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Criminal charges brought in the 2021 United States Capitol attack

From EverybodyWiki Bios & Wiki

FBI poster seeking information on violence at the Capitol published January 6, 2021

On January 7, Michael R. Sherwin, the interim United States Attorney for the District of Columbia, said rioters could be charged with seditious conspiracy or insurrection.[1] He said any Capitol Police officer found to have assisted the rioters would be charged,[2] and he further suggested that Trump could be investigated for comments he made to his supporters before they stormed the Capitol and that others who "assisted or facilitated or played some ancillary role" in the events could also be investigated.[1] As of January 14, the majority of charges filed were for disorderly conduct and unlawful entry.[3]

Also on January 7, House Homeland Security Committee Chairman Bennie Thompson said that any rioter who entered the Capitol should be added to the federal No Fly List.[4] Former acting FBI director Andrew McCabe and inspector general David C. Williams argued Trump could face criminal charges for inciting the riot.[5]

D.C. Attorney General Karl Racine said that he is specifically looking at whether to charge Donald Trump Jr., Rudy Giuliani and Mo Brooks with inciting the violent attack on the Capitol, and indicated that he might consider charging Donald Trump when he has left office.[6] Calls for Trump to be prosecuted for inciting the crowd to storm the Capitol also were made in the aftermath of the event.[7] D.C. Mayor Muriel Bowser said, "We saw an unprecedented attack on our American democracy incited by the United States president. He must be held accountable. His constant and divisive rhetoric led to the abhorrent actions we saw today."[8] Legal experts have stated that charging Trump with incitement would be difficult under Brandenburg v. Ohio (1969), the Supreme Court ruling which established that for speech to be considered criminally inciting, it must have been intended to incite "imminent lawless action" and "likely to incite or produce such action".[9]

Though the number of people arrested is large enough to defy generalization, at least 17% were tied to extremist or fringe movements,[10] including the Proud Boys, Oath Keepers, Three Percenters, and Patriot Front,[11] as well as the Texas Freedom Force.[12] The majority were not affiliated with a specific far-right group and had been more informally radicalized by right-wing Internet, social media, or television.[11][13] At least 15% had ties to the military or law enforcement.[10] About 40% were business owners or white-collar workers; only about 9% were unemployed.[11] A Washington Post review of public records showed that of defendants with enough information to identify financial histories, almost 60% had experienced financial problems over the preceding 20 years.[11] Some 18% had a past bankruptcy (nearly double the rate of the general public), 20% had prior eviction and foreclosure proceedings, 25% had been sued by a creditor for not paying money owed; and others had bad debt, delinquent taxes, or tax liens.[11] Many clearly expressed a belief in the QAnon conspiracy theory.[14] While the majority of those charged were men, 25 women were also charged.[12] Among those whose age was known, the average age was 41 years; the youngest charged was 18, and the oldest was 70.[12] Those who were arrested came from 42 states, with the largest numbers coming from Texas, New York, Florida, and Pennsylvania.[12] At least 27 had previous criminal records;[13] with at least nine having been previously accused of, or convicted of, committing violence against women (including one who had served five years in prison for rape and sexual battery) or had been the subject of domestic violence restraining orders.[15]

On February 10, CNN reported that the FBI, investigating the death of Capitol Police officer Brian Sicknick, was in the process of narrowing down a list of potential suspects.[16] On February 26, the agency reportedly identified one suspect of focus, according to sources.[17]

The New York Times reported in March 2021 that the FBI was investigating communications between an unnamed associate of the White House and an unnamed member of Proud Boys during the days prior to the incursion. The communications had been detected by examining cellphone metadata and were separate from previously known contacts between Roger Stone and Proud Boys.[18]

Table of notable charges[edit]

Accused Date first charged Charge(s) Case status Jurisdiction + Indictment
Erik Munchel January 24, 2021 obstructing Congress, interstate travel in furtherance of rioting activity, sedition and other offenses D.D.C[19]
Dominic Pezzola, William Pepe January 29, 2021 criminal conspiracy D.D.C[20][21]

Notable arrests and charges[edit]

Interim United States Attorney Michael R. Sherwin holds a press conference on criminal charges related to the events at the Capitol

