8.6 The United States Capitol is Breached
8.6 The United States Capitol is Breached
¶Incited by President Trump, over the course of the next hour, extremists, conspiracy theorists and others breached the U.S. Capitol building at several locations. They probed for weaknesses in the building’s defenses, battling law enforcement personnel who stood in their way. Once again, the Proud Boys and other extremists played conspicuous roles.
The Senate Wing is Breached at 2:13 p.m.
¶At 2:13 p.m., Dominic Pezzola, a Proud Boy from New York, smashed a window on the Senate wing.159 U.S. Capitol Police Camera 102; Third Superseding Indictment at 21, United States v. Nordean et al., No. 1:21-cr-175 (D.D.C. June 6, 2022), ECF No. 380 (noting that Dominic Pezzola “used [a] riot shield . . . to break a window of the Capitol” at “2:13 p.m.” and that “[t]he first members of the mob entered the Capitol through this broken window”); 167 Cong. Rec. S634 (daily ed. Feb. 10, 2021), available at https://www.congress.gov/117/crec/2021/02/10/CREC-2021-02-10-pt1-PgS615-4.pdf. This was the first breach of the Capitol building. Pezzola used a riot shield he stole from a law enforcement officer to break through the window. After climbing through, rioters were able to easily open a nearby Senate wing door from the inside—giving them unfettered passage into the building at 2:14 p.m. Two minutes later, at approximately 2:16 p.m., rioters pushed opened a second door, the Senate fire door, from the inside.160 U.S. Capitol Police Camera 689; Third Superseding Indictment at 21, United States v. Nordean et al., No. 1:21-cr-175 (D.D.C. June 6, 2022), ECF No. 380 (noting that Dominic Pezzola “used [a] riot shield . . . to break a window of the Capitol” at “2:13 p.m.” and that “[t]he first members of the mob entered the Capitol through this broken window.”); 167 Cong. Rec. S634 (daily ed. Feb. 10, 2021), available at https://www.congress.gov/117/crec/2021/02/10/CREC-2021-02-10-pt1-PgS615-4.pdf. Just as the building was being breached, Vice President Pence and Speaker Pelosi were ushered off the Senate and House floors, respectively.161 Third Superseding Indictment at 21, United States v. Nordean et al., No. 1:21-cr-175 (D.D.C. June 6, 2022), ECF No. 380 (noting that Dominic Pezzola “used [a] riot shield . . . to break a window of the Capitol” at “2:13 p.m.” and that “[t]he first members of the mob entered the Capitol through this broken window”); 167 Cong. Rec. S634 (daily ed. Feb. 10, 2021), available at https://www.congress.gov/117/crec/2021/02/10/CREC-2021-02-10-pt1-PgS615-4.pdf. See also Ashley Parker, Carol D. Leonnig, Paul Kane, and Emma Brown, “How the Rioters Who Stormed the Capitol Came Dangerously Close to Pence,” Washington Post, (Jan. 15, 2021), available at https://www.washingtonpost.com/politics/pence-rioters-capitol-attack/2021/01/15/ab62e434-567c-11eb-a08b-f1381ef3d207_story.html; Kat Lonsdorf, Courtney Dorning, Amy Isackson, Mary Louise Kelly, and Aeilsa Chang, “A Timeline of How The Jan. 6 Attack Unfolded—Including Who Said What and When,” NPR, (June 9, 2022), available at https://www.npr.org/2022/01/05/1069977469/a-timeline-of-how-the-jan-6-attack-unfolded-including-who-said-what-and-when.
¶The first person to enter the Capitol building was a Kentucky native named Michael Sparks. Sparks had expressed his desire to kill people after watching protests in the summer of 2020.162 Peter Manseau, “His Pastors Tried to Steer Him Away from Social Media Rage. He Stormed the Capitol Anyway,” Washington Post, (Feb. 19, 2021), available at https://www.washingtonpost.com/religion/2021/02/19/michael-sparks-capitol-siege-jan-6-christian/. Following one of President Trump’s calls to Washington, DC on December 30, 2020, Sparks answered that he would “be there.”163 Statement of Facts at 9, United States v. Sparks, No. 1:21-cr-87 (D.D.C. Jan. 19, 2021), ECF No. 1.
