Capitol
Capitol rioters' social media posts influencing sentencings
For many rioters who stormed the U.S. Capitol on Jan. 6, self-incriminating messages, photos and videos that they broadcast on social media before, during and after the insurrection are influencing even their criminal sentences.Earlier this month, U.S. District Judge Amy Jackson read aloud some of Russell Peterson’s posts about the riot before she sentenced the Pennsylvania man to 30 days imprisonment. “Overall I had fun lol,” Peterson posted on Facebook.The judge told Peterson that his posts made it “extraordinarily difficult” for her to show him leniency.“The ’lol’ particularly stuck in my craw because, as I hope you’ve come to understand, nothing about January 6th was funny,” Jackson added. “No one locked in a room, cowering under a table for hours, was laughing.”Among the biggest takeaways so far from the Justice Department's prosecution of the insurrection is how large a role social media has played, with much of the most damning evidence coming from rioters' own words and videos.
READ: Amid the Capitol riot, Facebook faced its own insurrection
FBI agents have identified scores of rioters from public posts and records subpoenaed from social media platforms. Prosecutors use the posts to build cases. Judge now are citing defendants' words and images as factors weighing in favor of tougher sentences.As of Friday, more than 50 people have been sentenced for federal crimes related to the insurrection. In at least 28 of those cases, prosecutors factored a defendant’s social media posts into their requests for stricter sentences, according to an Associated Press review of court records.Many rioters used social media to celebrate the violence or spew hateful rhetoric. Others used it to spread misinformation, promote baseless conspiracy theories or play down their actions. Prosecutors also have accused a few defendants of trying to destroy evidence by deleting posts.Approximately 700 people have been charged with federal crimes related to the riot. About 150 of them have pleaded guilty. More than 20 defendants have been sentenced to jail or prison terms or to time already served behind bars. Over a dozen others received home confinement sentences.Rioters’ statements, in person or on social media, aren’t the only consideration for prosecutors or judges. Justice Department sentencing memos say defendants also should be judged by whether they engaged in any violence or damaged property, whether they destroyed evidence, how long they spent inside the Capitol, where they went inside the building and whether they have shown sincere remorse.Prosecutors recommended probation for Indiana hair salon owner Dona Sue Bissey, but Judge Tanya Chutkan sentenced her to two weeks in jail for her participation in the riot. The judge noted that Bisssey posted a screenshot of a Twitter post that read, “This is the First time the U.S. Capitol had been breached since it was attacked by the British in 1814.”“When Ms. Bissey got home, she was not struck with remorse or regret for what she had done,” Chutkan said. “She is celebrating and bragging about her participation in what amounted to an attempted overthrow of the government.”FBI agents obtained a search warrant for Andrew Ryan Bennett's Facebook account after getting a tip that the Maryland man live-streamed video from inside the Capitol. Two days before the riot, Bennett posted a Facebook message that said, “You better be ready chaos is coming and I will be in DC on 1/6/2021 fighting for my freedom!.”Judge James Boasberg singled out that post as an “aggravating” factor weighing in favor of house arrest instead of a fully probationary sentence.“The cornerstone of our democratic republic is the peaceful transfer of power after elections,” the judge told Bennett. “What you and others did on January 6th was nothing less than an attempt to undermine that system of government.”Senior Judge Reggie Walton noted that Lori Ann Vinson publicly expressed pride in her actions at the Capitol during television news interviews and on Facebook.“I understand that sometimes emotions get in the way and people do and say stupid things, because it was ridiculous what was said. But does that justify me giving a prison sentence or a jail sentence? That’s a hard question for me to ask,” Walton said.Prosecutors asked for a one-month jail sentence for Vinson, but the judge sentenced the Kentucky nurse to five years of probation and ordered her to pay a $5,000 fine and perform 120 hours of community service.In the case of Felipe Marquez, the judge found social media posts belied serious mental health issues that needed treatment rather than incarceration. Marquez recorded cellphone videos of himself with other rioters inside the office of Sen. Jeff Merkley, D-Ore. Back at home in Florida, Marquez posted a YouTube video in which he rapped about his riot experience to the tune of Shaggy’s “It Wasn’t Me.” with lyrics that included, “We even fist-bumped police,” and “We were taking selfies.”In the video, Marquez wore a T-shirt that said, “Property of FBI.”Prosecutors had recommended a four-month jail sentence, but U.S. District Judge Rudolph Contreras sentenced him instead to three months of home confinement with mental-health treatment, followed by probation. “I do think you have some serious issues you need to address. That played a large role in my sentencing decision," he said.Judge Jackson gave Andrew Wrigley a history lesson before she sentenced the Pennsylvania man to 18 months of probation. Wrigley posted a photo on social media of him holding a 1776 flag during the riot. The judge said the gesture didn’t honor the nation’s founders.“The point of 1776 was to let the people decide who would rule them. But the point of the attack on the Capitol was to stop that from happening," Jackson said. "The point of the attack on the Capitol was to subvert democracy, to substitute the will of the people with the will of the mob.”Videos captured New Jersey gym owner Scott Fairlamb punching a police officer outside the Capitol. His Facebook and Instagram posts showed he was prepared to commit violence in Washington, D.C., and had no remorse for his actions, prosecutors said.Senior Judge Royce Lamberth said other rioters in Fairlamb's position would be “well advised” to join him in pleading guilty.
