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Capitol cop who shot pro-Trump rioter Ashli Babbitt comes ahead

Minnesota’s Melody Black gets emotional as she visits a memorial near the U.S. Capitol for Ashli ​​Babbitt, who was killed in the building after a pro-Trump mob broke into Washington, DC on January 6, 2021 was.

Joe Raedle | Getty Images

Lt. Michael Byrd, the officer who fatally shot Ashli ​​Babbitt during the January 6 invasion of the US Capitol, said in his initial comments after publicly disclosing his identity that the unarmed rioter “posed a threat” to him Congress represent.

“I was screaming and shouting as loud as I was, ‘Please stop, come back, come back,'” Byrd told NBC Nightly News’ Lester Holt in an interview that aired Thursday night.

“You ultimately hope your orders will be obeyed, and unfortunately they weren’t,” he said.

The official’s remarks came three days after the US Capitol Police Department said it would not discipline him following an internal investigation into the January 6 shooting. The Justice Department said in April it would not bring criminal charges against the officer.

Neither of these agencies identified the officer when they shared their findings. The USCP stated in a press release on Monday: “This officer and the officer’s family have been the subject of numerous credible and specific threats.”

Byrd shot and killed Babbitt, a 35-year-old Air Force veteran, in the Capitol on January 6 when she tried to climb through an opening in a barricaded door that had broken a pane of glass, the Justice Department investigation found.

Babbitt was part of a group of pro-Trump rioters who had gathered in a hallway outside the speaker’s lobby that leads to the Chamber of Representatives. A joint session of Congress was forced to evacuate the Houses of Representatives and Senate when a mob of hundreds of people entered the building, temporarily undoing efforts to confirm President Joe Biden’s electoral college victory.

Byrd, who was in the lobby when Babbitt tried to crawl through the door, drew his service pistol and shot her once in the left shoulder, causing her to fall backwards to the floor, the DOJ noted. She was transported to the Washington Hospital Center, where, according to the agency, she died.

“She posed a threat to the United States House of Representatives,” Byrd told NBC.

When asked what he could see when he fired his gun, Byrd said, “You learn to aim at the mean mass [Babbitt] was sideways and I couldn’t see her full movement of her hands or anything. “

“Their movement made the discharge fall off where it was,” he said.

A lawyer for Babbitt’s family, Terrell Roberts, has alleged that Byrd “ambushed” Babbitt and shot her “without warning”. Roberts did not immediately respond to CNBC’s request to comment on Byrd’s interview.

Babbitt has become a martyr of the far right, and many are demanding that the name of the officer who shot her be revealed. Babbitt’s family, who have vowed to file a multi-million dollar lawsuit against the police and Byrd, have raised thousands of donations online.

Former President Donald Trump claimed that Babbitt was “murdered by someone who should never have pulled the trigger.”

Byrd, who is Black, said he had lived in hiding for months since Jan. 6 but was still the target of threats from those who speculated he was Babbitt’s shooter.

“You talked about killing me and cutting my head off,” Byrd said. “There were also some racist attacks.”

“It’s all disheartening because I know I’ve done my job,” he said.

Byrd said he had “naturally” concerns about coming forward and called the move “terrifying”. But “I think I showed the greatest courage on January 6th and it is now time to do so,” he said.

Byrd also mentioned an earlier incident that made his name headline news in the interview when he left his Glock 22 in a bathroom at the Capitol in 2019.

It was “a terrible mistake,” he told NBC Holt. “I confessed … I was punished for it and moved on.”

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Chinese language prosecutor, ex-NYPD cop charged with stalking U.S. residents

A Chinese soldier stands guard in front of Tiananmen Gate outside the Forbidden City in Beijing.

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A prosecutor from China, a former New York City Police Department detective sergeant and seven other people were indicted Thursday on charges related to a brazen campaign to stalk and harass U.S. residents in an effort to get one of them to return to China.

The new indictment alleges that the nine defendants acted at the direction of officials from the People’s Republic of China, in an effort known as “Operation Fox Hunt,” to repatriate the target from the United States.

The plan included threatening one of the two New Jersey residents who were targets of the campaign with harm to one of the target’s family if he did not return to China, where he purportedly was wanted by the government for accepting bribes.

