Dawn Bancroft, 59, pleaded guilty to a misdemeanor count of illegally demonstrating, picketing or parading inside the Capitol, which carries a maximum sentence of six months in prison.

However, U.S. District Judge Emmet G. Sullivan questioned why prosecutors had not pursued more severe charges of threatening a member of Congress after Bancroft was seen on video inside the Capitol saying she was looking for Pelosi to “shoot her in the friggin’ brain.”

“It’s very troubling to hear that the reason [she] was at the Capitol on Jan. 6 was essentially to murder the speaker of the House,” said Sullivan.

Bancroft described the remark as a “stupid, juvenile comment,” adding that she “did not mean it” as Assistant U.S. Attorney Patrick Murphy noted she made the comment while leaving the building and there was no indication she intended to act on it.

Her attorney added that Bancroft did not post the video online but instead shared it with her children and a few others, including a friend who shared it with the FBI.

Sullivan said Bancroft was “fortunate” not to face more serious charges and asked her to think about how “good people who never got into trouble with the law on Jan. 6 morphed into terrorists.”

“I’m guilty,” Bancroft told Sullivan. “And I’m going to take the consequences.”

Diana Santo-Smith, 32, who traveled to Washington, D.C., with Bancroft and appeared alongside her in the incriminating video also pleaded guilty to the same charge on Tuesday.

Sullivan told Santos-Smith she would face intense questioning when the pair are sentenced on Jan. 25.

“We’re going to have a long talk … about what the heck you were thinking,” he said. “How did you get yourself into this mess?”

Daniel Uria | Contributed

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After living on three continents for an extended period of time, I can tell you that one of the best things about being in the United States is the safety and security that such men and women provide to us, especially to ordinary citizens like me. Whenever we feel threatened or are in need of any help, we dial 9-1-1 and these soldiers drop everything and rush to our help. I can drive late at night through any city, go for a walk at any hour, or step into any place to shop or just to browse around, at any hour of the day, and feel protected because these real-life “superheroes” are only a shout away. Most of the countries in this world don’t have such luxury. We are that fortunate!

What made me tear up was the realization that January 6th was their 9-1-1 moment. They were the ones who needed help and there was none available to them. They were fighting a mob that was bent on doing extreme harm to our representatives, at the behest of those that were supposed to safeguard our nation and our institutions. Instead, our so-called leaders were inciting the misguided sheep to turn into hyenas and do their worst, just to benefit the scam artists posing as messiahs. Our President and some of his cronies—let’s not mince words—were inciting that mob to do something that goes against every fiber of our being as a nation, against every ideal that we stand for, and against the very fabric that holds us together as the superpower with moral high ground.

Officer Fanone spoke about duty, honor, and service. All of our law enforcement officers, and military personnel, live by such credo and take the oath to put their lives on the line—as these officers did on January 6th—to live by or to die for those values. That is not a small thing in itself. Most of us cannot and do not aspire to such high ideals. But, at the very least, we can respect those who do, and honor their valor. But, instead of honoring their sacrifices and cherishing their bravery in the face of such huge odds, some of the very people they protected are turning against them. Instead of recognizing their dedication, some of the people in this country, especially those who have the huge megaphone via different forms of media, are belittling them and downplaying what they achieved that day. Not only did they save countless tragedies from transpiring, as were planned by some people in power, but they themselves suffered tragedies of their own during their fight—literally—for their lives.

My tears were also for this nation that has forgotten what the word “honor” truly means. Once we taught our kids, that honor is everything and a man (or woman) is nothing without honor. Now, we have a huge swath of people, who openly, proudly, and without shame, do things that are dishonorable. Just think for a moment, we go crazy when a sportsman kneels when our national anthem is being played, because he is disrespecting our flag, but we can’t bring ourselves to condemn those that used our flags to beat these officers, just because our President did not want to concede the election. We have always followed the sportsmanship of accepting our loss, even if a referee makes the wrong call. But here we are, months and months later, still refusing to accept the loss, even after one thousand and one replays that showed that there was no wrong call.

