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I am listening in on the arraignment of dozens of people who were arrested at the pro-Trump riots and protests at the Capitol yesterday. Will tweet what I find out.
The first person arraigned in connection with yesterday's riots is Michael Amos from FL. Charges: Unlawful entry to the capitol building & violation of curfew. The Judge says he disobeyed Capitol Police & Metropolitan Police Dept. He is released pending trial, but banned from DC.
He was held overnight. He said his phone is dead, and that he's staying in a hotel outside of the DC area and that he has to drive through DC to go home to Florida. The government agrees to allow him to drive through the city if he doesn't get out of the car. He has no priors.
During this arraignment Metro Police released a list of all those arrested yesterday in connection with the riots/break into the capitol building, as well as the charges. Not all of them will be arraigned today: https://mpdc.dc.gov/sites/default/files/dc/sites/mpdc/publication/attachments/Unrest-Related%20Arrest%20Data%20as%20of%20January%207%202021.pdf
Next is David Ross from MA, also charged w curfew violation, unlawful entry to the capitol. They read him his standard rights and ask him if he understands his rights. He responds, "Uh, kinda?" They clarify them and he pleads not guilty. Judge orders him to stay out of DC.
He also says he doesn't understand the charges: "Where was I entering?" They said his lawyer will follow up.
Next is Victoria Bergeson, 40, from CT, unlawful entry & curfew violation. Same pattern for each person: Gov requests barring them from DC, defense pleads not guilty, says DC ban is over-broad and requests they just be barred from the capitol building, judge bars them from DC.
The first DC resident: Nazeer Qaim, 29, unlawful entry & curfew also. He is banned from capitol grounds and any streets containing congressional buildings. They give him a map of the banned areas, but say he's allowed to take the metro through them if he doesn't get out.
Everyone is being temporarily released with stay away restrictions, they are all given virtual court hearing dates for the future during which penalties / sentences will be decided, or dismissed. If they don't show up, they could get jail time.
Press on the call are being admonished by the court for taking screenshots of the rioters being arraigned and posting them on Twitter. "If anyone is in violation of that order that person will be promptly ejected and will be referred for action"
I want to be VERY CLEAR. Everyone here is being temporarily released until their trial happens. They have *not been sentenced*, so we do not know if they are getting "a slap on the wrist" or if they are getting more severe penalties. Most of their next court dates are in June.
Someone who only speaks Russian and has a Russian interpreter is currently being arraigned for unlawful entry and curfew violation, same as the other rioters, though she said that she doesn't understand b/c she "didn't enter anything." I did not catch her name but she lives in OR
Timothy Wolfe was charged with "Carrying a Pistol Without a License (Outside Home or Place of Business) 2015, Possession of a Large Capacity Ammunition Feeding Device (and), Possession of Unregistered Ammunition" according. He was also released and barred from DC pending trial.
Correction: The woman who needed a Russian translator was Yevgemya Malimon, 54, who was arrested with her daughter Kristina Malimon, 28. A previous tweet incorrectly stated that Kristina needed the translator, I only heard the last name.
Yevgemya Malimon was released and allowed to return to OR pending her trail. She was banned from DC. Her daughter, Kristina Malimon, who was also arrested yesterday, seems to be the vice chairwoman of Young Republicans Oregon: http://youngrepublicansoforegon.org/about
I will also note that the Metro Police likely wrote her name incorrectly on the wrap sheet. Based on public records, her name is Yevgeniya Malimon, not Yevgemya Malimon.
There is now a man been arraigned who cannot hear well and keeps saying that he did not know there was a curfew, "the police didn't tell us there was a curfew! The police are lying!" He keeps trying to speak and they keep telling him to stop speaking, he keeps saying he cant hear
John Parker, unlawful entry, screams "I never unlawfully entered property." They read him his rights ("anything you say can be held against you"). He says "I'm surprised you read me my rights b/c they haven't been read yet ... I was asleep in my car and they wrapped me up"
He also seems to not be able to hear well (they are tuning in virtually from holding). He keeps saying "I don't understand them!" The court makes sure he has his lawyer's number to help clarify.
I missed a few people as this is happening very fast and I had to step away for a moment, but there will be a sheet when the arraignment hearings are done with all the information so I will draw from that afterwards.