The New Jersey residents’ adult daughter also was the target of stalking and harassment, the indictment says.

One of the defendants, Tu Lan, was employed as a prosecutor with the Hanyang People’s Procuratorate.

Lan “traveled to the United States, directed the harassment campaign and ordered a co-conspirator to destroy evidence to obstruct the criminal investigation,” according to a press release from the U.S. Attorney’s Office in Brooklyn, which is prosecuting the case.

Lan and another defendant, Zhai Yongqiang, were added to an existing prosecution of six others previously charged in the case.

One of those prior defendants is Michael McMahon, a Mahwah, New Jersey, resident and retired NYPD detective sergeant who had become a private investigator.

McMahon, 53, is accused of working with several other defendants in the case to gather intelligence about and locate two people, identified as John Doe #1 and Jane Doe #2, after earlier efforts to get them to return to China failed.

McMahon didn’t know he was acting on behalf of the Chinese government as he performed work as a private investigator, said his attorney Lawrence Lustberg.

“In fact, far from having conspired with anyone, or of having committed any crimes, Mike was himself a victim of the Chinese, who deceived and duped him and never told him that he was working for them, as opposed to for a construction company – which is what they said,” the attorney said. “Rather than accusing him, our government should have protected him.”

All the defendants are accused of acting and conspiring to act as illegal agents of China without prior notification to the U.S. attorney general, and with engaging in and conspiring in interstate and international stalking.

“Unregistered, roving agents of a foreign power are not permitted to engage in secret surveillance of U.S. residents on American soil, and their illegal conduct will be met with the full force of U.S. law,” said acting U.S. Attorney in Brooklyn Jacquelyn Kasulis.

The indictments were announced hours after ProPublica published an article about Operation Fox Hunt and its targeting of the individuals in New Jersey.

The news outlet noted that Operation Fox Hunt and a program called Operation Sky Net, which were both launched by China in 2014, “claim to have caught more than 8,000 international fugitives.”

“The targets are not murderers or drug lords, but Chinese public officials and businesspeople accused — justifiably and not — of financial crimes,” ProPublica wrote.

“Some of them have set up high-rolling lives overseas with lush mansions and millions in offshore accounts. But others are dissidents, whistleblowers or relatively minor figures swept up in provincial conflicts.”

ProPublica reported that McMahon is from a family of cops and firefighters, and during 14 years of service at the NYPD had won the department’s second-highest honor, the Police Combat Cross, and later retired on partial disability related to ailments from working at Ground Zero after the Sept. 11, 2001, attacks on the World Trade Center.

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The Chinese government in 2012 and 2014 caused the international police agency Interpol to issue so-called red notices for the Does, with the documents accusing John Doe of embezzlement, abuse of power and accepting bribes. Those charges carry a maximum possible sentence of death under Chinese law.

McMahon was hired by one of the defendants, Chinese government official Hu Ji in around September 2016, the indictment says, and later sent that Ji, information that included Jane Doe’s international travel details, and her daughter’s date of birth, Social Security number and banking information.

“After multiple months of investigative work” by McMahon, “the co-conspirators planned a specific rendition operation to stalk and repatriate John Doe #1 through psychological coercion,” the indictment said.

Prosecutors said that in April 2017, at the direction of Lan and Li, the elderly father of John Doe #1 was transported from China to the United States “to convey a threat to John Doe #1 that his family in the PRC would be harmed” with either imprisonment or the threat of that if he did not return to the PRC.”

“Tu Lan then traveled to the United States along with John Doe #1’s father and a medical doctor, Li Minjun,” prosecutors said in the press release. “While in the United States, Tu Lan directed several conspirators to surveil John Doe #1 and his family so the defendants would know where to bring John Doe #1’s father to deliver the demand that John Doe #1 return to the PRC.”

As part of that effort, the indictment says, McMahon performed surveillance around a house belonging to relatives of Doe.

In September 2018, prosecutors said, two of the defendants drove to the Does’ New Jersey residence and “pounded on the front door,” prosecutors said.

“The two defendants attempted to force open the door to the residence, then left a note at the residence that stated ‘If you are willing to go back to the mainland and spend 10 years in prison, your wife and children will be all right. That’s the end of this matter!'” prosecutors said.