Along with losing our honor, we have also lost our intelligence. I can’t believe that we have no ability these days to recognize a shyster when we see one. There are politicians who are using key phrases, and repeat them often, just to fleece us and enrich themselves. We have no reasoning abilities left to separate swindlers from genuine, caring people. We have no shame in elevating a con man to the level of an infallible holy man, for no reason, other than that he keeps repeating his lies that smart people like us should be able to easily see through. In other words, we have lost our minds.

America needs to wake up and see what truly is going on around us. There once was a time when we used to consider it disrespectful and unacceptable to even utter foul words in “polite company.” Now, we have absolutely no reaction when the very person we wish for him to be our leader—i.e. Donald Trump—uses the P-word to refer to these brave, selfless heroes. A man with no character is throwing stones at these men whose character is beyond reproach. There are politicians on both sides of the aisle, using fear-mongering and scare tactics, to openly deceive us and to take us for every penny that we have, to get us to do their dishonest, dishonorable, and disgusting bidding; to make fools out of us in ways that is beyond the pale. When, in God’s name, are we going to come to our senses and stop acting like pawns in their hands and hold these charlatans and fraudsters accountable for their sins against our nation. We can’t let them destroy us from within. Open your eyes America and see right through them. They are the real enemies who have weakened our nation so much.

Muhammad Naeem | Contributed

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The first waves of arrests in the deadly siege at the U.S. Capitol focused on the easy targets. Dozens in the pro-Trump mob openly bragged about their actions on Jan. 6 on social media and were captured in shocking footage broadcast live by national news outlets.

But six months after the insurrection, the Justice Department is still hunting for scores of rioters, even as the first of more than 500 people already arrested have pleaded guilty. The struggle reflects the massive scale of the investigation and the grueling work still ahead for authorities in the face of an increasing effort by some Republican lawmakers to rewrite what happened that day.

Among those who still haven’t been caught: the person who planted two pipe bombs outside the offices of the Republican and Democratic national committees the night before the melee, as well as many people accused of attacks on law enforcement officers or violence and threats against journalists. The FBI website seeking information about those involved in the Capitol violence includes more than 900 pictures of roughly 300 people labeled “unidentified.”

Part of the problem is that authorities made very few arrests on Jan. 6. They were focused instead on clearing the building of members of the massive mob that attacked police, damaged historic property and combed the halls for lawmakers they threatened to kill. Federal investigators are forced to go back and hunt down participants.

The FBI has since received countless tips and pieces of digital media from the public. But a tip is only the first step of a painstaking process — involving things like search warrants and interviews — to confirm people’s identities and their presence at the insurrection in order to bring a case in court. And authorities have no record of many of the attackers because this was their first run-in with the law.

“Most of these people never showed up on the radar screen before,” said Frank Montoya Jr., a retired FBI special agent who led the bureau’s field offices in Seattle and Honolulu. “You watch the movies and a name comes up on the radar screen and they know all the aliases and the last place he ate dinner, all with a click of a button. Unfortunately, that’s not how it is in reality.”

The FBI has been helped by “sedition hunters,” or armchair detectives who have teamed up to identify some of the most elusive suspects, using crowdsourcing to pore over the vast trove of videos and photos from the assault.

Forrest Rogers, a business consultant who helped form a group of sedition hunters called “Deep State Dogs,” said the group has reported the possible identities of about 100 suspects to the FBI based on evidence it collected.

Sometimes, a distinctive article of clothing helps the group make a match. In one case, a woman carrying a unique iPhone case on Jan. 6 had been photographed with the same case at an earlier protest, Rogers said.

“It’s seeking justice,” he said. “This is something that’s unprecedented in the history of our country.” Rogers asked, “Where else have you had several thousands of people who commit a crime and then immediately disperse all over the United States?”

