Joe Biden won the 2020 election over President Donald Trump.
While inside the Capitol, the Georgia woman joined the pro-Trump mob in chanting “Treason!”, “Traitors!” and “We want a fair election!” after they breached the Senate gallery, Kurtzman revealed.
After entering the gallery, the crowd, including Eisenhart, taunted lawmakers who had fled from the room just minutes before the mob entered. She showed up dressed in tactical gear “prepared for battle,” Kurtzman said. It’s “simply inaccurate” that Eisenhart wasn’t prepared to engage in violence.
When she and her son came across a pile of plastic restraints, Munchel grabbed a handful and Eisenhart grabbed at least one, court documents show.
Eisenhart and Munchel brought the plastic restraints they discovered inside the Capitol to Nashville, possibly as trophies, prosecutors said. Some testimony suggested that the two took the plastic restraints so they wouldn’t fall into the wrong hands, but Kurtzman rejected that claim.
“The idea that those zip ties were taken in a benevolent move by (Eisenhart) is just not supported by the evidence,” the prosecutor said…
March 26, 2021: Law & Crime posted: Federal Appeals Court Gives ‘Zip-Tie Guy’ and his Mom Another Shot at Pre-Trial Freedom in Capitol Riot Case”. It was written by Adam Klasfeld.
The Capitol rioter known as the “zip-tie-guy” for toting tactical restraints in the Senate chamber and his mother were granted new opportunities for pre-trial release on Friday, after the D.C. Circuit ordered a new assessment of their danger to the community.
One of the icons of the Jan. 6th siege, Eric Gavelek Munchel was photographed repeatedly on that day in military gear, carrying plastic handcuffs and hopping around the Senate chamber. Munchel claimed that he harvested the flexicuffs that Capitol police left behind and had no plans to use them, but prosecutors said the he could have used them for taking hostages if he came across any lawmakers. He went into the Capitol on that day with his mother Lisa Marie Eisenhart.
The Tennessee residents appeared slated for pretrial release before their transfer to Washington, D.C.
In January, U.S. Magistrate Judge Jeffrey S. Frensley ordered Munchel’s release in a ruling finding keeping him in jail incompatible with the presumption of innocence.
“In our society, liberty is the norm, and detention before trial is an exception,” Frensley declared on Jan. 22., paraphrasing a Supreme Court decision on the Bail Reform Act in the mafia case U.S. v. Solerno.
Until Friday, Frensley’s ruling was an outlier. Judge Beryl A Howell, the chief of the District of D.C., blocked Frensley’s ruling two days later, before the release order went into effect. Senior Judge Royce C. Lamberth, who came to preside over both of their cases, kept both Munchel and Eisenhart behind bars, rejecting the mother’s motion to be released from “maximum” security conditions that she claimed included solitary confinement.
Citing the Solerno quotation, a three-judge panel of the D.C. Circuit Court of Appeals just gave the mother-and-son another shot at freedom.
“Here, the District Court did not adequately demonstrate that it considered whether Munchel and Eisenhart posed an articulable threat to the community in view of their conduct on January 6, and the particular circumstances of January 6,” Judge Robert L. Wilkins, a Barack Obama appointee, wrote for the majority.
Judge Judith Rodgers, a Bill Clinton appointee, concurred with the ruling.
“The District Court based its dangerousness determination on a finding that ‘Munchel’s alleged conduct indicates that he is willing to use force to promote his political ends,’ and that ‘[s]uch conduct poses a clear risk to the community.'” the majority ruling continues. “In making this determination, however, the Court did not explain how it reached that conclusion notwithstanding the countervailing finding that ‘the record contains no evidence indicating that, while inside the Capitol, Munchel or Eisenhart vandalized any property pr physically harmed any person.; … and the absence of any record evidence that either Munchel or Eisenhart committed any violence on January 6.
That Munchel and Eisenhart assaulted no one on January 6; that they did not enter the Capitol by force; and that they vandalize no property are all factors that weigh against a finding that either pose a threat of ‘using force to promote [their] political ends,’ and that the District Court should consider on remand.”
Their ruling stopped short, however, of ordering Munchel and Eisenhart’s release, which Donald Trump-appointed Judge Gregory Katas would have done outright.
“Putting it all together, because the record strongly suggests that Munchel and Eisenhart would present no safety risk if subjected to strict release conditions, the district court clearly erred in finding that the government had proved its case by clear and convincing evidence,” Katas wrote in a dissent.
Four days after the riots, the FBI and Joint Terrorism Task Force executed a search warrant upon Munchel’s home in Nashville, and authorities claim that they located the items that he wore during the Capitol siege: the tactical vest with a “Punisher” comic book and Tennessee “thin blue line” patches; a baseball cap depicting a rifle and a flag; and five pairs of white handcuffs.
The FBI also found an enormous stash of 15 firearms including assault rifles, a sniper rifle with a tripod, other rifles, shotguns, and pistols, and hundred of rounds of ammunition, pictures of which were in court records.