Lan, Ji, and two other defendants in the new superseding indictment, Li Minjun, Yongqiang and Zhu Feng, remain at large, according to prosecutors.

Three other defendants, McMahon, Zheng Congying and Zhu Yong will be arraigned in Brooklyn federal court at a later date.

The name of the ninth defendant is under seal.

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Biden to Identify a Critic of Huge Tech because the Prime Antitrust Cop

The White House said on Tuesday that it would nominate Jonathan Kanter to be the top antitrust official at the Justice Department, a move that would add another longtime critic of Big Tech and corporate concentration to a powerful regulatory position.

President Biden’s plan to appoint Mr. Kanter, an antitrust lawyer who has made a career out of representing rivals of American tech giants like Google and Facebook, signals how strongly the administration is siding with the growing field of lawmakers, researchers and regulators who say Silicon Valley has obtained outsize power over the way Americans speak with one another, buy products online and consume news.

Mr. Biden has named other critics of Big Tech to prominent roles, such as Lina Khan, a critic of Amazon, to lead the Federal Trade Commission. Tim Wu, another legal scholar who says regulators need to crack down on the tech giants, serves in an economic policy role at the White House. And this month, Mr. Biden signed a sweeping executive order aimed at increasing competition across the economy and limiting corporate dominance.

Mr. Kanter, 47, is the founder of Kanter Law Group, which bills itself online as an “antitrust advocacy boutique.” He previously worked at the law firm Paul, Weiss, Rifkind, Wharton & Garrison. His services have attracted some of the most prominent critics of Big Tech in corporate America, including Rupert Murdoch’s News Corp and Microsoft as well as upstarts like Spotify and Yelp.

If he is confirmed by the Senate, Mr. Kanter will lead a division of the Justice Department that last year filed a lawsuit arguing Google had illegally protected a monopoly over online search services. The antitrust division of the agency has also been asking questions about Apple’s business practices.

The White House took more than six months from Mr. Biden’s swearing-in to land on Mr. Kanter. The administration has had to juggle progressive and moderate factions within its own party, as well as the likelihood of Republican support in a divided Senate.

The decision won immediate approval from policymakers and advocacy groups helping to lead the charge for more stringent antitrust enforcement.

Senator Amy Klobuchar, the Minnesota Democrat who leads the antitrust subcommittee of the Judiciary Committee, called Mr. Kanter “an excellent choice,” citing his “deep legal experience and history of advocating for aggressive action.”

Sarah Miller, the executive director of the American Economic Liberties Project, a progressive advocacy group, said in a statement that “President Biden has made an excellent choice to lead the D.O.J.’s antitrust division,” noting that Mr. Kanter haddevoted his career to reinvigorating antitrust enforcement.”

Makan Delrahim, a lawyer who led the Justice Department’s antitrust efforts under President Donald J. Trump, said in a text message that Mr. Kanter would be a “great leader” of the division and called him a “serious lawyer” with private sector and government experience.

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July 20, 2021, 6:55 p.m. ET

The announcement may be less warmly embraced by deal-makers on Wall Street who have helped drive mergers and acquisitions volumes to record levels, propelled in part by an exuberant stock market.

Scrutiny in Washington on acquisitions has expanded beyond headline-grabbing Big Tech deals to industries like consumer goods, agriculture, insurance and health care.

The Justice Department has sued to block the proposed merger of Aon and Willis Towers Watson, its first major antitrust action since Mr. Biden took office. The F.T.C. announced in March that it was forming a group to “update” its approach to evaluating the impact of pharmaceutical deals, an industry that generally falls under its purview. That followed a report led by Representative Katie Porter, a Democrat from California, scrutinizing deals in the industry.

In recent years, Mr. Kanter built an unusual practice out of criticizing the tech giants from inside Washington’s corporate law firms. The tech giants have become lucrative clients for major law firms, often making it difficult for those firms to work for their opponents.

But last year, he left Paul, Weiss — an elite corporate litigation firm — because his portfolio representing critics of the tech giants conflicted with other work the firm was doing.

“Jonathan made this decision due to a complicated legal conflict that would have required him to discontinue important and longstanding client representations and relationships,” the firm said at the time.