John Scott-Railton is a senior researcher at the Citizen Lab at the University of Toronto who has been collaborating with journalists and others to identify suspects using digital clues. He said that while much is known about the “small fish” who committed crimes that day, a deeper understanding is needed of the actions of organized group leaders.

“We all need to be in a place where we can have conversations about what Jan. 6th was that go beyond a bunch of individuals motivated by a set of ideologies who showed up at the Capitol,” he said.

Those being sought include many accused of violent attacks on officers. One video released by the FBI shows an unidentified man attacking officers with a baton. In another, a man is seen ripping the gas mask off an officer who screamed in pain as he was being crushed into a doorway by the angry mob.

The FBI on Tuesday released 11 new videos of rioters attacking law enforcement officers and appealed for the public’s help in identifying the suspects. More than 100 people already have been arrested on suspicion of assaulting law enforcement officers at the Capitol.

In some cases, social media platforms have turned over incriminating posts that defendants tried to delete after their gleeful celebrations of the siege gave way to fears of being arrested. Often, the attackers’ own family, friends or acquaintances tipped off authorities.

In one case, the FBI used facial comparison software to find a suspect on his girlfriend’s Instagram account. Agents then went undercover, secretly recorded the man at work and got him on tape admitting to being in the crowd, which he described as “fun.”

“The more of these people you identify — potentially through search warrants and social media communications — you’re going to be able to identify others,” said Tom O’Connor, who focused on counterterrorism as a special agent before leaving the bureau in 2019. “Those people who have been arrested will then be given the opportunity to cooperate and identify other persons involved.”

The FBI has offered a reward of up to $100,000 for information leading to the arrest of the person responsible for planting the pipe bombs in Washington on Jan. 5. Footage shows a person in a gray hooded sweatshirt, a mask and gloves appearing to place one of the explosives under a bench outside the Democratic National Committee and the person walking in an alley near the Republican National Committee before the bomb was placed there. It remains unclear whether the bombs were related to planning for the insurrection.

Justice Department officials say arresting everyone involved in the insurrection remains a top priority. Authorities recently arrested the 100th person accused of assaulting law enforcement as well as the first person accused of assaulting a member of the press — a man prosecutors say tackled a cameraman.

“They will find them,” said Robert Anderson Jr., former executive assistant director of the FBI’s Criminal, Cyber, Response, and Services Branch. “I don’t care how long it takes. If they are looking for them, they will find them.”

More than a dozen Jan. 6 defendants have pleaded guilty, including two members of the Oath Keepers militia group who admitted to conspiring with other extremists to block the certification of President Joe Biden’s victory.

Most of the other plea deals reached so far are in cases where defendants were charged only with misdemeanors for illegally entering the Capitol. The only defendant who has been sentenced is an Indiana woman who pleaded guilty to a misdemeanor and was spared any time behind bars.

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A California man charged with joining anti-government extremists in rioting at the U.S. Capitol told the IRS last year that he formed a charity called the American Phoenix Project to defend “human and civil rights” and educate the public about vaccines.

Instead, Alan Hostetter used his tax-exempt nonprofit as a platform to oppose COVID-19 lockdown restrictions, protest that the 2020 election was stolen from former President Donald Trump and advocate for violence against political opponents, according to an eight-count indictment secured by the U.S. Justice Department. He’s already charged with conspiracy to stop the certification of Joe Biden’s presidency, but Hostetter also could be in violation of IRS rules governing tax-exempt nonprofits, possibly compounding his serious legal troubles.

The IRS prohibits charities like Hostetter’s from participating in any campaign activity for or against political candidates. In his May 2020 application to the IRS for tax-exempt status, Hostetter wrote that the American Phoenix Project would not directly or indirectly engage in political campaigns.

However, when the American Phoenix Project hosted a “Stop the Steal” rally in Huntington Beach, California, in December, Hostetter delivered a speech in which he called for a “reckoning” and said Trump must be sworn in for a second term.