¶As Pezzola entered the building, he was joined by other noteworthy extremists and conspiracy theorists. Robert Gieswein, an individual from Colorado affiliated with Three Percenters who espoused conspiracy beliefs, climbed through the Senate wing window.164 Complaint and Affidavit at 9–10, United States v. Gieswein, No. 1:21-cr-24 (D.D.C. Jan. 16, 2021), ECF No. 1. As an example of his conspiracy beliefs, Gieswein claimed that American politicians “have completely destroyed our country and sold them to the Rothschilds and Rockefellers.” This is a standard anti-Semitic trope. See Complaint and Affidavit at 11, United States v. Gieswein, No. 1:21-cr-24 (D.D.C. Jan. 16, 2021), ECF No. 1. Gieswein also denied that he was a Three Percenter as of January 6, 2021, even though he affiliated with an apparent Three Percenter group at previous times. See Mr. Gieswein’s Motion for Hearing & Revocation of Detention Order at 2–3, 18–19, 25, United States v. Gieswein, No. 1:21-cr-24 (D.D.C. June 8, 2021), ECF No. 18. When the FBI arrested Gieswein, the criminal complaint noted that he “appears to be affiliated with the radical militia group known as the Three Percenters.” Criminal Complaint at 5, United States v. Gieswein, No. 1:21-cr-24 (D.D.C. Jan. 16, 2021), available at https://www.justice.gov/opa/page/file/1360831/download. See also Adam Rawnsley (@arawnsley), Twitter, Jan. 17, 2021 9:13 p.m. ET, available at https://twitter.com/arawnsley/status/1350989535954530315 (highlighting photos of Gieswein flashing a Three Percenter symbol). Doug Jensen, a QAnon adherent, was part of this first cadre of people to enter the Capitol as well.165 Statement of Facts at 1–2, United States v. Jensen, No. 1:21-cr-6 (D.D.C. Jan. 8, 2021), ECF No. 1. Jensen wore a brazen “Q” shirt. Jensen later told authorities that he “intentionally positioned himself to be among the first people inside the United States Capitol because . . . he wanted to have his t-shirt seen on video so that ‘Q’ could ‘get the credit.’”166 Statement of Facts at 2, United States v. Jensen, No. 1:21-cr-6 (D.D.C. Jan. 8, 2021), ECF No. 1. Another prominent QAnon believer, Jacob Chansley (a.k.a. the “QAnon Shaman”), also entered through the Senate wing door at approximately 2:14 p.m.167 “Arizona Man Sentenced to 41 Months in Prison On Felony Charge in Jan. 6 Capitol Breach,” Department of Justice, (Nov. 17, 2021), available at https://www.justice.gov/usao-dc/pr/arizona-man-sentenced-41-months-prison-felony-charge-jan-6-capitol-breach.
¶Doug Jensen and rioters confront police after storming the Capitol. (Photo by Win McNamee/Getty Images)
¶White supremacists and Confederate sympathizers were among the first rioters to enter the U.S. Capitol. Kevin Seefried and his son, Hunter, entered the building at approximately 2:13 p.m. through the Senate wing window smashed by Proud Boy Dominic Pezzola.168 Statement of Facts at 2, United States v. Seefried, No. 1:21-mj-46 (D.D.C. Jan. 13, 2021), available at https://www.justice.gov/usao-dc/press-release/file/1354306/download. Kevin Seefried carried a Confederate Battle Flag with him and unfurled it inside the building. According to some historians, while the Confederate Flag has appeared in the building before, it was the first time that an insurrectionist ever carried the banner inside the U.S. Capitol.169 Statement of Facts at 2, United States v. Seefried, No. 1:21-mj-46 (D.D.C. Jan. 13, 2021), available at https://www.justice.gov/usao-dc/press-release/file/1354306/download; Maria Cramer, “Confederate Flag an Unnerving Sight in the Capitol,” New York Times, (Jan. 9, 2021), available at https://www.nytimes.com/2021/01/09/us/politics/confederate-flag-capitol.html. According to court filings, Hunter Seefried helped punch out the Senate wing window and then clear the broken glass before he, his father and others entered the Capitol.170 Statement of Facts at 2, 5, United States v. Seefried, No. 1:21-mj-46 (D.D.C. Jan. 13, 2021), available at https://www.justice.gov/usao-dc/press-release/file/1354306/download. Kevin Seefried was found guilty of obstructing an official proceeding, which is a felony offense, as well as four misdemeanors.171 “Delaware Man Sentenced to 24 Months in Prison for Actions Related to Capitol Breach,” Department of Justice, (Oct. 24, 2022), available at https://www.justice.gov/usao-dc/pr/delaware-man-sentenced-24-months-prison-actions-related-capitol-breach. The Department of Justice has alleged that at 2:16 p.m., just 3 minutes after the Senate wing was first breached, five individuals associated with the Nick Fuentes’s white nationalist “America First” movement entered the U.S. Capitol.172 “Virginia Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach,” Department of Justice, (Sep. 20, 2022), available at https://www.justice.gov/usao-dc/pr/virginia-man-arrested-felony-and-misdemeanor-charges-actions-during-jan-6-capitol-breach; Statement