Mr. Kanter’s critics are likely to question whether his previous work is a conflict of interest that should keep him out of investigations into the tech giants. Both Facebook and Amazon have asked that Ms. Khan recuse herself from matters involving the companies at the F.T.C., even though her background is as a legal scholar and not a paid representative for their rivals.

Asked whether Mr. Kanter would recuse himself from cases involving Google and Apple, a White House official simply said the administration was confident that it could move forward with his nomination given his expertise and record.

Even if Mr. Kanter has the votes to be confirmed it is likely to be months before he takes over at the Justice Department. Congress takes a long break during August — which could push his confirmation past Labor Day.

Cecilia Kang contributed reporting.

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Former NYPD cop Sara Carpenter arrested in Trump Capitol riot

Supporters of US President Donald Trump protest in the rotunda of the US Capitol in Washington, DC on January 6, 2021.

Saul Loeb | AFP | Getty Images

A retired New York police officer who was seen on surveillance tape shaking a tambourine while walking around the U.S. Capitol with a crowd of Trump supporters on Jan. 6, was arrested Tuesday morning.

Sara Carpenter, 51, is the youngest of a number of past or current law enforcement officers charged in connection with the uprising that began with protests against the election of President Joe Biden.

Carpenter, who surrendered on Tuesday, told FBI agents in January that she had gone to the Capitol with others after hearing that then-President Donald Trump had ordered her “to march to the Capitol.”

Five people died in the riot, including Capitol Police Officer Brian Sicknick. Two other police officers defending the Capitol that day killed themselves shortly after the riot that injured nearly 140 other police officers.

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Carpenter retired from the New York Police Department in 2004 after about 10 years of service. In the 1990s she worked as a spokesperson for the NYPD.

Detective Sophia Mason, a current police department spokeswoman, said in an email: “The NYPD worked closely with the FBI’s Joint Terrorism Task Force, which culminated in the arrest of Sara Carpenter. “

Carpenter was released on personal note by a judge after appearing on videoconference in federal court in Brooklyn, New York on Tuesday. She will be charged with offense for knowingly entering or staying in a restricted building or site without legal authority, for disorderly or disruptive behavior in a restricted building or site, and for violent entry and disorderly behavior on the Capitol site.

“Any participation on January 6th [riot] is serious behavior, “US assistant attorney Josh Hafetz said at the hearing.

However, prosecutors said Carpenter’s collaboration with the FBI, her voluntary surrender, and other factors led Brooklyn and Washington prosecutors to agree that a non-monetary loan would be enough to ensure they return to court and will protect the security of the community. “”

Under the terms of this bond, Carpenter’s travel is restricted to New York City or Long Island, unless it is a visit to Washington to appear in court and meet with a lawyer there. She had given her passport when she surrendered to the FBI.

The DOJ is submitting a photo of a tambourine as part of a statement of fact pertaining to former NYPD officer Sara Carpenter who participated in the Capitol Riots on Jan. 6, 2021.

The Carpenter case, along with hundreds of other criminal cases against alleged Capitol rioters, is being prosecuted in the District of Columbia Federal Court.

The court record says the FBI received an anonymous tip on Jan. 7 that Carpenter called a relative and said she was in the Capitol and was gassed tearfully during the invasion. The tipster gave the address of Carpenter in the borough of Queens in New York City.

Carpenter told FBI agents during an interview on Jan. 18 that she drove to Washington on Jan. 5 and “went to the rally point where Trump’s Twitter page instructed all supporters about the election fraud the next morning.” to hear “, it says in the file.

For months after the November presidential election, Trump repeatedly and falsely claimed that he won the election and that Biden’s victory was the result of widespread electoral fraud in several states.

Federal and state courts have consistently denied these allegations, as has Trump’s then Attorney General William Barr.

On January 6, Trump, his family members and various allies held a rally outside the White House, again making false statements about the election and calling on supporters to help them reverse the election results. These results were to be confirmed that day by a joint congressional session chaired by then Vice President Mike Pence.

According to the file, Carpenter said to FBI agents, “She heard President Trump’s words on the giant televisions and speakers telling people to back off, not go and march to the Capitol.”

“Carpenter stated that she started walking to the Capitol with a large group of people around 1:00 pm. Carpenter stated that she entered the Capitol rotunda, watching other people walking around with objects. ” Filing said.