READ: Ex-Facebook manager alleges social network fed Capitol riot
“You couldn’t have beat this if you went to trial on the evidence that I saw,” Lamberth said before sentencing Fairlamb to 41 months in prison.But it worked to the advantage of one. Virginia charter boat captain Jacob Hiles likely avoided a stricter sentence by posting videos and photos of him and his cousin at the Capitol. A day after the riot, Hiles received a private Facebook message from a Capitol police officer who said he agreed with Hiles’ “political stance” and encouraged him to delete his incriminating posts, according to prosecutors.The officer, Michael Angelo Riley, deleted his communications with Hiles, but investigators recovered the messages from Hiles’ Facebook account, prosecutors said. Riley was indicted in October on obstruction charges.On Monday, Jackson sentenced Hiles to two years of probation. Prosecutors said the case against Riley may have been impossible without Hiles' cooperation.
2 years ago
Fierce Capitol attacks on police in newly released videos
Videos released under court order provide a chilling new look at the chaos at the U.S. Capitol on Jan. 6, including body camera footage that shows a man charging at a police officer with a flagpole and tackling him to the ground.
Federal judges ordered the release of the videos after media organizations, including The Associated Press, went to court to request that the Department of Justice provide access. The videos are being presented as evidence in prosecutors’ cases against three men charged with assaulting police.
The new videos show a Marine Corps veteran and former New York City police officer wielding a flagpole as he attacks police, as well as rioters crushing another officer into a door as he screams in pain. Still another video shows a New Jersey man punching an officer in the head.
The release comes at a time when Republican lawmakers in Washington increasingly try to downplay the siege, portraying the breach of the Capitol as a mostly peaceful protest despite the shocking violence that unfolded.
Supporters of former President Donald Trump fought past police lines to storm the building and interrupt the certification of President Joe Biden’s election win over Trump.
The Justice Department has brought hundreds of criminal cases against the rioters. This week, a man linked to the antigovernment Three Percenters extremist movement was indicted on a new charge that he brought a semi-automatic handgun with him to the Capitol.
READ: Watchdog lays bare Capitol Police’s riot security failures
Body camera video released in the case against former New York City policeman Thomas Webster shows the man holding a flagpole and shouting profanities at officers standing behind a metal barricade. Webster pushes the barricade and swings toward an officer with the flagpole. There’s a violent scuffle, the officer manages to take the flagpole away from the man, and Webster appears to tackle the officer to the ground.
Other images in court documents show Webster pinning the officer to the ground and grabbing at his face.
Webster’s lawyer wrote in court documents seeking his release from jail while he awaits trial that his client got upset when he saw police using pepper spray on the crowd. The lawyer, James Monroe, wrote that “as a former U.S. Marine and a member of law enforcement, defendant’s moral instinct was to protect the innocent.”
Monroe said the officer provoked Webster by reaching across the barrier and punching him. The lawyer says Webster never actually struck the officer with the flagpole.
Other footage released in the case against Patrick McCaughey III, a Connecticut man charged with assault, show police wearing helmets and face shields gathered in a Capitol doorway as the crowd pushes aggressively forward and shouts at them.
The Justice Department has brought hundreds of criminal cases against the rioters. This week, a man linked to the antigovernment Three Percenters extremist movement was indicted on a new charge that he brought a semi-automatic handgun with him to the Capitol.
Body camera video released in the case against former New York City policeman Thomas Webster shows the man holding a flagpole and shouting profanities at officers standing behind a metal barricade. Webster pushes the barricade and swings toward an officer with the flagpole. There’s a violent scuffle, the officer manages to take the flagpole away from the man, and Webster appears to tackle the officer to the ground.
Other images in court documents show Webster pinning the officer to the ground and grabbing at his face.
Webster’s lawyer wrote in court documents seeking his release from jail while he awaits trial that his client got upset when he saw police using pepper spray on the crowd. The lawyer, James Monroe, wrote that “as a former U.S. Marine and a member of law enforcement, defendant’s moral instinct was to protect the innocent.”
Monroe said the officer provoked Webster by reaching across the barrier and punching him. The lawyer says Webster never actually struck the officer with the flagpole.
Other footage released in the case against Patrick McCaughey III, a Connecticut man charged with assault, show police wearing helmets and face shields gathered in a Capitol doorway as the crowd pushes aggressively forward and shouts at them.