By February 1, 228 people from 39 states and DC had been charged with federal and/or DC offences.[22] By April 23, 439 people had been charged.[23]

January 6[edit]

A 70-year-old resident of Falkville, Alabama,[24] who allegedly parked a pickup truck two blocks from the Capitol containing eleven homemade incendiary devices (described as "Mason jars filled with homemade napalm" intended to "stick to the target and continue to burn" in court filings),[25] an AR-15 style rifle, a shotgun, two pistols, a crossbow, a stun gun, and camo smoke canisters, was arrested and charged under a 17-count indictment.[26][27][28] Court documents said that upon being stopped by police, the man "asked officers whether they had located the bombs", and prosecutors also "suggest[ed] an intent to provide [weapons] to others".[26] Authorities also found handwritten notes listing "purported contact information" for Ted Cruz (R), Fox News host Sean Hannity, and radio host Mark Levin, as well as a list of "bad guys" including Seventh Circuit judge David Hamilton and Rep. André Carson (D–IN), who was referred to as "one of two Muslims in the House".[28]

January 7[edit]

The leader of a Proud Boys group in Hawaii was taken into custody.[29]

A man from Colorado was arrested,[24] with prosecutors alleging that he brought a compact Tavor X95 rifle, two handguns, a "vial of injectable testosterone", and about 320 rounds of armor-piercing ammunition. He allegedly texted acquaintances that he was "gonna run that cunt Pelosi over while she chews on her gums" or "[put] a bullet in her noggin on [l]ive TV", that he "may wander over to [D.C. mayor Muriel Bowser]'s office and put a 5.56 in her skull",[30] and that he "predict[s] that within 12 days, many in our country will die", as well as later texting a photo of himself in blackface.[25][27] He had previously protested outside of Georgia governor Brian Kemp's home.[25]

January 8[edit]

A 60-year-old man from Gravette, Arkansas,[24] who was photographed with his feet on House Speaker Nancy Pelosi's desk during the storming of the Capitol, was arrested on federal charges of entering and remaining on restricted grounds, violent entry, and theft of public property.[31][32][33][34] He was extradited to DC to face trial and jailed by federal judge Beryl Howell on January 28.[35][36][37][38]

A 36-year-old man from Parrish, Florida,[24] who was photographed carrying a lectern from Nancy Pelosi's office, was arrested[39][40][41] and charged with entering a restricted building, stealing government property, and violent entry and disorderly conduct on Capitol grounds. The Miami Herald reported he had posted on social media comments that "disparaged the Black Lives Matter movement" and police "who defend First Amendment protected rights".[42]

A 34-year-old man from Boise, Idaho, photographed hanging from the Senate balcony during the rampage, was listed as a person of interest by the Metropolitan Police Department of the District of Columbia;[43][44][45] he deleted his social media accounts following the riots, and issued an apology.[43]

January 9[edit]

Jake Angeli,[24] also known as the "QAnon Shaman" and pictured in many widely shared photos shirtless, wearing facepaint and a horned fur headdress, and carrying a spear, was arrested and charged with one count of entering a restricted building and one count of violent entry and disorderly conduct.[35] Angeli's lawyer claimed that Angeli believed himself to have acted "at the invitation of our president," since Trump had stated at the rally that he would accompany protesters to the Capitol (though he ultimately did not), and that Trump therefore ought to pardon Angeli directly.[46] In a January 14 court filing, federal prosecutors sought to keep Angeli in detention, alleging that his participation in the riot was part of a failed plot "to capture and assassinate elected officials."[47]

Another man seen in video aggressively leading a mob up the stairs to the second floor of the Capitol was arrested by the FBI.[35]

January 10[edit]

Two men seen carrying plastic handcuffs as they moved through the Capitol were arrested. The first man, a 53-year-old retired Air Force lieutenant colonel from Grapevine, Texas,[24] was wearing a tactical vest and a green combat helmet, and had previously identified himself to The New Yorker and claimed he "found the zip-tie handcuffs on the floor". He was charged with one count of entering a restricted building and one count of violent entry and disorderly conduct. The second man, aged 30,[24] was pictured in a black cap and holding a fistful of zip ties as he jumped over railing in the Senate gallery. He attended the riot with his mother. He told the Sunday Times the Capitol storming "was a kind of flexing of muscles" and that "the point of getting inside the building is to show them that we can, and we will." He was arrested in Tennessee and charged with the same crimes.[48]