“There must be long prison terms, while execution is the just punishment for the ringleaders of this coup,” Hostetter said, according to his June 9 indictment.

As of Wednesday, the IRS listed American Phoenix Project as a tax-exempt organization. It also is registered with California regulators to operate as a charity.

Hostetter’s attorney, Bilal Essayli, accused Justice Department prosecutors of pushing a “false narrative” by including the allegations about his client’s use of the charity. Hostettler isn’t charged with making any politically motivated threats or misusing the nonprofit, he noted.

“They throw in really inflammatory rhetoric that they never have to prove in court,” Essayli said.

But a tax expert who reviewed the indictment says it appears to connect Hostetter’s use of the taxpayer-subsidized American Phoenix Project, including messages that he posted on the nonprofit’s Instagram account, to the Jan. 6-related crimes for which he is charged.

“I think it’s fair to say and fairly objective to say we don’t want taxpayer money to fund illegality,” added Samuel Brunson, a tax law professor at Loyola University in Chicago.

An IRS spokesperson said privacy laws prevent the agency from commenting on individual organizations. A spokesperson for California Attorney General Rob Bonta’s office wouldn’t say whether its Charitable Trusts Section has received or investigated any complaints about the American Phoenix Project.

“To protect its integrity, we can’t discuss potential or ongoing investigations,” the spokesperson wrote in an email.

The FBI has linked dozens of people charged in the Jan. 6 riot at the Capitol to far-right extremist groups. Hostetter’s organization may be the only one of the bunch that’s authorized by the federal government to accept tax-deductible donations.

And the American Phoenix Project may not be the only tax-exempt group that challenged the 2020 election results: Defending the Republic, formed by former Trump lawyer Sidney Powell, describes itself as a nonprofit but isn’t on the IRS list of tax-exempt organizations.

Hostetter, 56, of San Clemente, was arrested on June 10, along with five other men from California on charges that they conspired to stop Congress from certifying Biden’s electoral victory. The indictment links four of his co-defendants to the Three Percenters, a wing of the militia movement.

Another co-defendant, Russell Taylor, joined the board of directors for the American Phoenix Project last year, according to prosecutors. On the eve of the Capitol riot, Taylor spoke at a pro-Trump rally in front of the U.S. Supreme Court as part of a panel of American Phoenix Project speakers, the indictment says.

“We are free Americans and in these streets, we will fight and we will bleed before we allow our freedom to be taken from us,” Taylor said, according to the indictment.

In a video posted on his organization’s YouTube channel less than a month after the election, Hostetter expressed his belief that votes for Trump had been “switched” to Biden and that “some people at the highest levels need to be made an example of with an execution or two or three,” the indictment says.

Three days before the riot, Hostetter posted a message on the American Phoenix Project’s Instagram account about a looming “battle.”

“Things are going to come to a head in the U.S. in the next several days. Stay tuned!” he wrote.

After the riot, Hostetter posted a photo on the same account of himself and Taylor with rioters in the background. He called it “the 2021 version of 1776,” the indictment says.

“That war lasted 8 years. We are just getting started,” he wrote.

Brunson says it would be an “obvious and easy decision” for the IRS to revoke the American Phoenix Project’s tax exemption if it finds that it has used its property for illegal purposes. Whether the group violated the IRS prohibition on political campaigning is a closer call in Brunson’s judgment because the indictment accuses Hostetter of using it to support Trump after he lost the election.

“At some point, Trump stops being a candidate for office,” Brunson said. “Based on the indictment, saying they’re acting illegally is an easier case to make. It’s not going to be super controversial. It’s not going to be super difficult.”

Essayli accused prosecutors of trying to punish Hostetter for expressing his “strong political views” with free speech protected by the First Amendment.

“They have one narrative, a rhetoric in public, and then what they actually bring to court is totally different,” the defense lawyer said.