READ: Latest attack pushes US Capitol Police further toward crisis
At one point, Daniel Hodges of Washington’s Metropolitan Police Department gets pinned against a door and a rioter rips off his mask. The mob shouts “heave ho” as it pushes forward. Hodges, whose mouth appears bloody, cries out as he’s crushed between a riot shield and the door. McCaughey at one point points to Hodges and says “he’s hurt,” seemingly trying to alert the other officers. Hodges has recovered from his injuries.
An email seeking comment was sent to an attorney for McCaughey.
Democrats used the video of Hodges, which had been previously obtained by some media outlets, in their impeachment case against Trump accusing him of inciting the insurrection. The House impeached him — the second of his presidency — a week after the riot for telling his supporters that morning to “fight like hell” to overturn his defeat. The Senate acquitted him weeks later.
Footage released in a third case shows a man identified as Scott Fairlamb and others yelling at police as the officers walk through the crowd outside the Capitol. Fairlamb then shoves an officer and punches at his head, hitting his face shield. An email seeking comment was sent to Fairlamb’s attorney.
Court documents filed this week also show another man, Guy Reffitt of Texas, has been indicted on new charges that he brought a rifle and handgun to Washington and carried the handgun onto Capitol grounds. He was arrested in January and previously pleaded not guilty to charges including obstruction of an official proceeding.
Reffitt’s wife told authorities he’s a member of a Three Percenters group, according to court documents. Prosecutors say Reffitt led a group of rioters up the Capitol steps and was stopped only after officers used pepper balls, impact projectiles and pepper spray.
An email seeking comment was sent to Reffitt’s attorney on Friday.
More than 480 people are facing federal charges in the riot. Four have pleaded guilty so far, including a member of the Oath Keepers extremist group who has agreed to cooperate with investigators.
A 49-year-old Indiana grandmother is expected next week to become the first Jan. 6 person to be sentenced. Anna Morgan Lloyd is pleading guilty to a misdemeanor charge for entering the Capitol. Prosecutors are asking for a sentence of probation with community service and $500 in restitution.
After the riot, Morgan Lloyd described it on Facebook as the “most exciting day of my life,” according to prosecutors. She wrote in a letter to the judge filed in court that she didn’t see any violence at the Capitol and was “shocked” when she returned to her hotel and saw the news coverage.
“At first it didn’t dawn on me, but later I realized that if every person like me, who wasn’t violent, was removed from that crowd, the ones who were violent may have lost the nerve to do what they did. For that I am sorry and take responsibility,” she wrote.
The powerful video footage was made public as Senate Republicans have blocked a bipartisan inquiry into the insurrection and as an increasing number of House Republicans have defended the rioters and played down the violence of the day.
At a House Oversight and Reform hearing Tuesday, several Republicans questioned Democrats’ efforts to examine the attack and said they should instead be focused on issues like border security or COVID-19 restrictions.
Wisconsin Rep. Glenn Grothman grilled FBI Director Christopher Wray on whether some of those who were arrested for illegally entering the Capitol were in fact innocent. Arizona Rep. Paul Gosar repeated his arguments that a Trump supporter who was shot and killed by police while breaking into the House chamber, Ashli Babbitt, was “executed.”
At a hearing last month, GOP Rep. Andrew Clyde of Georgia said one video feed of the rioters looked like they were on a “normal tourist visit.”
Also Tuesday, 21 House Republicans voted against giving congressional medals of honor to Capitol Police and Metropolitan Police to thank them for their service that day. Dozens of those officers suffered injuries, including chemical burns, brain injuries and broken bones as the rioters overran them and broke into the building.
3 years ago
Man rams car into 2 Capitol police; 1 officer, driver killed
A Capitol Police officer was killed Friday after a man rammed a car into two officers at a barricade outside the U.S. Capitol and then emerged wielding a knife. It was the second line-of-duty death this year for a department still struggling to heal from the Jan. 6 insurrection.
Video shows the driver of the crashed car emerging with a knife in his hand and starting to run at the pair of officers, Capitol Police Acting Chief Yogananda Pittman told reporters. Authorities shot the suspect, who died at a hospital.
“I just ask that the public continue to keep U.S. Capitol Police and their families in your prayers," Pittman said. "This has been an extremely difficult time for U.S. Capitol Police after the events of Jan. 6 and now the events that have occurred here today.”
Police identified the slain officer as William “Billy” Evans, an 18-year veteran who was a member of the department's first responders unit.
Two law enforcement officials told The Associated Press that investigators initially believed the suspect stabbed one of the officers, but it was later unclear whether the knife actually made contact, in part because the vehicle struck the officers with such force. The officials were not authorized to publicly discuss the investigation and spoke on condition of anonymity.
