8.7 President Trump Pours Fuel on the Fire
8.7 President Trump Pours Fuel on the Fire
¶After Dominic Pezzola and others breached the Capitol at 2:13 p.m., a mob quickly entered and headed towards the Senate and House Chambers, where Members were meeting.244 U.S. Capitol Police Camera 102. As the crowd moved through the Capitol, they chanted “Fight for Trump” and “Stop the Steal!” They also chanted “Nancy, Nancy” as they searched for Speaker Pelosi.245 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file Inside Capitol.mov at 23:01–23:35. At 2:18 p.m., the House went into recess as hundreds of rioters confronted USCP officers inside the Crypt, which is a short distance from the first breach point.246 U.S. Capitol Police Cameras 178, 402.
660¶USCP officers formed a line across the Crypt in an attempt to stop the mob’s advance.247 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file Inside Capitol.mov at 13:10–15:47. By 2:21 p.m., the rioters had tried to break through police lines, but they were temporarily unsuccessful.248 U.S. Capitol Police Cameras 178, 402.
¶As USCP officers held the line inside the Crypt, President Trump poured fuel on the fire, tweeting at 2:24 p.m.:
“Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving states a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”249 Jake Tapper (@jaketapper), Twitter, Feb. 10, 2021 5:50 p.m. ET, available at https://twitter.com/jaketapper/status/1359635955389509638 (screenshotting Donald J. Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 2:24 p.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22usa+demands+the+truth%22).
¶One minute later, the mob violently pushed through the USCP officers in the Crypt and continued moving south towards the House Chamber.250 U.S. Capitol Police Cameras 178, 402. Joshua Pruitt, the Proud Boy dressed in a Punisher shirt, was at the front of the line as rioters broke through in the Crypt.251 U.S. Capitol Police Cameras 178, 402. Officer David Millard told the Select Committee that rioters in the Crypt claimed they were in the Capitol because their “boss” told them to be there—meaning President Trump.252 See Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of David Millard, (Apr. 18, 2022), p. 28. Officer Millard also recalled members of the mob telling him they were there to stop the steal.253 See Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of David Millard, (Apr. 18, 2022), p. 28.
¶After breaking through the police line in the Crypt, the mob pursued USCP officers as they retreated to the U.S. Capitol Visitor’s Center (CVC). Pruitt was among the rioters who advanced into the CVC, where he came close to Senator Chuck Schumer.254 Plea Agreement at 5, United States v. Pruitt, No. 1:21-cr-23 (D.D.C. June 3, 2022), ECF No. 61. When the USCP officers attempted to lower metal barriers to halt the crowd’s momentum, another small group of Proud Boys immediately interceded to prevent the barricades from coming down.255 Complaint at 34–38, United States v. Chrestman, No. 1:21-cr-160 (D.D.C. Feb. 10, 2021), available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1366441/download; Ryan J. Reilly (@ryanjreilly), Twitter, Nov. 26, 2022 1:00 p.m. ET, available at https://twitter.com/ryanjreilly/status/1596564571371749378 (showing video Proud Boy Nicholas DeCarlo filmed while inside the Capitol). The Proud Boy contingent included three men from the Kansas City, Kansas area: William Chrestman,256 Complaint at 34–38, United States v. Chrestman, No. 1:21-cr-160, (D.D.C. Feb. 10, 2021), available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1366441/download. Chris Kuehne,257 Indictment at 5, 8–9, United States v. Kuehne et al., No. 1:21-cr-160 (D.D.C. Feb. 26, 2021), ECF No. 29. and Louis Colon.258 Statement of Offense at 3, United States v. Colon, No. 1:21-cr-160 (D.D.C. Apr. 27, 2022), ECF No. 143. Felicia Konold and Cory Konold, two Proud Boy associates from Arizona, joined the Kansas City group while marching from the Washington Monument to the Capitol earlier in the day and were on the scene.259 Indictment at 5, 8–9, United States v. Kuehne et al., No. 1:21-cr-160 (D.D.C. Feb. 26, 2021), ECF No. 29. Two other Proud Boys, Nicholas Ochs and Nicholas DeCarlo, filmed the incident.260 Complaint at 36, United States v. Chrestman, No. 1:21-cr-160, (D.D.C. Feb. 10, 2021), available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1366441/download; Ryan J. Reilly (@ryanjreilly), Twitter, Nov. 26, 2022 1:00 p.m. ET, available at https://twitter.com/ryanjreilly/status/1596564571371749378 (showing video Proud Boy Nicholas DeCarlo filmed while inside the Capitol).