Kristina Malimon, the vice president of the OR Young Republicans who has been pictured with Roger Stone and Candace Owens, among other major pro-Trump figures, was just arraigned. She was barred from DC, but said she wants to contest that. More here: https://www.buzzfeednews.com/article/juliareinstein/trump-boat-parade-organizer-kristina-malimon-arrested
*vice chairwoman. It's been a long two days guys.
Another man from Georgia, charged with violating the curfew and disobeying police orders to return to his hotel, was arrested and found to have brass knuckles on him. He is also being released until his trial and barred from returning to DC.
A man who lives 30 mins outside of DC in Maryland is charged with hitting an officer with a "hockey or lacrosse stick" the attorney for the gov said, while officers were trying to maintain peace. He has been released while waiting his trial, and banned from DC.
One man from VA who was charged with curfew violation and unlawful entry was barred from DC, but he said he was a federal employee. They upheld the ban.
Another is charged with bringing a pistol and ammunition without a license onto the capitol grounds and participated in the unrest, gov lawyer said. He was also released and barred from DC.
And that's all from me for tonight! My colleague @SalHernandez is taking over, so follow him for more arraignment fun.
Ok it actually ended right when I passed it off, but to answer a Q, they are barred from DC until at least their next court date (not forever, probably), eventually they will get official sentences/penalties or their cases will be dismissed.
Day 2! Here are some more people charged (this is from Dept of Justice, not arraignments). All of these have been charged with federal crimes, some have been arrested, but most still have warrants out:
Richard Barnett, 60, Arkansas (the guy w his feet up on Pelosi's desk) charged w unlawful & violent entry, disorderly conduct, and theft of public property. He told NYT he wrote Pelosi her a "nasty note" and left a quarter on her desk and took an envelope. https://www.buzzfeednews.com/article/salvadorhernandez/pelosi-desk-guy-capitol-charged
Lonnie Coffman, AL, was arrested after identifying his car to officers, who, unbeknownst to him, had already searched it. It allegedly contained 11 Molotov cocktails w/ homemade napalm, 2 handguns, and an M4 assault rifle. @SalHernandez w the deets: https://www.buzzfeednews.com/article/salvadorhernandez/pelosi-desk-guy-capitol-charged
Mark Leffingwell, who is being held, was charged w/ unlawful & violent entry, assault on a federal law enforcement officer, & disorderly conduct. DOJ says he allegedly entered the Capitol and when stopped by law enforcement, punched an officer in the helmet and chest.
Christopher Alberts, MD, was charged w/ "carrying or having readily accessible", on the grounds of the Capitol, a Taurus G2C, 9mm handgun and 9mm caliber ammunition. The defendant appeared in district court and was released. He has a preliminary hearing scheduled for late Jan.
Matthew Council, FL (a lot of FL among those arrested), charged w/ unlawful entry, violent entry, and disorderly conduct on Capitol grounds. DOJ says he allegedly pushed a police officer who tried to stop him from entering the Capitol. No mention of his arrest yet from DOJ.
Cindy Fitchett, VA, was charged w/ knowingly & unlawfully entry, "or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds" (that's a new one!). No arrest mentioned.
Michael Curzio, FL, Douglas Sweet, FL, Bradley Ruskelas, IL, Terry Brown, PA, Thomas Gallagher, all charged w violent entry, knowing unlawful entry "or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds."
No mention of guns or ammo for those last 5 people, & no mention of arrest. In the call, and FBI ADIC, Steven D'antuono said today: Even "if you’ve left the DC region you can still expect a knock on the door if we find out you were a part of the activity at the DC capitol."
And that's it for today, they have charged 15 people with federal crimes so far and released the names of 13 today. Some of the people they didn't mention arrests for have been arrested I believe (there's pictures of it and reporting on it and stuff), DOJ just didn't say!
Today Acting U.S. Attorney Michael Sherwin said that his agency wanted to charge people quickly & slapped many with trespassing/disorderly conduct charges (for example), but many of those could expect more severe charges & felonies, potentially including conspiracy and sedition
So far, 70+ people have been charged in connection with the Jan 6 insurrection, and 170 files have been opened in connection to it. DOJ, FBI, and other agencies are interviewing thousands of witnesses and hundreds of thousands of pieces of "digital media", officials say.
New from me on the presser: The Department of Justice has created a “strike force” to look into charging some of those involved in last week’s invasion of the US capitol with felony charges of sedition and conspiracy. https://www.buzzfeednews.com/article/emaoconnor/capitol-riots-sedition-conspiracy-crimes
Listening in on more hearings: The 1st is Kevin Loftus, WI, arrested for participating in the riots at the Capitol, charged w Class A misdemeanor. Judge decreed he is released on the condition that he does not return to DC, doesn't drink or do drugs, and doesn't break any laws.