Also read: Capitol police were overrun, little defense against rioters
Authorities said there wasn't an ongoing threat, though the Capitol was put on lockdown for a time as a precaution. There was also no immediate connection apparent between Friday's crash and the Jan. 6 riot.
Law enforcement officials identified the suspect as 25-year-old Noah Green. Investigators were digging into his background and examining whether he had any mental health history as they tried to discern a motive. They were also working to obtain warrants to access his online accounts.
Pittman said the suspect did not appear to have been on the police’s radar. But the attack underscored that the building and campus — and the officers charged with protecting them — remain potential targets for violence.
Green described himself as a follower of the Nation of Islam and its founder, Louis Farrakhan, and spoke of going through a difficult time where he leaned on his faith, according to recent messages posted online that have since been taken down. The messages were captured by the group SITE, which tracks online activity.
Also read: Capitol Police says officer dies after riots
“To be honest these past few years have been tough, and these past few months have been tougher,” he wrote. “I have been tried with some of the biggest, unimaginable tests in my life. I am currently now unemployed after I left my job partly due to afflictions, but ultimately, in search of a spiritual journey.”
President Joe Biden said in a statement that he and his wife were heartbroken to learn of the attack and expressed condolences to Evans' family. He directed flags at the White House to be lowered to half staff.
The crash and shooting happened at a security checkpoint near the Capitol typically used by senators and staff on weekdays, though most were away from the building for the current recess. The attack occurred about 100 yards (91 meters) from the entrance of the building on the Senate side of the Capitol. One witness, the Rev. Patrick Mahoney, said he was finishing a Good Friday service nearby when he heard three shots ring out.
The Washington region remains on edge nearly three months after a mob of insurrectionists loyal to former President Donald Trump stormed the Capitol as Congress was voting to certify Biden’s presidential win.
Also read: Capitol Police rejected offers of federal help to quell mob
Five people died in the Jan. 6 riot, including Capitol Police officer Brian Sicknick, who was among a badly outnumbered force trying to fight off the intruders seeking to overturn the election. Authorities installed a tall perimeter fence around the Capitol and for months restricted traffic along the roads closest to the building, but they had begun pulling back some of the emergency measures. Fencing that prevented vehicular traffic near that area was only recently removed.
Evans was the seventh Capitol Police member to die in the line of duty in the department's history, according to the Officer Down Memorial Page, which tracks deaths of law enforcement. In addition, two officers, one from Capitol Police and another from Washington's Metropolitan Police Department, died by suicide following the Jan. 6 attack.
Almost 140 Capitol Police officers were wounded in that attack, including officers not issued helmets who sustained head injuries and one with cracked ribs, according to the officers' union. It took hours for the National Guard to arrive, a delay that has driven months of finger-pointing between that day's key decision makers.
Capitol Police and National Guard troops were called upon soon afterward to secure the Capitol during Biden's inauguration and faced another potential threat in early March linked to conspiracy theories falsely claiming Trump would retake the presidency.
“Today, once again, these heroes risked their lives to protect our Capitol and our country, with the same extraordinary selflessness and spirit of service seen on January 6,” House Speaker Nancy Pelosi said in a statement. “On behalf of the entire House, we are profoundly grateful.”
The U.S. Capitol complex was placed on lockdown for a time after Friday's shooting, and staffers were told they could not enter or exit buildings. Video showed Guard troops mobilizing near the area of the crash.
Video posted online showed a dark colored sedan crashed against a vehicle barrier and a police K-9 dog inspecting the vehicle. Law enforcement and paramedics could be seen caring for at least one unidentified individual.
3 years ago
In first days, Biden flashes action as deep problems loom
Inside the White House, President Joe Biden presided over a focused launch of his administration, using his first days in office to break sharply with his predecessor while signing executive orders meant as a showy display of action to address the historic challenges he inherited.
3 years ago
Feds back away from claim of assassination plot at Capitol
Federal prosecutors who initially said there was “strong evidence” the pro-Trump mob that stormed the U.S. Capitol last week aimed to “capture and assassinate elected officials” backed away from the allegation after the head of the investigation cautioned Friday that the probe is still in its early stages and there was no “direct evidence” of such intentions.
3 years ago
Trump to leave Washington on morning of Biden’s inauguration
President Donald Trump will leave Washington next Wednesday morning, just before President-elect Joe Biden’s inauguration, to begin his post-presidential life in Florida.
3 years ago
Capitol police were overrun, little defense against rioters
Despite ample warnings about pro-Trump demonstrations in Washington, U.S. Capitol Police did not bolster staffing on Wednesday and made no preparations for the possibility that the planned protests could escalate into massive violent riots, according to several people briefed on law enforcement’s response.
3 years ago
Pro-Trump mob storms US Capitol; 4 killed
Four people died as supporters of President Donald Trump violently occupied the U.S. Capitol.
3 years ago