¶Surveillance footage shows Chrestman using a wooden club, or modified axe handle, to prevent the barrier from being lowered to the floor.261 Complaint at 36, United States v. Chrestman, No. 1:21-cr-160, (D.D.C. Feb. 10, 2021), available at https://www.justice.gov/usao-dc/case-multi-defendant/file/1366441/download. Colon later admitted to authorities that he purchased and modified an axe handle “to be used as both a walking stick and an improvised weapon” on January 6th.262 Statement of Offense at 4, United States v. Colon, No. 1:21-cr-160, (D.D.C. Apr. 27, 2022), ECF No. 143. Colon also told authorities that he attended a meeting with Chrestman and others on the night of January 5th, during which someone asked, “do we have patriots here willing to take it by force?” Colon understood that the individual meant that they should use “force against the government.” This same individual commented that they should “go in there and take over.”263 Statement of Offense at 4, United States v. Colon, No. 1:21-cr-160, (D.D.C. Apr. 27, 2022), ECF No. 143. At 2:36 p.m., the mob pushed through a line of USCP officers guarding the House Chamber.264 U.S. Capitol Police Camera 251. Rioters also entered the Senate Chamber.265 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=sbGOy4rN0ue4. Within minutes, Jacob Chansley (a.k.a. the QAnon Shaman) entered the Senate Chamber, making his way to the Senate dais, where Vice President Pence had been presiding over the joint session. An officer asked Chansley to vacate the dais, but instead he shouted, “Mike Pence is a fucking traitor.” Chansley also left a note that read: “It’s Only a Matter of Time. Justice is Coming!”266 Statement of Offense at 12–14, United States v. Chansley, No. 1:21-cr-3 (D.D.C. Sep. 3, 2021), ECF No. 70. Surrounded by others, Chansley held a conspiracy-laden prayer session, saying: “Thank you for allowing the United States of America to be reborn. Thank you for allowing us to get rid of the communists, the globalists, and the traitors within our government.”267 Statement of Offense at 15, United States v. Chansley, No. 1:21-cr-3 (D.D.C. Sep. 3, 2021), ECF No. 70. Other extremists, including at least one associate of the white nationalist “America First” movement, also sat in the Vice President’s seat.268 Christian Secor, a young Groyper, sat in the Vice President’s seat. See “California Man Sentenced to 42 Months in Prison for Actions During Jan. 6 Capitol Breach,” Department of Justice, (Oct. 19, 2022), available at https://www.justice.gov/usao-dc/pr/california-man-sentenced-prison-actions-during-jan-6-capitol-breach; Complaint at 6, 14–15, United States v. Secor, No. 1:21-mj-232 (D.D.C. Feb 13, 2021), ECF No. 1.