Carpenter told FBI agents that she saw police screaming for people to get out and then pushing and shoving the crowd. Carpenter said she was trampled and sprayed with pepper as she left the Capitol building. “

The DOJ is submitting photos as part of a statement of fact that identifies former NYPD officer Sara Carpenter (dressed in a red hat, green jacket, and gray backpack) participating in the Capitol Riots on January 6, 2021.

Source: Ministry of Justice.

The file also notes that Carpenter said during her interview that she recorded a video of the interior of the Capitol building on her cell phone. She texted an FBI agent on January 19 with the footage.

The Capitol closed-circuit television video shows Carpenter in a red hat, green coat, and black boots with a backpack as he enters the Capitol rotunda with a crowd.

Before leaving the rotunda, Carpenter can be seen on a video “turning back into the room and rising” [her] Hands in the air, “said the file.

The DOJ is submitting photos as part of a statement of fact that identifies former NYPD officer Sara Carpenter (dressed in a red hat, green jacket, and gray backpack) participating in the Capitol Riots on January 6, 2021.

Source: Ministry of Justice.

“She holds a tambourine in her left hand, which she shakes several times before turning around and leaving the rotunda,” the file says.

A search of Carpenter’s house on March 2 found the clothes she was wearing in the Capitol that day, as well as the backpack.

“Carpenter also volunteered to provide the tambourine that she confirmed was wearing in the Capitol,” the file said.

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Former NY cop and Republican official charged in Capitol riot

On January 6, 2021, rioters clashed with police trying to break into the Capitol through the front doors.

Lev Radin | Pacific Press | LightRocket | Getty Images

Federal authorities have arrested two New Yorkers – a former New York police officer and a Republican Party official from Queens – for their alleged roles in the deadly January 6 riot at the US Capitol.

Former New York Police Department officer Thomas Webster is accused of attacking a Capitol police officer with a pipe, NBC New York reported Tuesday.

Webster, who as a police officer had duties that included guarding City Hall and the Gracie Mansion, the official residence of New York City Mayors, surrendered at the FBI’s Hudson Valley office on Monday, according to NBC.

He is expected to be tried in federal court in White Plains, New York, Tuesday.

Webster was featured on an “information search” poster tweeted by the FBI in late January.

The other defendant, Philip Grillo, 46, was arrested Monday afternoon at his girlfriend’s apartment in Queens, New York. Grillo calls himself “The Republican Messiah” on his Facebook page.

Grillo was identified by two tipsters as one of the mobs who invaded the Capitol. They recognized him by a Knights of Columbus jacket, which he was wearing, among other things, according to a fact sheet signed by an FBI agent.

“I’ve seen him twice on CNN in two different incidents,” a witness told the FBI, finding that they knew Grillo from childhood in the Glen Oaks division of Queens.

Grillo, who has been confirmed by the FBI as a member of a council of the Queens Knights of Columbus, is listed as the GOP leader of the Queens Knights of Columbus District’s Republican party group as the GOP leader of the 24th district in Queens.

At the end of 2020, he was denied confirmation as a placeholder candidate in a special election on February 2 for a seat on New York City Council.

Grillo’s efforts to get himself on the ballot and swap another man for the actual candidate for the races – a tactic that is legal – failed after a former Democratic councilor seeking the seat challenged his petition’s signatures .

His Facebook page states that he is a GOP state commissioner in President Trump’s Hometown District.

“I’m really upset,” Grillo’s mother told CNBC when asked to comment on his arrest.

Image included in the statement of fact submitted with the arrest warrant.

DOJ

The FBI said in the fact sheet that on the day of the rioting in and around the Capitol, a cell phone number registered in the name of Grillo’s mother, who is in her early 70s, was used. She was not charged in the case.

Grillo is expected to appear in the US District Court in Brooklyn on Tuesday.

The statement of fact states that he was among the thousands of rioters who swarmed in and around the Capitol on January 6 after a rally by then-President Donald Trump asking his supporters to help him against the confirmation of Joe Biden as the winner of to fight the presidential election. On that day, a joint congressional session met to confirm Biden’s victory.

The factual statement states that video footage from the Capitol shows Grillo climbing through a broken window around 2:30 p.m. that day and then holding a megaphone.