of Facts at 44, United States v. Brody, et al., No. 1:22-mj-203 (D.D.C. Sep. 12, 2022), available at https://www.justice.gov/usao-dc/press-release/file/1536736/download. The five, all of whom are in their 20s, have been identified as: Joseph Brody, Thomas Carey, Gabriel Chase, Jon Lizak, and Paul Lovley.173 “Virginia Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach,” Department of Justice, (Sep. 20, 2022), available at https://www.justice.gov/usao-dc/pr/virginia-man-arrested-felony-and-misdemeanor-charges-actions-during-jan-6-capitol-breach. Four of the five “initially met at an America First event and attended subsequent events together.”174 Statement of Facts at 44, United States v. Brody, et al., No. 1:22-mj-203 (D.D.C. Sep. 12, 2022), available at https://www.justice.gov/usao-dc/press-release/file/1536736/download. Nick Fuentes and other America First leaders espouse “a belief that they are defending against the demographic and cultural changes in America.”175 Statement of Facts at 44, United States v. Brody, et al., No. 1:22-mj-203 (D.D.C. Sep. 12, 2022), available at https://www.justice.gov/usao-dc/press-release/file/1536736/download. Online researchers say that Brody is the masked man seen in a photo wearing a MAGA hat and holding a rifle in front of a Nazi flag.176 Neil Vigdor and Alan Feuer, “A Jan. 6 Defendant Coordinated Volunteers to Help Youngkin’s Campaign,” New York Times, (Oct. 6, 2022), available at https://www.nytimes.com/2022/10/06/us/politics/joseph-brody-jan-6-youngkin.html. (The photo was not taken on January 6th.) As discussed in Chapter 6, members of the America First movement, commonly known as “Groypers,” were well-represented at “Stop the Steal” events in late 2020 and these rallies helped pave the road to January 6th. Indeed, at least three members of the group—Lovley, Lizak and Chase—attended the “Stop the Steal, March for Trump” rally in Washington, DC on November 14, 2020.177 Statement of Facts at 43, United States v. Brody, et al., No. 1:22-mj-203 (D.D.C. Sept. 12, 2022), available at https://www.justice.gov/usao-dc/press-release/file/1536736/download.
654 655¶On January 6th, Brody and his America First associates made their way to various points inside and outside of the Capitol after the initial breach, including House Speaker Nancy Pelosi’s conference room and office, as well as the U.S. Senate Chamber.178 “Virginia Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach,” Department of Justice, (Sep. 20, 2022), available at https://www.justice.gov/usao-dc/pr/virginia-man-arrested-felony-and-misdemeanor-charges-actions-during-jan-6-capitol-breach. After exiting the Capitol, the group went to the north side of the building. One of the five, Brody, and another rioter allegedly used a “metal barricade” to assault a law enforcement officer who was defending the North Door.179 “Virginia Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach,” Department of Justice, (Sep. 20, 2022), available at https://www.justice.gov/usao-dc/pr/virginia-man-arrested-felony-and-misdemeanor-charges-actions-during-jan-6-capitol-breach. (The attack on the North Door is discussed below.) Brody and Chase also allegedly helped others destroy media equipment.180 “Virginia Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach,” Department of Justice (Sep. 20, 2022), available at https://www.justice.gov/usao-dc/pr/virginia-man-arrested-felony-and-misdemeanor-charges-actions-during-jan-6-capitol-breach; Statement of Facts at 40–43, United States v. Brody, et al., No. 1:22-mj-203 (D.D.C. Sep. 12, 2022), available a: https://www.justice.gov/usao-dc/press-release/file/1536736/download. Still another America First associate, Riley Williams, directed rioters up a staircase to Speaker Pelosi’s office and was accused of aiding and abetting the theft of a laptop found there.181 Statement of Facts at 2–3, 6–7, United States v. Williams, No. 1:21-cr-618 (D.D.C. Jan. 17, 2021), available at https://www.justice.gov/opa/page/file/1357051/download. A jury found Williams guilty of certain felony and misdemeanor charges, but could not reach a verdict on other charges, including the aiding and abetting charge. See “Pennsylvania Woman Found Guilty of Felony and Misdemeanor Charges Related to Capitol Breach,” Department of Justice, (Nov. 21, 2022), available at https://www.justice.gov/usao-dc/pr/pennsylvania-woman-found-guilty-felony-and-misdemeanor-charges-related-capitol-breach.Other white supremacists were among the first rioters to enter the U.S. Capitol. Timothy Hale-Cusanelli, an Army Reservist from New Jersey who was identified by a confidential source to law enforcement as an “an avowed white supremacist and Nazi sympathizer,” entered through the Senate wing breach around 2:14 p.m.182 Government’s Sentencing Memorandum at 12, United States v. Hale-Cusanelli, No. 1:21-cr-37 (D.D.C. Sep. 15, 2022), ECF