661¶Rioters enter the Senate Chamber. Photo by Win McNamee/Getty Images
¶While law enforcement fought to contain the mob inside the Capitol, the fighting raged outside as well. Key agitators continued to fire up the crowd. Nick Fuentes, the leader of the “America First” movement, amplified President Trump’s rhetoric aimed at Vice President Pence, including the President’s 2:24 p.m. tweet.269 Other agitators, such as Vets 4 Trump founder Joshua Macias (who was with Stewart Rhodes and Enrique Tarrio on January 5th), also attacked Vice President Pence outside the Capitol. See Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Joshua Macias, (May 2, 2022), pp. 27–28, and Exhibit 14; capitolhunters (@capitolhunters), Twitter, May 27, 2021 8:36 p.m. ET, available at https://twitter.com/capitolhunters/status/1398075750482337792 (video of Macias calling Vice President Pence a “Benedict Arnold” outside of the Capitol on January 6th). Speaking through a bullhorn while standing on the Peace Monument, Fuentes shouted:
662We just heard that Mike Pence is not going to reject any fraudulent elector votes! That’s right, you heard it here first: Mike Pence has betrayed the United States of America. Mike Pence has betrayed the President and he has betrayed the people of the United States of America—and we will never ever forget!270 Reagan Battalion (@ReaganBattalion), Twitter, Jan. 7, 2021 5:03 a.m. ET, available at https://twitter.com/ReaganBattalion/status/1347121703823044608.
¶As rioters flowed through the halls and offices inside the Capitol, others broke through the defensive lines of USCP and MPD officers on the lower West Plaza at 2:28 p.m., allowing them to take over the inauguration stage.271 U.S. Capitol Police Camera 944. According to MPD Officer Michael Fanone, MPD officers were then forced to conduct the “first fighting withdrawal” in the history of the force, with law enforcement seeking to “reestablish defensive lines” to prevent the “crowd that had swelled to approximately 20,000 from storming the U.S. Capitol.”272 Sentencing Transcript at 19, United States v. Young, No. 1:21-cr-291 (D.D.C. Sep. 27, 2022), ECF No. 170.
¶After surging through the West Plaza, rioters quickly headed towards the West Plaza tunnel. The violence that escalated at 2:28 p.m. on the lower West Plaza continued as rioters reached the tunnel. By 2:41 p.m., law enforcement retreated inside the tunnel, allowing rioters to slowly fill in.273 U.S. Capitol Police Camera 74. Just ten minutes later, the mob jammed the tunnel, desperately trying to break through the police lines.274 U.S. Capitol Police Camera 74. The fighting in and immediately outside of the tunnel raged for over two hours.275 Government’s Sentencing Memorandum at 4–8, United States v. Head, No. 1:21-cr-291 (D.D.C. Oct. 19, 2022), ECF No. 159.
¶Throughout the afternoon, members of the mob struck officers with weapons, shot them with OC (or pepper) spray, and dragged officers from the tunnel into the crowd. Lucas Denney, a Three Percenter from Texas who carried a baton on January 6th, pushed a riot shield into and on top of police officers at the tunnel. The crowd chanted “heave-ho!” as Denney did so.276 Statement of Facts at 5, 29–31, 39, United States v. Denney, No. 1:22-cr-70 (D.D.C. Dec. 7, 2021), ECF No. 1-1; Status Coup News, “UNBELIEVABLE Footage | Trump Supporters Battle Cops Inside the Capitol,” YouTube, at 24:09, Jan. 7, 2021, available at https://www.youtube.com/watch?v=cJOgGsC0G9U. Jeffrey Scott Brown sprayed a chemical or pepper spray at officers and pushed the front of the line in the tunnel.277 Statement of Facts at 2, 6–7, United States v. Brown, No. 1:21-cr-178 (D.D.C. Aug. 16, 2021), ECF No. 1-1; Storyful Viral, “Scenes of Chaos Captures Inside US Capitol as Crowd Challenges Police,” YouTube, at 20:05, 21:03, Jan. 7, 2021, available at https://www.youtube.com/watch?v=qc0U755-uiM. Kyle Young, a January 6th defendant with a long prior criminal history, participated in multiple assaults and violence at the tunnel, including using a pole to jab at police officers.