In reports filed with the IRS and the California attorney general’s office, the American Phoenix Project said it received $10,317 in contributions and spent a total of $53,342 in 2020. That includes $50,000 that it says it spent on a lawsuit challenging California Gov. Gavin Newsom’s COVID-19 restrictions.

More than 480 people have charged with federal crimes related to the riots. While the case against Hostetter and his co-defendants is just beginning, federal prosecutors have started securing plea deals with some rioters. Authorities have brought similar conspiracy cases against members and associates of the Oath Keepers and Proud Boys extremist groups.

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WASHINGTON (AP) — Federal prosecutors will not charge a police officer who shot and killed a woman as she climbed through the broken part of a door during the insurrection at the U.S. Capitol on Jan. 6, the Justice Department said Wednesday.

Authorities had considered for months whether criminal charges were appropriate for the Capitol Police officer who fatally shot Ashli Babbitt, a 35-year-old Air Force veteran from San Diego. The department’s decision, though expected, officially closes out the investigation.

Prosecutors said they had reviewed video of the shooting, along with statements from the officer involved and other officers and witnesses, examined physical evidence from the scene and reviewed the autopsy results.

“Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,” the department said in a statement.

Video clips posted online depict Babbitt, wearing a stars and stripes backpack, stepping up and beginning to go through the waist-high opening of an area of the Capitol known as the Speaker’s Lobby when a gunshot is heard. She falls backward. Another video shows other unidentified people attempting to lift Babbitt up. She can be seen slumping back to the ground.

Mark Schamel, a lawyer for the officer, a lieutenant whose name was not released by the Justice Department, said that the decision to not bring charges was “the only correct conclusion” and that his client had “saved the lives of countless members of Congress and the rioters.”

Prosecutors said Babbitt was part of the mob that was trying to get into the House as Capitol Police officers were evacuating members of Congress from the chamber. The officers used furniture to try to barricade the glass doors separating the hallway from the Speaker’s Lobby to try to stave off the rioters, who kept trying to break through those doors, smashing the glass with flagpoles, helmets and other objects.

At the same time, Babbitt tried climbing through one of the doors where the glass was broken out. A Capitol Police officer inside the Speaker’s Lobby then fired a single round from his service weapon, striking Babbitt in the shoulder, prosecutors said.

Schamel pointed out that the officer fired only one shot and did so only after “clearly identifying himself and ordering the mob not to come through the barricade.”

“He used tremendous restraint in only firing one shot, and his actions stopped the mob from breaking through and turning a horrific day in American history into something so much worse,” Schamel said.

She fell to the ground before a police tactical team rushed into the area and gave first aid. Babbitt was later pronounced dead at a hospital.

Babbitt is one of five people who died as a result of the rioting, including a police officer. Three other people died of medical emergencies.

The Justice Department does not bring criminal charges in most police shootings it investigates in part because of the high burden for prosecution. Criminal charges were not expected in this case because videos of the shooting show Babbitt encroaching into a prohibited space, and second-guessing the actions of an officer during the violent and chaotic day would have been a challenge.

“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” prosecutors said.

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WASHINGTON (AP) — When former President Donald Trump was asked to list those he considers the future leaders of the Republican Party, he quickly rattled off names including Florida Gov. Ron DeSantis and Sens. Josh Hawley and Ted Cruz. Conspicuously absent from the list: Mike Pence.

The former vice president is steadily reentering public life as he eyes a potential run for the White House in 2024. He’s joining conservative organizations, writing op-eds, delivering speeches and launching an advocacy group that will focus on promoting the Trump administration’s accomplishments.

But Trump’s neglect in mentioning Pence during a podcast interview earlier this month signals the former vice president’s unique challenge. For someone who built a reputation as one of Trump’s most steadfast supporters, Pence is now viewed with suspicion among many Republicans for observing his constitutional duty in January to facilitate a peaceful transfer of power to the Biden administration, a decision that still has Trump fuming.