No. 110; “New Jersey Man Sentenced to 48 Months in Prison for Actions Related to Capitol Breach,” Department of Justice, (Sep. 22, 2022), available at https://www.justice.gov/usao-dc/pr/new-jersey-man-sentenced-prison-actions-related-capitol-breach; Statement of Facts at 2, United States v. Hale-Cusanelli, No. 1:21-cr-37, (D.D.C. Jan. 15, 2021), available at https://www.justice.gov/opa/page/file/1356066/download. Pictures available online depict Hale-Cusanelli with a Hitler-style mustache. See Holmes Lybrand and Andrew Millman, “U.S. Capitol Rioter and Alleged Nazi Sympathizer Sentenced to 4 Years in Prison,” CNN, (Sep. 22, 2022), available at https://www.cnn.com/2022/09/22/politics/timothy-hale-cusanelli-stephen-ayres-capitol-riot/index.html. Hale-Cusanelli “[u]sed tactical hand signals” to direct other members of the mob, and he commanded them to “‘advance’ on the Capitol.”183 “New Jersey Man Sentenced to 48 Months in Prison for Actions Related to Capitol Breach,” Department of Justice, (Sep. 22, 2022), available at https://www.justice.gov/usao-dc/pr/new-jersey-man-sentenced-prison-actions-related-capitol-breach. Afterwards, he bragged to a friend that January 6th was “exhilarating,” that he hoped “for a ‘civil war,’ and that the ‘tree of liberty must be refreshed with the blood of patriots and tyrants.’”184 “New Jersey Man Sentenced to 48 Months in Prison for Actions Related to Capitol Breach,” Department of Justice, (Sep. 22, 2022), available at https://www.justice.gov/usao-dc/pr/new-jersey-man-sentenced-prison-actions-related-capitol-breach. Robert Packer was also among the first rioters to enter the Capitol, and he made his way into the Crypt by 2:25 p.m.185 Statement of Offense at 3, United States v. Packer, No. 1:21-cr-103 (D.D.C. Jan. 13, 2021), available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1469561/download. Packer was wearing a “Camp Auschwitz” sweatshirt, a “symbol of Nazi hate ideology,” at the time.186 Affidavit in Support of Criminal Complaint and Arrest Warrant at 4–5, United States v. Packer, No. 1:21-cr-103, (D.D.C. Jan. 13, 2021), available at https://www.justice.gov/usao-dc/press-release/file/1353201/download.
¶After breaking in, some of the first rioters headed north toward the Senate chambers.187 U.S. Capitol Police Cameras 102, 123. Officer Eugene Goodman, a USCP officer, intercepted them before they headed up the stairs leading to the chambers. Immediately after entering, a rioter asked Officer Goodman, “Where are the [M]embers at?” and “where are they counting the votes?”188 Igor Bobic (@igorbobic), Twitter, Jan. 6, 2021 3:09 p.m. ET, available at https://twitter.com/igorbobic/status/1346911809274478594; Spencer S. Hsu, “Officer Describes How Jan. 6 Rioters Pursued Him through Capitol,” Washington Post, (June 15, 2022), available at https://www.washingtonpost.com/dc-md-va/2022/06/13/eugene-goodman-capitol-police-testimony/. Jensen, Gieswein, Sparks, and others stalked Officer Goodman through the halls of the Senate.189 Igor Bobic (@igorbobic), Twitter, Jan. 6, 2021 3:09 p.m. ET, available at https://twitter.com/igorbobic/status/1346911809274478594; Peter Manseau, “His Pastors Tried to Steer Him Away from Social Media Rage. He Stormed the Capitol Anyway,” Washington Post, (Feb. 19, 2021), available at https://www.washingtonpost.com/religion/2021/02/19/michael-sparks-capitol-siege-jan-6-christian/; Government’s Opposition to Defendant’s Motion for Hearing & Revocation of Detention Order at 8, United States v. Robert Gieswein, No. 1:21-cr-24 (EGS) (D.D.C. June 15, 2021), available at https://extremism.gwu.edu/sites/g/files/zaxdzs2191/f/Robert%20Gieswein%20Government%20Opposition%20to%20Motion%20for%20Hearing%20and%20Revocation%20of%20Detention%20Order.pdf. Jensen demanded that Officer Goodman and other USCP officers arrest Vice President Pence.190 “Iowa Man Found Guilty of Felony and Misdemeanor Charges Related to Capitol Breach,” Department of Justice, (Sep. 23, 2022), https://www.justice.gov/usao-dc/pr/iowa-man-found-guilty-felony-and-misdemeanor-charges-related-capitol-breach. Sparks chanted, “This is our America!”191 Peter Manseau, “His Pastors Tried to Steer Him Away from Social Media Rage. He Stormed the Capitol Anyway,” Washington Post, (Feb. 19, 2021), available at https://www.washingtonpost.com/religion/2021/02/19/michael-sparks-capitol-siege-jan-6-christian/. Other rioters who entered through the Senate wing door clashed with police offices at the Senate carriage door located on the northeast side of the Capitol.192 U.S. Capitol Police Cameras 113, 114. When the rioters followed Officer Goodman up the stairs to the Senate Chamber, they were stopped by a line of USCP officers outside the Ohio Clock Tower.193 U.S. Capitol Police Camera 213; Igor Bobic (@igorbobic), Twitter, Jan. 6, 2021 3:09 p.m. ET, available at https://twitter.com/igorbobic/status/1346911809274478594.