They assigned him a defense attorney after asking him his income. He makes less than $75k a year and has about $100 in the bank, he said. The judge said the most valuable conditions of release is he stays away from DC and doesn't commit a federal, state, or local crime.
The phone lines and internet seem to be down in one of the legal offices dialing into this hearing for the next person arrested in the Capitol riots, so there has just been a long series of silences.
Loftus completed some years of college, he said, and is clearly young. It does not say on his docket, but he may be under 21, hence the no drinking condition of release. They also said he can't drink and drive. He was one of 7 charged in Fed Court on 1/13: https://www.justice.gov/usao-dc/pr/seven-charged-federal-court-following-events-united-capitol
Listening in on more hearings today for those arrested in connection w the Jan 6 insurrection, this time in US District Court of DC. First up is Thomas Baranyi, 28, from NJ. He went into the capitol and was next to the woman who was shot, he told local TV News day of.
He told the news "we blitzed our way in through all the chambers just trying to get into Congress or whoever we could get in to and tell them that we need some kind
of investigation.” Affidavit here: https://www.justice.gov/opa/page/file/1355731/download
of investigation.” Affidavit here: https://www.justice.gov/opa/page/file/1355731/download
A lawyer for the US gov said in today's hearing that Baranyi spent 2 years abroad in the Peace Corps, and is a potential flight risk. He has been released pending trial but has to stay in NJ and is banned from DC. His next hearing is Feb 3.
Next up is Matthew Council, FL, 49. Police Statement says Council joined others in forcibly opening an emergency door to the capitol. He then pushed a uniformed Capitol Police Officer. While in custody, he "spontaneously expressed remorse about pushing the officer."
Council is released but has to stay in FL, and he has to submit to substance abuse testing and evaluation, and a psychiatric and mental health evaluation, and complete any recommended treatment for both.
He asked if he can keep using medical marijuana, and they said he has to provide a prescription from a medical professional. His next hearing is Feb 11.
Former Texas Mayoral candidate Jenny Cudd, 36, just had her hearing along with Eliel Rosa, 43, who she was arrested with. They livestreamed storming the Capitol saying: “We did break down the Nancy Pelosi’s office door and
somebody stole her gavel." https://www.wric.com/news/politics/former-texas-mayoral-candidate-arrested-in-connection-with-capitol-occupation/
somebody stole her gavel." https://www.wric.com/news/politics/former-texas-mayoral-candidate-arrested-in-connection-with-capitol-occupation/
Cudd and Rosa are released and banned from DC, they have to check in regularly (like everyone else) and have to request the court for travel outside the continental US. Cudd requested to be able to travel to Mexico, but the judge said she had to submit the request in writing.
According to the FBI statement of facts, she said “…fuck yes, I am proud of my actions, I fucking charged the Capitol today with patriots today. Hell, yes I am proud of my actions.” In a separate interview she said she would do it again. Her and Rosa's next hearing is Feb 4.
Next is Hunter Ehmke, 20, from Central California. He broke a window to the Capitol and was charged with 2 felonies: a crime of violence for destruction of gov property over $1k, and obstruction (or attempt) of an official proceeding, which carries a 20 year sentence.
During the hearing the US Gov requested that Ehmke be subject to GPS tracking, because he "kicked out a window" and the "behavior he is capable of." His lawyer against this, but the judge agreed w the gov saying that this case was different than the others he had seen this week.
The judge said that Ehmke has to turn over any guns in his house to the central district of CA, and while he isn't under house arrest or curfew, he has to keep the GPS tracker and not leave the Central District of CA.
The Capitol Police statement of facts has a pretty dramatic description of what Ehmke did: "Officer Fluke shouted out, 'They’re going to break the window' during this time in hopes to bring attention from fellow officers." ...
Officer Fluke looked away as the crowd rushed toward him, when he looked back he saw "Ehmke with a balled fist, pulling his arm back and twisting his upper body. Ehmke then swung forward striking a pane of the window ... Fluke began to run toward Ehmke, [holding] his shield." ...
Fluke shouted, "'Get away from the window' and pushed
the shield forward striking Ehmke in the lower torso and upper leg ... but he remained standing on the ledge." Fluke pushed him again and they both fell to the glass-covered ground. ...
the shield forward striking Ehmke in the lower torso and upper leg ... but he remained standing on the ledge." Fluke pushed him again and they both fell to the glass-covered ground. ...