To prevail in a Republican presidential primary, Pence may have to reinforce his loyalty to Trump while defending his decisions during the final days of the administration when the president falsely alleged widespread voter fraud, contributing to a deadly riot at the U.S. Capitol. If anyone can achieve this awkward balance, some Republicans say, it’s Pence.

“Anybody who can pull off an endorsement of Ted Cruz and become Donald Trump’s vice presidential nominee should not be counted out,” said Republican strategist Alice Stewart, who worked for Cruz’s 2016 presidential campaign when Pence endorsed him. “He has a way of splitting hairs and threading the needle that has paid off in the past.”

Pence aides generally brush off talk of the next presidential election. They insist he is focused on his family and next year’s midterm elections, when Republicans are well positioned to regain at least one chamber of Congress. Allies argue that, over time, the anger will subside.

“I think 2024’s a long time away and if Mike Pence runs for president he will appeal to the Republican base in a way that will make him a strong contender,” said Republican Rep. Jim Banks of Indiana, who chairs the conservative Republican Study Committee and has already endorsed a Pence 2024 run. “If and when Mike Pence steps back up to the plate, I think he will have strong appeal among Republicans nationwide.”

Pence declined to comment for this story. For their part, Trump aides warn against reading too much into the omission during the podcast interview.

“That was not an exclusive list,” said Trump adviser Jason Miller. Still, Trump continued to deride Pence in the interview, falsely claiming Pence had the authority to unilaterally overturn the results of the election, even though he did not.

Trump has not said whether he will seek the White House again in 2024. If he doesn’t, other Republicans are making clear they won’t cede the race to Pence. Former Secretary of State Mike Pompeo, for instance, is already visiting the critical primary states of Iowa and New Hampshire.

Since leaving office in January, Pence, who served as Indiana’s governor and a member of Congress before being tapped as Trump’s running mate, has kept a lower profile. He’s pieced together a portfolio aimed at maintaining influence, paying the bills and laying the groundwork for an expected presidential run.

He’s forged a partnerships with the conservative Heritage Foundation and has even been discussed as a potential president of the organization, according to two people familiar with the discussions. He’s joined the Young America’s Foundation and a top speakers’ bureau, penned an op-ed for the Daily Signal in which he perpetuated falsehoods about the 2020 election, and recently toured a Christian relief organization in North Carolina. He will make his first public speech since leaving office next month at the Palmetto Family Council’s annual fundraiser in South Carolina, another crucial primary state.

Pence has also discussed writing a book, according to aides, has been in continued conversation with his evangelical allies, and plans to spend much of the next two years helping Republican candidates as they try to reclaim House and Senate majorities in 2022. He’s also planning to launch an advocacy organization that aides and allies say will give him a platform to defend the Trump administration’s record and push back on the current president’s policies as he tries to merge the traditional conservative movement with Trumpism.

“He’s doing what he needs to be doing to lay the groundwork in the event he wants to set up an exploratory committee,” Stewart said. “You have to make money, lay the groundwork, gauge the support and then pull the trigger.”

Pence’s allies see him as the natural Trump heir, someone who can keep his base engaged while winning back suburban voters who left the party in droves during the Trump era.

“Obviously Mike Pence has a very different persona, a very different tone. That probably is an understatement,” said former Wisconsin Gov. Scott Walker, a longtime friend who now leads the Young America’s Foundation. “As long as he can still talk about the things that Trump voters care about, but do so in a way that’s more reflective of kind of a Midwesterner, that I think … would be attractive to those voters.”

Skeptics, meanwhile, see another old, milquetoast white man saddled with Trump’s baggage, but without his charisma. For these critics, Pence is a sycophant who debased himself for four years to avoid Trump’s wrath — only to take the blame when Trump insisted, wrongly, that Pence could unilaterally overturn the results of the 2020 election.

The anger at Pence took a dangerously personal turn on Jan. 6 when rioters paraded through the Capitol chanting “Hang Mike Pence” as a mob outside set up a makeshift gallows. During Trump’s impeachment trial for sparking the insurrection, video was presented showing Pence being rushed to safety, sheltering in an office with his family just 100 feet from the rioters.