656¶Joe Biggs of the Proud Boys entered the Capitol shortly after the first breach. At 2:14 p.m., Biggs walked through the senate wing door and moved north. Part of his route was captured in videos posted on Parler, a right-wing social media site.194 Lena Groeger, Jeff Kao, Al Shaw, Moiz Syed and Maya Eliahou, “What Parler Saw During the Attack on the Capitol,” ProPublica, (Jan. 17, 2021), available at https://projects.propublica.org/parler-capitol-videos/?id=s8XNlAskWNvi. Someone recorded the Proud Boys leader shortly after he entered the Capitol and asked him, “Hey Biggs what do you gotta say?”195 Lena Groeger, Jeff Kao, Al Shaw, Moiz Syed and Maya Eliahou, “What Parler Saw During the Attack on the Capitol,” ProPublica, (Jan. 17, 2021), available at https://projects.propublica.org/parler-capitol-videos/?id=s8XNlAskWNvi. Smiling, Biggs replied: “this is awesome!”196 Lena Groeger, Jeff Kao, Al Shaw, Moiz Syed and Maya Eliahou, “What Parler Saw During the Attack on the Capitol,” ProPublica, (Jan. 17, 2021), available at https://projects.propublica.org/parler-capitol-videos/?id=s8XNlAskWNvi. Other Proud Boys were seen with Biggs, or near him, as he entered the Capitol. One of them is Paul Rae, a Proud Boys member from Florida, who appears to have communicated directly with Biggs after they entered through the door.197 Affidavit in Support of Criminal Complaint and Arrest Warrant at 12, United States v. Rae, No. 1:21-cr-378 (D.D.C. Mar. 23, 2021), ECF No. 1. Another Proud Boy from Florida, Arthur Jackman, was seen with his hand on Biggs’s right shoulder. Jackman “became involved in the Proud Boys to support Donald Trump,” was in Washington on January 6th “to support President Trump and to stop the steal” and “believe[d] the election was stolen.”195 Still another, Joshua Pruitt, who was clad in a Punisher shirt, entered the Capitol through the Senate wing door around this time.198 Statement of Offense at 4, United States v. Pruitt, No. 1:21-cr-23 (D.D.C. June 3, 2022), ECF No. 61, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1510401/download. At approximately 2:17 p.m., 3 minutes after entering the U.S. Capitol for the first time, Biggs exited through another door.199 U.S. Capitol Police Cameras 113, 114.
¶At 2:43 p.m., law enforcement was able to regain control of the Senate wing door, forcing all the rioters out. But their success lasted for only 5 minutes. At 2:48 p.m., rioters again breached the Senate wing door, pushing law enforcement out of the way.200 U.S. Capitol Police Camera 102. The second breach was one of the more violent breaches of the day, with the mob forcefully pushing law enforcement backwards until the pathway was clear for them to enter.
The Columbus Doors (East Rotunda Doors) are breached at 2:24 p.m. and 2:38 p.m.
¶While the Proud Boys and other extremists were overwhelming law enforcement at the West Plaza scaffolding, another group led the attack on security barriers on the East Plaza. At 2:06 p.m., a crowd broke through security barriers and charged a set of doors just outside the Rotunda.201 U.S. Capitol Police Cameras 932, 933. The mob’s surge occurred just minutes after Alex Jones arrived on the scene.202 Lena Groeger, Jeff Kao, Al Shaw, Moiz Syed and Maya Eliahou, “What Parler Saw During the Attack on the Capitol,” ProPublica, (Jan. 17, 2021), available at https://projects.propublica.org/parler-capitol-videos/?id=a8lp9oooOT3m. The crowd’s cheers and celebration as they move up the steps can be heard while Jones’s camera crew negotiates with USCP officers nearby.203 Jan. 6th Protest and Save America March, “Raw BodyCam: Watch as Alex Jones Works with Capitol Police to Try and Quell the Riot,” Banned.Video, at 15:10, posted Jan. 12, 2021, available at https://banned.video/watch?id=5ffe25bc0d763c3dca0c4da1.