A man who was arrested on January 6 and charged with "entering the United States Capitol Grounds against the will of the United States Capitol Police" committed suicide at his home in Alpharetta, Georgia.[49]

January 12[edit]

The 34-year-old son of a Kings County Supreme Court judge was arrested in Brooklyn; he had been seen carrying a Capitol Police riot shield and also told the New York Post "the election was stolen".[50]

A retired Navy SEAL and the director of firearms training business ATG Worldwide, who posted a Facebook video on January 6 in which he described "breaching the Capitol", was questioned by the FBI. On January 12, the ATG Facebook page shared a video message from the man in which he described having participated in a "caravan" to the Capitol on January 6 because he was "angry at the direction of our country."[51] He has expressed regret for his participation and said he is cooperating with the FBI.[52]

January 13[edit]

A 56-year-old man was arrested in Newport News, Virginia, and charged with unlawful entry and disrupting government business.[30][53] He had been photographed in a sweatshirt with the anti-Semitic words "Camp Auschwitz", a "death's head" insignia, and the slogan "work sets you free", a phrase notoriously placed at the entrances of a number of Nazi concentration camps.[54] He has been described as a long-time extremist who wore the sweatshirt regularly.[55] Footage of him caused worldwide outrage,[56][57] as the shirt he was wearing was the most overt sign of antisemitism seen inside the Capitol during the riot.[58][59] The International Auschwitz Committee, and survivors of the Auschwitz concentration camp around the world, welcomed the arrest; Christoph Heubner, the committee's executive director, said that in recent days the man had become the symbol of a political subculture "that glorifies Auschwitz ever more openly and aggressively and propagates the repetition of Auschwitz."[58][60]

Two police officers belonging to Virginia's Rocky Mount Police Department allegedly attended the riot off-duty and posted a picture of themselves inside the Capitol on social media, writing they were "willing to actually put skin in the game and stand up for their rights".[30] They were charged with disorderly conduct and entering a restricted space.

January 14[edit]

A man from Laurel, Delaware who was photographed carrying the Confederate battle flag through the Ohio Clock corridor and past a portrait of abolitionist Charles Sumner was arrested along with his son. The FBI had previously included him in a public list of wanted people.[35][61]

John Earle Sullivan, the founder of anti-police brutality and pro-racial justice group Insurgence USA, was arrested briefly before being released. He was charged over the content in his videos where he appears to encourage the rioters and excitedly celebrating them advancing through the Capitol. He had previously claimed that he was there to document the actions of the protestors, stating that he was only pretending to be a participant to blend in. Right-wingers like Rudy Giuliani and Mo Brooks seized upon his arrest to amplify claims about the involvement of the left in the riot. Despite being called a Black Lives Matter activist and left-wing activist, Black Lives Matter-Utah has denied he is a member, and some left-wing activists have treated him with suspicion in the past due to him stirring trouble and his brother being a pro-Trump activist.[62][63] The arrest document stated he had made a statement outside the Capitol about "burning this shit down" and "ripping Trump out of office" during a speech he made in August 2020 while pointing to the White House.[64][65]

Klete Keller, a former Olympic gold medalist swimmer, turned himself in to officials. He was charged with obstructing law enforcement engaged in official duties incident to civil disorder, knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds. He was identified by his height, 6 ft 6 in (198 cm), and by wearing an official US Olympic team jacket without obscuring his face.[66][67]

January 15[edit]

Far-right activist Tim "Baked Alaska" Gionet was arrested by the FBI in Houston, Texas. He is facing charges of violent and disorderly conduct on the Capitol grounds and knowingly entering a restricted building without lawful authority.[68][69]

A 43-year-old man from Rochester, New York was charged with illegally entering a restricted building, obstruction of an official proceeding and destruction of government property. A widely circulated video appears to show him using a riot shield to break one of the windows in the Capitol. After the event, he allegedly stated he "would have killed anyone they got their hands on, including Speaker of the House Nancy Pelosi and Vice President Michael Pence".[70] He had previously been seen at Proud Boys protests and is an ex-marine.[71]

January 16[edit]