"While Ehmke lay face-down on the ground, two other
officers ... pulled [his] arms behind his back and detained him with handcuffs." But then the crowd saw the officers and turned on him, the statement says, they began pointing and "shouting obscenities." ...
officers ... pulled [his] arms behind his back and detained him with handcuffs." But then the crowd saw the officers and turned on him, the statement says, they began pointing and "shouting obscenities." ...
One person threatened Fluke, pointed at him, and said "you're not leaving with him" the statement reads. "Due to the growing aggression of the large crowd that far outnumbered the officers and the exigent circumstances at the time," the officers let Ehmke go.
Last up: Robert Bauer, 43, KY & Ed Hemenway II, 48 VA. They're charged w unlawful entry to the capitol. They're released and banned from DC, and Bauer is not allowed to leave his state, but Hemenway is a cross-country truck driver planning, so they're letting him leave his state.
Hemenway & Bauer said in their SOF that after Trump said “something about taking Pennsylvania Avenue” they walked to the Capitol & were swept inside by the crowd. When they got in, Bauer said a police officer police officer shook his hand and said, “It’s your house now.”
More from the statement of fact: "Bauer believed that the policeman was acting out of fear. Hemenway similarly recalled the officer shaking [his] hand. [he] said 'Sorry,' [&] the officer replied, 'It’s your house now, man,' and gave [him] a half-hug." https://assets.documentcloud.org/documents/20456227/1-14-21-us-v-robert-bauer-complaint-statement.pdf
Both Hemenway and Bauer are required to check in regularly with the court, and if they don't they risk receiving more charges. They have their next hearing on Feb 4.
That's it for 1/21! I'm sure there will be more another day. goodnight.
I'm back! Judge Harvey is starting off with Vitali Goss Jankowski, MD, accused of deploying a taser during the Jan 6 storming of the capitol. He required a sign language interpreter, and has been prohibited from possessing "firearms, destructive devices" and specifically a taser.
I have to step away for ONE SECOND and all of a sudden there’s a samurai sword https://twitter.com/ZoeTillman/status/1352706912375209984
Coming back in for Andrew Williams, 32, FL, appearing with his wife. He is a firefighter who recorded videos of himself going into the Capitol, "storming the Capitol" "taking it back." His house has been cleared of all firearms they said.
Williams is on leave from his job as a firefighter, his lawyer said. He will be released, but he also pled not guilty on new charges: disorderly conduct & entering and remaining in a restricted building (the Capitol).
He has to submit to a mental health and substance abuse evals and testing and complete any recommended treatment. Part of the release conditions is that he has to report any contact w law enforcement, but his lawyer said as a firefighter he has to interact w law enforcement.
Klete Keller, 38, Colorado, is next. He's a former Olympic athlete. He will be released on standard conditions (stay away from DC, no illegal firearms or crime committing, check in weekly w the court). Here's our article on him from @ambiej: https://www.buzzfeednews.com/article/amberjamieson/klete-keller-olympian-charged-capitol
Vaughn Gordon, Louisiana, who has a degree in applied sciences, he said in court, is released with all the standard requirements (stay away from DC, no illegal firearms or crime committing, check in weekly w the court). He was arrested after posting selfies and giving interviews:
William Pepe, a Metro North worker in NY, was arrested after the FBI found mirror pics he took in the capitol during the insurrection. He was suspended by the MTA for calling out sick to go storm the Capitol. SDNY has put him on GPS monitoring. https://www.nbcnewyork.com/news/local/mta-suspends-metro-north-worker-for-calling-out-sick-to-attend-capitol-riot/2820726/
Judge Harvey asked why the attorney for the government wants to keep Pepe on GPS monitoring when no one else with similar charges has it — "What am I missing here?" — and the gov said Pepe is part of an ongoing investigation the gov cannot speak to right now.
Harvey rejects the GPS request and releases Pepe on the standard condition — stay away from DC, weekly check ins with the court, no leaving his district without informing the court — unless the gov comes up with more info in the future.