¶Once rioters had filled the Rotunda stairs, Jones and his team, along with the Proud Boy Walter, ascended the stairs. They moved into the thick of the crowd at the top of the stairs, where Jones began calling for peace but also revolution, leading the crowd in chants of “1776” and other bellicose rhetoric.204 CNN Business, “Alex Jones’ Influence on January 6,” CNN, Feb. 26, 2022, available at https://www.cnn.com/videos/media/2022/02/26/alex-jones-influence-january-6-documentary.cnnbusiness. Publicly available video shows that Jones reached the top of the stairs at 2:18 p.m.205 Hunting Insurrectionists, “East Main ‘Columbus’ Doors 1:45-4:45pm - 56 video sync - Jan 6th Capitol Attack Footage,” YouTube, at 31:53, Mar. 12, 2021, available at https://www.youtube.com/watch?v=z1gODZvbhqs&t=1901s. Walter told the Select Committee that he thought Jones was successful in getting some people down, “but I also think that may have created enough space for people to be able to move, whereas before you couldn’t move.”206 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Matthew Thomas Walter, (Mar. 9, 2022), p. 79. Apparently, Jones’s security team also realized he was not successfully controlling the crowd, as one of his security guards reportedly told him, “Alex, they’re going to blame this all on you, we got to get out of here as fast as possible.”207 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Matthew Thomas Walter, (Mar. 9, 2022), p. 79. By approximately 2:21 p.m., Jones began descending the stairs.208 Hunting Insurrectionists, “East Main ‘Columbus’ Doors 1:45-4:45pm - 56 video sync - Jan 6th Capitol Attack Footage,” YouTube, at 36:15, Mar. 12, 2021, available at https://www.youtube.com/watch?v=z1gODZvbhqs&t=1901s. Despite claiming to make attempts to calm the crowd, Jones further incited the mob as he departed, loudly proclaiming “we will never submit to the new world order” and then leading the crowd in the chant “fight for Trump.”209 CNN Business, “Alex Jones’ Influence on January 6,” CNN, at 2:20–2:28, Feb. 26, 2022, available at https://www.cnn.com/videos/media/2022/02/26/alex-jones-influence-january-6-documentary.cnnbusiness.
657¶At 2:24 p.m., rioters gained entrance to the Capitol through the doors leading into the Rotunda,210 Hunting Insurrectionists, “East Main ‘Columbus’ Doors 1:45-4:45pm - 56 video sync - Jan 6th Capitol Attack Footage,” YouTube, at 39:19, Mar. 12, 2021, available at https://www.youtube.com/watch?v=z1gODZvbhqs&t=1901s. an entrance that was only a few feet directly behind Jones as he was speaking. As the Rotunda was breached by rioters, Jones and Alexander left the area and decided to leave the Capitol complex area altogether.211 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Ali Alexander, (Dec. 9, 2021), pp. 64–66.
¶Law enforcement officials were able to thwart the initial breach of the doors leading into the Rotunda. By 2:28 p.m., they temporarily regained control and stopped rioters from entering.212 U.S. Capitol Police Cameras 7029, 7216. But their success was short-lived. Within ten minutes, the doors were breached once again.213 U.S. Capitol Police Camera 7029. And two members of the Proud Boys—Ronald Loehrke and James Haffner—helped lead the attack.214 Complaint with Arrest Warrant at 16–19, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download.
¶Loehrke was allegedly recruited by Nordean, the Proud Boys leader, for January 6th. In late December 2020, Nordean asked Loehrke via text message if he was coming to “DC.”215 Complaint with Arrest Warrant at 12, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download. After Loehrke indicated he was, Nordean said he wanted Loehrke “on the front line” with him.216 Complaint with Arrest Warrant at 12, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download. Loehrke replied, “Sounds good man.”217 Complaint with Arrest Warrant at 12, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download. Loehrke and Haffner marched with the Proud Boys from the Washington Monument to the Capitol grounds and were present during the breach at the Peace Circle.218 Complaint with Arrest Warrant at 14–19, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download; “Two Men Charged with Obstructing Law Enforcement During Jan. 6 Capitol Breach,” Department of Justice, (Dec. 3, 2021), available at https://www.justice.gov/usao-dc/pr/two-men-charged-obstructing-law-enforcement-during-jan-6-capitol-breach. The pair made their way to the east side of the Capitol, where they began removing the security barriers and resisting USCP officers.219 Complaint with Arrest Warrant at 24–29, United States v. Loehrke, No. 1:21-mj-672 (D.D.C. Nov. 30, 2021), ECF No. 1, available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1459171/download. Other members of the crowd joined. Eventually, the rioters breached these barriers too, allowing them to reach the doors of the Rotunda.