Signs that many in the GOP still hold Pence responsible for losing the election have dotted the highway in many Trump strongholds, where masking tape and markers block out his name on Trump-Pence flags and lawn signs.

Meanwhile, others, like Pompeo, are trying to claim the Trump mantle without as much baggage.

“In many ways I think his future’s in Trump’s hands,” longtime Republican pollster Whit Ayres said of Pence. If Trump publicly praises Pence as a loyal lieutenant, Ayers said, he can see him being a viable candidate. But if Trump continues to publicly blame Pence for their loss in November, “he’s toast,” Ayres said.

In the meantime, Pence has tried to project the impression that he and the former president have mended fences, referencing their conversations at a meeting last month with members of the conservative Republican Study Committee. Pence and Trump have spoken multiple times since leaving office, according to aides for both men.

“He was very complementary of President Trump and he told us that he and President Trump had been talking and reminiscing about the great accomplishments of the administration and all of that,” said Rep. Mike Johnson, R-La., who attended.

While Johnson acknowledged the tensions during the final days of the administration “obviously adds a degree of difficulty” for Pence, he argued that the former vice president could overcome trepidation with a focus on Trump’s policy achievements.

“He helped achieve those and so lays claim to that legacy,” Johnson said.

“I think if he does get in he’s a viable candidate,” added Rep. Jeff Duncan of South Carolina, whose endorsement could provide Pence with a boost if he becomes a candidate. “He’s a force to be reckoned with.”

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The former acting U.S. attorney in the nation’s capital likely violated Justice Department rules when he gave an interview to CBS’ “60 Minutes” about the investigation into the Jan. 6 Capitol attack, and has been referred to an internal office for review, a prosecutor said Tuesday.

The chief of the criminal division for the U.S. attorney’s office in the District of Columbia made the comments after a federal judge scolded the Justice Department over the TV interview along with another recent news report and warned that further press statements could lead to a gag order or sanctions.

“These types of statements in the media have the potential to affect the jury pool and the rights of these defendants,” U.S. District Judge Amit Mehta said during a hearing held via videoconference in the case against 10 members and associates of the far-right extremist group Oath Keepers, who are charged with conspiracy in the attack.

“Let this hearing serve as notice on the Department of Justice that I will not tolerate continued publicity in the media that I believe affects the fair trial rights of these defendants,” the judge said.

The flap over the interview highlights the Justice Department’s challenges in handling the sprawling case that involves hundreds of defendants from across the country. Prosecutors have sometimes struggled to maintain a consistent narrative across multiple cases, and have had to walk back some statements made in court hearings or papers because they weren’t in line with what leaders were prepared to publicly argue.

Mehta said he was “surprised to say the least” to see Michael Sherwin, who until recently was leading the investigation into the Jan. 6 riot, discussing the cases on “60 Minutes.” During the interview, which aired Sunday days after Sherwin was replaced as Washington’s top prosecutor, Sherwin suggested that some of the rioters could face rarely used sedition charges.

“I personally believe the evidence is trending towards that, and probably meets those elements,” Sherwin said.

Sherwin first floated the possibility of seditious conspiracy charges, which carry up to to 20 years in prison, in January and has said that a special group of prosecutors was examining whether they would apply to any of the rioters. But prosecutors have yet to levy the charge in any of the cases.

The criminal division chief, John Crabb, said the “60 Minutes” matter has been referred to the Justice Department’s Office of Professional Responsibility for investigation. Crabb said the Department also plans to investigate a New York Times article quoting anonymous sources that said prosecutors have been weighing bringing sedition charges against members of the Oath Keepers.

“We understand and we share the court’s concerns about the media contacts and disclosures that have been made,” Crabb said. “The Department has already taken steps with respect to both of those.”