¶Rioters assault police officers at a tunnel to the Capitol. Photo by Brent Stirton/Getty Images
¶Young’s 16-year-old son was present during the fighting.278 Government’s Sentencing Memorandum at 25–28, 55, United States v. Young, No. 1:21-cr-291 (D.D.C. Sep. 13, 2022), ECF No. 140; Status Coup News, “UNBELIEVABLE Footage | Trump Supporters Battle Cops Inside the Capitol,” YouTube, at 9:45–9:56, Jan. 7, 2021, available at https://www.youtube.com/watch?v=cJOgGsC0G9U. Robert Morss, a former Army Ranger who wore a military-style vest, participated in a heave-ho effort in the tunnel where he and rioters had created a shield wall.279 Statement of Facts for Stipulated Trial at 6–9, United States v. Morss, No. 1:21-cr-40 (D.D.C. Aug. 23, 2022), ECF No. 430; Torsten Ove, “Former Army Ranger Charged with Assaulting Cops during Capitol Riot Faces DC Bench Trial,” Pittsburgh Post-Gazette, (Aug. 17, 2022), available at: https://www.post-gazette.com/news/crime-courts/2022/08/17/robert-morss-pittsburgh-glenshaw-army-ranger-charged-assaulting-police-capitol-riot-insurrection-january-6-bench-trial/stories/202208170094. Peter Schwartz and another rioter passed a large cannister of spray back and forth before Schwartz’s companion sprayed officers and then the two joined in the heave-ho.280 Government’s Opposition to Defendant’s Motion to Set Bond and Conditions of Release at 6–7, United States v. Schwartz, No. 1:21-cr-178 (D.D.C. June 15, 2021), ECF No. 26.
663¶One of the most brutal attacks of the day occurred outside the tunnel when rioters dragged MPD Officer Michael Fanone into the crowd, and then tased, beat, and robbed him while a Blue Lives Matter flag fluttered above him. Albuquerque Head, a rioter from Tennessee, grabbed Officer Fanone around the neck and pulled him into the mob.281 Statement of Offense at 4, United States v. Head, No. 1:21-cr-291 (D.D.C. May 6, 2022), ECF No. 124; Government’s Sentencing Memorandum at 1–4, 18, 25, United States v. Head, No. 1:21-cr-291 (D.D.C. Oct. 19, 2022), ECF No. 159; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (District of Columbia Production), Axon Body 3 No. X6039B9N0, at 15:17–15:20 (MPD body camera footage); “Tennessee Man Sentenced to 90 Months in Prison for Assaulting Law Enforcement Officer During Capitol Breach,” Department of Justice, (Oct. 27, 2022), available at https://www.justice.gov/usao-dc/pr/tennessee-man-sentenced-prison-assaulting-law-enforcement-officer-during-capitol-breach. “I got one!” Head shouted.282 Government’s Sentencing Memorandum at 1–4, 18, 25, United States v. Head, No. 1:21-cr-291 (D.D.C. Oct. 19, 2022). Lucas Denney, the Three Percenter, “swung his arm and fist” at Officer Fanone, grabbed him, and pulled him down the stairs.283 Statement of Facts at 33–34, United States v. Denney, No. 1:22-cr-70 (D.D.C. Dec. 7, 2021), ECF No. 1-1. Daniel Rodriguez then tased him in the neck. Kyle Young lunged towards Officer Fanone, restraining the officer’s wrist.284 Government’s Sentencing Memorandum at 2, 30–31, United States v. Young, No. 1:21-cr-291 (D.D.C. Sept. 13, 2022), ECF No. 140. While Young held him, still another rioter, Thomas Sibick, reached towards him and forcibly removed his police badge and radio.285 Statement of Facts at 4–11, United States v. Sibick, No. 1:21-cr-291 (D.D.C. Mar. 10, 2021), ECF No. 1-1 (noting that Sibick told the FBI he was trying to help Officer Fanone while other rioters attempted to get the officer’s gun). Officer Fanone feared they were after his gun. Members of the crowd yelled: “Kill him!,” “Get his gun!” and “Kill him with his own gun!”286 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (District of Columbia Production), (Axon Body 3 No. X6039B9N0), at 15:18:51–15:21:12 (MPD body camera footage); Government’s Sentencing Memorandum at 27-28, United States v. Young, No. 1:21-cr-291 (D.D.C. Sept. 13, 2022), ECF No. 140.