Another surveillance video shows Grillo in the rotunda and among rioters trying to enter a room that contains doors that lead outside, “where more protesters have gathered”.

Those doors were ultimately opened by other members of the crowd pushing against Capitol police officers who were trying to keep the doors closed, the document says.

In YouTube footage shot right outside the Capitol, Grillo was seen among a crowd shouting “Fight for Trump”.

“This crowd was involved in a physical confrontation with uniformed officers at the entrance,” the document said. “Grillo was near the crowd. The crowd, including Grillo, was eventually driven back from the door when officers used a chemical irritant.”

The document states that Grillo posted a short video from “Donald J. Trump” ‘s Facebook page on his own page on November 11th.

“Trump’s entry was” WE WILL WIN! “And a short video that says believing in the impossible,” the document says.

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Man admits dragging cop to be overwhelmed by flag pole

Rioters clash with police on January 6, 2021, trying to enter the Capitol through the front doors.

Lev Radin | Pacific Press | LightRocket | Getty Images

A Colorado geophysicist admitted to authorities that he was “in a fit of rage” as he dragged a police officer to be viciously beaten by a man with an American flagpole and others during the January 6 riot in the US Capitol announced a prosecutor.

The suspect, Jeffrey Sabol, attempted suicide sometime after the riot and also bought a plane ticket from Boston to Zurich, Switzerland, the prosecutor said at Sabol’s trial hours after his arrest at a Westchester County, New York hospital, Friday morning.

“He has the financial means to evade these charges,” said US assistant attorney Benjamin Gianforti during a videoconference and phone hearing held in the US District Court in White Plains, New York.

The prosecutor said authorities had reason to believe that Sabol “attacked another police officer” with a baton that he brandished during the riot.

Sabol “admitted he was in a fit of anger during the attack on the police officer” and told authorities his memory of much of the rest of the day on January 6 was foggy, Gianforti told Judge Andrew Krause.

Krause ordered Sabol, 51, to be detained without bail on a criminal complaint filed against him in the US District Court in Washington, DC, calling him a danger to the community and a risk of escape.

“This behavior is more than pale,” said Krause when he ordered Sabol’s imprisonment for civil disorder.

“These are extremely serious acts with consequences,” the judge told Sabol, a divorced father of three who grew up in New York State and whose sister is a colonel in the US Army.

According to authorities, Sabol can be seen in a widespread video during the riot, wearing a brown jacket, helmet and backpack, as he dragged a policeman to the ground outside the Capitol, where another rioter hit the officer with the flagpole.

Gianforti noted what he called the “irony” of the officer who was attacked with the US flag during the uprising by a group of supporters of President Donald Trump who opposed Congress and confirmed President Joe Biden’s election victory.

The prosecutor said police in Clarkstown, New York found Sabol in his car on Jan. 11, but did not specify exactly why Sabol was not arrested that day.

Sabol’s federal defender, who asked to be released for a $ 200,000 bond, said Krause that Sabol spent a week in a psychiatric center that was being treated after the riot.

Sabol’s lawyer also said the defendant is now stable.

The attorney said Sabol’s work history was “second to none” and his final job was to remove unexploded ordnance from the state for a Colorado environmental company.

The president of the company Sabol works for declined to comment, saying he had just learned from a CNBC reporter that Sabol had been arrested in connection with the Capitol riot.

NYC plumbing workers also indicted

Also on Friday, a New York plumbing worker was charged with participating in the riot.

Garbage man Dominick Madden has been identified in videos posted online showing him wearing a sweatshirt supporting the right-wing conspiracy QAnon during the Capitol Hill riot. The New York Post first reported his ID on January 14th.

Madden was tried in federal court in Brooklyn by Judge Ramon Reyes Jr.

Madden, 43, was charged in the District of Columbia with knowingly stepping into or staying in a restricted building or site without legal authority, knowingly engaging in disorderly or disruptive behavior in a restricted building or site, and forcibly for reasons of capital intruding into the building or the site.

Madden took sick leave from his position with the city’s Sanitary Department during the January 6th attack, according to an affidavit by an FBI agent in support of the complaint. The department has since suspended Madden, the affidavit said.

Madden was released on a $ 150,000 bond with his sister and brother-in-law’s home in Middletown, New Jersey listed as collateral.