A 42-year-old man from Coxs Creek, Kentucky, accused of breaking the window that Ashli Babbit tried climbing through before being shot, was arrested in Louisville charged with assaulting a federal officer, destroying government property worth over $1000, unlawfully entering a restricted building, violent entry and disorderly conduct.[72] Per the affidavit, he is seen in a video wearing a gray sock cap and a jacket with a red hood, striking at the window with a wooden flagpole.[73] A relative identified him to the FBI, stating that he had gone to a Trump rally in Washington, D.C. in the past too and learnt of his plans for travel through Facebook. The affidavit also states the man admitted to a friend on January 7 that he had broken a window.[74]

January 17[edit]

Jon Schaffer, co-founder and guitarist of the heavy metal band Iced Earth, surrendered to the FBI in Indianapolis, Indiana. Schaffer is facing six charges related to the Capitol storming and is accused being engaged in acts of physical violence in the building and of being part of a group of people that sprayed bear repellent on Capitol Police officers.[75][76] In the days following January 6, Schaffer was identified by music websites as possibly having been inside the building.[77] The other members of Iced Earth issued a statement on January 10 denouncing the storming of the Capitol.[78] Following Schaffer's arrest, Century Media Records removed both Iced Earth and Schaffer's side-project band Demons & Wizards from the roster section of their website and removed both groups' merchandise from their online store, but no official announcement was made that the bands had been dropped from the record label.[79]

January 18[edit]

A 22-year-old woman from Harrisburg, Pennsylvania[80][81] was accused of stealing a laptop from Nancy Pelosi's office, with the intent of selling its contents to the Foreign Intelligence Service of Russia, the country's main spy agency. According to her former partner, the deal did not happen for unnamed reasons, and she may still have the laptop. She has been charged with illegally entering the Capitol and disorderly conduct, but not theft.[82] The FBI is investigating the claims. Pelosi's chief of staff, Drew Hammill, tweeted that "a laptop that was only used for presentations" was taken from a conference room during the Capitol siege.[83] The woman fled her home, telling her mother "she would be gone for a couple of weeks", changed her telephone number, and removed all of her social media accounts.[84] On January 18, she surrendered to authorities in Pennsylvania, facing two misdemeanor charges.[85] In an affidavit updated January 19, she was additionally charged with two felonies. On January 21, she was released from custody to live with her mother while awaiting trial.[86]

January 19[edit]

Three alleged members of Oath Keepers were indicted for conspiracy for planning their activities. Eight to ten members of the group entered the Capitol wearing paramilitary gear and moving "in an organized and practiced fashion", according to the indictment. The group communicated with portable devices, with one member allegedly receiving a Facebook message reading "All members are in the tunnels under capital seal them in. Turn on gas." That same person allegedly received directions in navigating the Capitol, including "Tom all legislators are down in the Tunnels 3floors down" and "Go through back house chamber doors facing N left down hallway down steps." One alleged participant radioed to others, "We have a good group. We have about 30-40 of us. We are sticking together and sticking to the plan."[87][88][89]

January 24[edit]

In a court filing, federal prosecutors asserted that evidence showed a Nashville man engaged in "obstructing Congress, interstate travel in furtherance of rioting activity, sedition and other offenses." The man had been photographed in the Senate gallery with white plastic handcuffs and a Taser. Federal judge Beryl Howell reversed a previous lower court decision that granted conditional release and ordered him to be transferred to Washington for further hearings.[90]

January 25[edit]

Brandon Straka, a 45-year-old man who was the founder of the WalkAway campaign, was arrested in Omaha, Nebraska by the FBI and faces three charges in connection with the Capitol storming.[91] The FBI was sent multiple screenshots from his Twitter account, which both endorsed the storming and described his involvement with it, including a video in which he encouraged other rioters to take a shield from a police officer.[91]

January 29[edit]

Two members of Proud Boys were indicted on federal conspiracy and other charges.[92][93] Additionally, the FBI arrested two women in Pennsylvania. One of the women, Dawn Bancroft, made threats to shoot House Speaker Pelosi.[94]

February 25[edit]