At it again! Starting with Blake Austin Reed, 35, TN, arrested after he outed himself on Facebook and Pinterest for storming the capitol. He currently has an ankle monitor, his lawyer said in court. From the FBI file:
They're removing the GPS device. Magistrate Judge Faruqui orders released w "standard conditions": staying away from DC, alerting court about any out of state travel, and no possession of any firearms or explosive devices. W/ judge Harvey the condition is only no illegal firearms
Next is Christopher Raphael Spencer, 40, NC. He was arrested after being IDed in a video of him in the Capitol asking where Pelosi's office is and saying "Wooh! We in this motherfucker!" the FBI doc says. He is released pending his next hearing and told to surrender any firearms
On Deck is Riley June Williams, a 22 y/o PA woman accused of stealing a laptop or hard drive from Pelosi's office and trying to sell it to a friend in Russia. FBI file says an ex of hers tipped them off and that Williams tried to flee before her arrest:
Williams is charged with 2 felonies, including theft of gov property in excess of 6k, an "aiding and abetting theory," the gov lawyer said, obstruction, and the standard misdemeanors all those who entered the Capitol are charged with.
Williams is currently under house arrest with an ankle bracelet under the watch of her mother, the government is asking that she stays under house arrest, is banned from using any internet, computers, or smart phones (though she can use a flip phone), & a mental health assessment
The government said they are concerned that Williams has used the computer and the internet to "destroy evidence and encourage other people to do the same." They asked that PA pretrial services search her home, car, and workplace for any internet connected devices.
Judge Faruqui said that in the cases of many of those who stormed the Capitol, social media & the internet "is what is driving them to make poor decisions, the poisonous discourse online," but "there's a fine line between paternalism and appropriate conditions of release"
Williams' attorney, Kramer, said he opposed the mental health assessment and Williams is clearly competent. The gov attorney responded that she wants Williams to undergo a mental health assessment b/c of her "own personal interest in the defendant's safety to be personally frank"
Then the judge and lawyers went into a breakout room to discuss the condition of Williams' release. They just returned and Judge Faruqui said he was surprised the Gov wasn't asking for her to be detained given the "extremely troubling" allegations against her.
Gov just elaborated on the new allegations against Williams: "We were aware she was deleting her own online accts and possibly switching devices" — it was in the FBI file that she changed her # — "We have indications she was instructing other people to delete messages as well."
The request that Williams be banned from all computers and internet apparently took Williams' lawyer and the judge by surprise (though all her devices were confiscated upon her arrest), and her lawyer had another hearing to go to, so they are reconvening tomorrow morning.
Judge Harvey is hearing Rasha Abual-Graheb, 40, a New Jersey woman who requested mental health treatment when she was arrested. Harvey said he's not sure whether NJ or DC should pay for her mental health assessment/treatment. They released her on condition she maintain her meds.
Baked Alaska (Anthime Gionet) is being released with GPS monitoring bc, before going to DC & livestreaming the insurrection, he had already violated condition of release after being arrested for another offense and banned from traveling out of his home state of AZ. From FBI file:
In the hearing for Dana Winn & Rachael Pert (couple who partook in the insurrection) the Gov asked they not be allowed to talk to each other. Her lawyer objected saying they were bf & gf, then his lawyer said that they were actually engaged "for all intents and purposes." 
"According to my client they are more than boyfriend and girlfriend, they are for all intents and purposes engaged ... they have plans to get married in some fashion as early as this summer," Winn's lawyer said, adding that he had a relationship with Pert's kids.
The government responded by saying that is the argument was that their relationship is a "stabilizing force" in their lives, "that should have been taken into consideration" before they stormed the capitol.
Ultimately Judge Harvey sided with the couple's lawyers, saying he didn't understand how that condition was relevant to protecting the public or why the gov was recommending it. However, the FL court is still ordering them not to speak to each other except in front of lawyers.
Also just published this on the lasted gov memo on Proud Boy Dominic Pezzola (or "Spaz") who smashed a Capitol window with a police shield: In his home they found hundreds of detailed instructions on how to make guns, poison, and bombs: https://www.buzzfeednews.com/article/emaoconnor/proud-boys-capitol-riot-weapons-bombs-instructions
Some of the titles found in a thumbdrive in his apt: “Advanced Improvised Explosives,” “Explosive Dusts,” “The Ultimate DIY Machine Pistol,” “Ragnar’s Big Book of Homemade Weapons,” and “The Advanced Anarchist’s Arsenal: Recipes for Improvised Incendiaries and Explosives.”
After the insurrection Pezzola shaved his beard, turned off his phone, and left his home town, the gov memo says. B/c of this, and what he's accused of, the gov is asking for him to remain jailed: “Pezzola poses a both serious danger to the community and a serious risk of flight”