¶When the rioters reached the Columbus Doors, they were again stopped by USCP officers. But as the officers explained to the Select Committee, the rioters pushed them against the doors and sprayed them with OC spray (commonly known as pepper spray), making it impossible to defend the Capitol.220 Select Committee to Investigate the January 6th Attack on the United States Capitol, Informal Interview of Brian Adams and Marc Carrion, (Apr. 20, 2022). James Haffner was one of the rioters who allegedly sprayed the officers.221 “Two Men Charged with Obstructing Law Enforcement During Jan. 6 Capitol Breach,” Department of Justice, (Dec. 3, 2021), available at https://www.justice.gov/usao-dc/pr/two-men-charged-obstructing-law-enforcement-during-jan-6-capitol-breach.
¶Shortly after Haffner and others assaulted the USCP officers, they were able to breach the Columbus Doors at approximately 2:38 p.m. A Proud Boys contingent—including Haffner, Loehrke, and Joe Biggs—then entered the Capitol.222 U.S. Capitol Police Camera 7029. It was the second time that Biggs entered the U.S. Capitol that day.
658¶A military-style “stack” of Oath Keepers entered through the Columbus Doors as well. The Oath Keeper members attended the Ellipse rally, where they were provided personal security details for VIPs in attendance.223 See Chapter 6. Afterwards, they marched to the Capitol, as directed by President Trump.
¶Stewart Rhodes, the leader of the Oath Keepers, monitored the attack on the Capitol from just outside, including during the assault on the Columbus Doors. At 2:28 p.m., Rhodes texted members of the F.O.S., or Friends of Stone, (FOS) Signal chat—which included Roger Stone, the Proud Boys’ Enrique Tarrio, Ali Alexander, Alex Jones, and others224 Trial Transcript at 4532:20–4534:9, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022).—that he was at the “Back door of the US Capitol.”225 Trial Transcript at 4642:24–4643:6 and Trial Exhibit 6731, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022). Rhodes followed up at 2:30 p.m. by texting members of another chat that there was “Pounding on the doors” of the Capitol.226 Trial Transcript at 4643:22–4644:4 and Trial Exhibit 6731, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022).
¶At 2:32 p.m., Rhodes held a three-way call with two other Oath Keepers, Kelly Meggs and Michael Green.227 Trial Transcript at 4520:9–4521:5, 4744:20–4745:21, Trial Exhibits 1503, 6740, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022). Three minutes later, Meggs’s group (“Stack 1”) started pushing through the rioters amassed on the East Plaza steps in a military-stack formation, with each person placing a hand on the shoulder of the person in front.228 Seventh Superseding Indictment at 21–22, United States v. Crowl et al., No. 21-cr-28 (D.D.C. Jan. 12, 2022), available at https://www.justice.gov/opa/press-release/file/1462476/download. This stack entered the Capitol around 2:40 p.m.229 Seventh Superseding Indictment at 22, United States v. Crowl et al., No. 21-cr-28 (D.D.C. Jan. 12, 2022), available at https://www.justice.gov/opa/press-release/file/1462476/download.
¶One minute later, Rhodes was caught on camera on the Upper West Terrace responding to a rioter who said the Members of Congress must be “shitting their pants inside.” Rhodes replied: “Amen They need to shit their fucking pants. Sic semper tyrannis.”230 Trial Transcript at 4724:8–15 and Trial Exhibit 1500 at 13:02–13:25, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022).
¶Once inside, Stack 1 moved through the Rotunda. At 2:44 p.m., Stack 1 pushed into the Senate hallway, which was filled with officers blocking the way. “Push, push, push. Get in there. They can’t hold us,” Watkins implored the others. However, the officers repelled their attack, pushing them back into the Rotunda.231 Trial Transcript at 4779:1–4790:3 and Trial Exhibit 1505, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022).
¶Other Oath Keepers made their way to the Capitol as Stack 1 tried to advance. Joshua James and another group of Oath Keepers (“Stack 2”) pushed through the Columbus Doors at approximately 3:15 p.m.232 U.S. Capitol Police Camera 7029; “Leader of Alabama Chapter of Oath Keepers Pleads Guilty to Seditious Conspiracy and Obstruction of Congress for Efforts to Stop Transfer of Power Following 2020 Presidential Election,” Department of Justice, (Mar. 2, 2022), available at https://www.justice.gov/opa/pr/leader-alabama-chapter-oath-keepers-pleads-guilty-seditious-conspiracy-and-obstruction#:~:text=Joshua%20James%2C%2034%2C%20of%20Arab,with%20the%20government's%20ongoing%20investigation; Statement of Offense at 8, United States v. James, No. 1:22-cr-15 (D.D.C. Mar. 2, 2022), ECF No. 60, available at https://www.justice.gov/opa/press-release/file/1479551/download. “This is my fucking Capitol. This is not yours. This is my building,” James shouted at officers inside the Rotunda who were trying to push the rioters out of the Capitol.233 Trial Transcript at 4803:10–4804:23 and Trial Exhibit 1089.1, United States v. Rhodes et al., No. 1:22-cr-15 (D.D.C. Oct. 20, 2022).