Actor Luke Coffee, who had appeared on such TV series as Friday Night Lights and Las Vegas,[95] was taken into custody in Dallas[96] on charges that include allegedly assaulting police officers with a crutch.[97] The delay in his apprehension was due to him hiding out for six weeks at a luxury resort in the Texas Hill Country whose owner was sympathetic to the rioters and described them on social media as being victims of a media smear campaign.[98]

March 5[edit]

A former U.S. State Department official, who had been appointed during the Trump administration, was arrested and charged in federal court with six counts of assault, unlawfully entering the Capitol grounds, and obstruction of law enforcement and Congress. This made him the first known Trump administration official to be tried in relation to the events of January 6. According to his arrest affidavit, the suspect allegedly fought a line of police officers and used a police-issued riot shield to wedge an entrance open for other rioters.[99]

March 6[edit]

A 36-year-old member of Oath Keepers from Hackettstown, New Jersey who acted as a bodyguard to Roger Stone the morning of the insurrection was charged with Obstruction of Congress and Unlawful Entry and arrested by the FBI.[100] A 32-year-old Montana man who traveled to and was deported from Kenya after the insurrection was arrested for shoving a metal barricade into multiple police officers at the capitol.[101]

March 14[edit]

Two men were arrested and charged with nine counts that include assault with a deadly weapon against a D.C. Metropolitan Police officer and two U.S. Capitol Police officers, including Brian Sicknick.[102] Court records show that the men, who had grown up together in New Jersey[103] allegedly worked together to spray the officers with a toxic chemical that temporarily blinded them.[104]

March 19[edit]

A 31-year old man from Moorhead, Minnesota, was arrested by FBI special agents on criminal charges relating to acts at the U.S. Capitol Building on January 6, 2021.[105] FBI agents had received a tip from people that had viewed the man's entries on the Facebook website, which had photos, statements, and videos of him in Washington, D.C., on January 6 and inside the Capitol Rotunda during the riots.[106]

March 26[edit]

A 35-year-old man was taken into custody without incident at his home in Carrollton, Texas, becoming the 20th person arrested by the FBI's Dallas field office in connection with the incident at the Capitol.[107] Court documents show the man, wearing a "Make America Great Again" hat, was seen on video handling riot gear that had been stolen from police and verbally instructing others to continue dispersing them.[108] He is also accused of lighting and throwing a firecracker at police.[109]

April 8[edit]

A 39-year old woman from Rochester, Minnesota, made her first federal court appearance for charges related to her participation in the events on January 6, 2021, at the U.S. Capitol Building. According to the arrest warrant, the woman entered the Capitol building, participated in disorderly conduct, knowingly remained inside building without permission, and impeded law enforcement duties. The woman was the second person from the U.S. state of Minnesota to be charged in connection to the incident. Investigators cited surveillance video evidence of her and posts she had made on Facebook about her participation.[110]

April 9[edit]

A 26-year old man from Lindstrom, Minnesota, was taken into federal custody on "charges relating to criminal acts at the U.S. Capitol," becoming the third person from the U.S. state of Minnesota to be charged in connection to events of January 6, 2021. He faced several charges for disorderly content and for entering a restricted building. Authorities were able to identify the man after receiving an anonymous tip about videos he posted of himself inside the Capitol to social media websites TikTok, Snapchat, and Twitter.[111]

April 21[edit]

A husband and wife from Forestburg, Texas, were arrested by the Dallas office of the FBI on charges that include the assault of multiple police officers during the January 6 riot.[112] Body camera footage from the police show that the couple were both wearing Trump campaign hats[113] and the FBI report said the husband had posted a message to Facebook on the day of the incident that referenced the rioters "taking back our house" and concluded with the refrain of "Make America Great Again".[114]

May 13[edit]

An active-duty major with the U.S. Marine Corps was arrested and charged in federal court with "assaulting, resisting or impeding officers, obstruction of law enforcement, and obstruction of justice". This made him the first active-duty service member to be charged in relation to the events of January 6. According to the Justice Department, the suspect allegedly pushed through a line of police officers guarding the Capitol's East Rotunda doors, held them open for others to enter the building, and later pushed a Capitol police officer who attempted to close them.[115]

Referrals to other prosecutors[edit]

Trump has worried about being potentially charged by the DC attorney general or the US Attorney for DC.

See also[edit]

References[edit]

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External links[edit]


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