¶In an interview with FBI agents, Daniel Rodriguez admitted his role in the attack on Officer Fanone.287 Motion to Suppress by Daniel Rodriguez, Exhibit A at 38–39, 43–45, 70–71, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1. During that same interview, Rodriguez discussed the influences that led him down the path to January 6th. Rodriguez was a fan of Alex Jones’s InfoWars and told FBI agents that he became active at rallies after watching the conspiracy show.288 Motion to Suppress by Daniel Rodriguez, Exhibit A at 17–18, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1. Rodriguez was motivated by Jones’s decision to support then candidate Trump in 2015.289 Motion to Suppress by Daniel Rodriguez, Exhibit A at 118, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1 (quoting Rodriguez saying: “And I was already—Trump was already, like—this is 2015, and I was already into InfoWars and Alex Jones, and he’s backing up Trump. And I’m like, all right, man. This is it. I’m going to—this is—I’m going to fight for this. I’m going to do—I want to do this.”). He also began to affiliate himself with the Three Percenter movement, which he learned about by watching InfoWars.290 Motion to Suppress by Daniel Rodriguez, Exhibit A at 131, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1. And when President Trump called for a “wild” protest in Washington on January 6th, Rodriguez thought it was necessary to respond. “Trump called us. Trump called us to DC,” Rodriguez told interviewing agents.291 Motion to Suppress by Daniel Rodriguez, Exhibit A at 34, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1. “If he’s the commander in chief and the leader of our country, and he’s calling for help –I thought he was calling for help,” Rodriguez explained. “I thought he was—I thought we were doing the right thing.”292 Motion to Suppress by Daniel Rodriguez, Exhibit A at 34, United States v. Rodriguez, No. 1:21-cr-246 (D.D.C. Oct. 25, 2021), ECF No. 38-1.
664¶Rodriguez and another January 6th defendant, Edward Badalian, began preparing for violence after President Trump’s December 19th tweet. They gathered weapons and tactical gear293 Indictment at 2, 5–7, United States v. Rodriguez et al., No. 1:21-cr-246 (D.D.C. Nov. 19, 2021), ECF No. 65. and discussed their plans in a Signal chat named, “Patriots 45 MAGA Gang.”
¶“Congress can hang. I’ll do it,” Rodriguez posted to the chat. Please let us get these people dear God.”294 Indictment at 2, 5–7, United States v. Rodriguez et al., No. 1:21-cr-246 (D.D.C. Nov. 19, 2021), ECF No. 65.
¶Badalian also posted a flyer titled “MAGA_CAVALRY,” which showed rally points for “patriot caravans” to connect with the “Stop The Steal” movement in DC.295 Indictment at 2, 5–7, United States v. Rodriguez et al., No. 1:21-cr-246 (D.D.C. Nov. 19, 2021), ECF No. 65. The same flyer was popular among Three Percenters and other self-described “patriot” groups. It also garnered the attention of law enforcement. The FBI’s Norfolk, Virginia division noted in a January 5th intelligence assessment that the flyer was accompanied by another image, titled “Create Perimeter,” which depicted the U.S. Capitol and other buildings being surrounded by the same caravans.296 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Capitol Police Production), CTRL0000001532.0001 (Jan. 5, 2021, FBI Situational Information Report); see also Statement of Facts at 11, 39, United States v. Denney, No. 1:22-cr-70 (D.D.C. Dec. 7, 2021), ECF No. 1-1 (noting that Denney, a Three Percenter, posted similar messages about occupying Congress on Facebook).