Additional Breach Points
¶In addition to the breaches discussed above, rioters opened other entry points into the U.S. Capitol. The Upper West Terrace door, which leads directly into the Rotunda, was breached at 2:33 p.m. when rioters opened it from the inside.234 U.S. Capitol Police Camera 912.
¶Inside the Capitol, rioters broke through the police lines, such as in the Crypt, a space located directly underneath the Rotunda. The Crypt is anchored by a marble “compass stone,” marking the center of the building, and is lined with 13 statues representing the original American colonies.235 “Crypt,” Architect of the Capitol, available at https://www.aoc.gov/explore-capitol-campus/buildings-grounds/capitol-building/crypt. The rioters quickly moved towards the House Chambers and, by 2:40 p.m., started to crowd the main doors outside the Chambers, moving to the east side near the Speaker’s lobby. As they moved to the east side, rioters opened the east House doors from the inside at 2:41 p.m., allowing rioters from the northeast side of the Capitol to enter.236 U.S. Capitol Police Camera 267.
659¶The north doors were the last Capitol doors breached. At 3:10 p.m., rioters entered through the north doors where they were quickly met by USCP.237 U.S. Capitol Police Cameras 123, 124. Within a minute, the hallway just inside the doors was filled with rioters. At 3:12 p.m., a combination of USCP and MPD officers forcefully pushed the rioters out of the doors.238 U.S. Capitol Police Cameras 123, 124. However, rioters continued to attack just outside the north doors throughout the afternoon and evening.
¶The north doors have an outer entranceway that is separated by a vestibule from a set of inner doors that lead directly into the Capitol. Rioters threw bricks at the doors and forcefully tried to stop police officers from clearing the area.239 Watchers Guild, “Rioters Fight with Police at Capitol Building - Washington D.C. - JAN/6/2020,” YouTube, Jan. 6, 2020, available at https://www.youtube.com/watch?v=U7DiLh2Pbl4; News2Share, “January 6 United States Capitol Attack,” YouTube, June 4, 2021, available at https://www.youtube.com/watch?v=9TshRdxXi9c. Law enforcement officers briefly opened the inner doors to spray a chemical irritant that was intended to disperse the mob.240 Statement of Offense at 4, United States v. Gordon, No. 1:22-cr-343 (D.D.C. Oct. 28, 2022), ECF No. 26, available at http://www.justice.gov/usao-dc/press-release/file/1547751/download. But the rioters continued to fight. For instance, as the crowd held the outer doors open, John Thomas Gordon of West Virginia repeatedly threw a heavy projectile at the inner doors, while swearing at the officers.241 Statement of Offense at 4, United States v. Gordon, No. 1:22-cr-343 (D.D.C. Oct. 28, 2022), ECF No. 26, available at http://www.justice.gov/usao-dc/press-release/file/1547751/download. Another rioter gave Gordon, who came to Washington to attend the “Stop the Steal” rally, a pair of goggles so he would withstand the chemical spray. Gordon kicked the inner doors as he and others desperately tried to enter the Capitol.242 Statement of Offense at 4, United States v. Gordon, No. 1:22-cr-343 (D.D.C. Oct. 28, 2022), ECF No. 26, available at http://www.justice.gov/usao-dc/press-release/file/1547751/download. Law enforcement held the doors, withstanding the mob’s best efforts to break in.
¶As law enforcement officers started to clear the building, rioters continued to fight police officers at the tunnel on the West Plaza. Rioters violently struck officers, including MPD Officer Daniel Hodges, and sprayed them with OC spray. Although rioters did not break through the police line at the tunnel, they were able to successfully break a window just north of it. There is no surveillance coverage for this area, so Select Committee staff was unable to determine the precise time of the breach. According to open-source videos, however, the breach appears to occur at approximately 4:15 p.m.243 Hunting Insurrectionists, “West Terrace ‘Tunnel’ - 3:50 - 4:21 pm - Jan 6th,” YouTube, Mar. 12, 2021, available at https://www.youtube.com/watch?v=Yil1JemYMM0&t=1405s.