More than 300 people have been charged so far in the Jan. 6 riot and prosecutors have said up to 100 more people are expected to face charges. The most serious conspiracy charges have been brought against members of the Oath Keepers and fellow extremist Proud Boys faction, who authorities say came to Washington prepared to stop the peaceful transition of power.

Also on Tuesday, a federal judge ordered pretrial detention for Timothy Hale-Cusanelli, a man described by prosecutors as a white supremacist and Nazi sympathizer, charged with storming the Capitol.

Hale-Cusanelli, a military veteran, wore a “Hitler mustache” while on duty as a security contractor at at Naval Weapons Station Earle in Colts Neck, New Jersey, where he had a “secret” security clearance, prosecutors say. U.S. District Judge Trevor McFadden concluded that Hale-Cusanelli poses a danger to the public, saying the defendant has a “well-documented” history of racist and violent rhetoric, including talk of another civil war.

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Four men described as leaders of the far-right Proud Boys have been charged in the U.S. Capitol riots, as an indictment ordered unsealed on Friday presents fresh evidence of how federal officials believe group members planned and carried out a coordinated attack to stop Congress from certifying President Joe Biden’s electoral victory.

So far, at least 19 leaders, members or associates of the neo-fascist Proud Boys have been charged in federal court with offenses related to the Jan. 6 riots. The latest indictment suggests the Proud Boys deployed a much larger contingent in Washington, with over 60 users “participating in” an encrypted messaging channel for group members that was created a day before the riots.

The Proud Boys abandoned an earlier channel and created the new “Boots on the Ground” channel after police arrested the group’s top leader, Enrique Tarrio, in Washington. Tarrio was arrested on Jan. 4 and charged with vandalizing a Black Lives Matter banner at a historic Black church during a protest in December. He was ordered to stay out of the District of Columbia.

Tarrio hasn’t been charged in connection with the riots, but the latest indictment refers to him by his title as Proud Boys’ chairman.

Ethan Nordean and Joseph Biggs, two of the four defendants charged in the latest indictment, were arrested several weeks ago on separate but related charges. The new indictment also charges Zachary Rehl and Charles Donohoe.

All four defendants are charged with conspiring to impede Congress’ certification of the Electoral College vote. Other charges in the indictment include obstruction of an official proceeding, obstruction of law enforcement during civil disorder and disorderly conduct.

Nordean, 30, of Auburn, Washington, was a Proud Boys chapter president and member of the group’s national “Elders Council.” Biggs, 37, of Ormond Beach, Florida, is a self-described Proud Boys organizer. Rehl, 35, of Philadelphia, and Donohoe, 33, of North Carolina, serve as presidents of their local Proud Boys chapters, according to the indictment.

A lawyer for Biggs declined to comment. Attorneys for the other three men didn’t immediately respond to messages seeking comment Friday.

Proud Boys members, who describe themselves as a politically incorrect men’s club for “Western chauvinists,” have frequently engaged in street fights with antifascist activists at rallies and protests. Vice Media co-founder Gavin McInnes, who founded the Proud Boys in 2016, sued the Southern Poverty Law Center for labeling it as a hate group.

The Proud Boys met at the Washington Monument around 10 a.m. on Jan. 6 and marched to the Capitol before then-President Donald Trump finished addressing thousands of supporters near the White House.

Around two hours later, just before Congress convened a joint session to certify the election results, a group of Proud Boys followed a crowd of people who breached barriers at a pedestrian entrance to the Capitol grounds, the indictment says. Several Proud Boys also entered the Capitol building itself after the mob smashed windows and forced open doors.

At 3:38 p.m., Donohoe announced on the “Boots on the Ground” channel that he and others were “regrouping with a second force” as some rioters began to leave the Capitol, according to the indictment.

“This was not simply a march. This was an incredible attack on our institutions of government,” Assistant U.S. Attorney Jason McCullough said during a recent hearing for Nordean’s case.

Prosecutors have said the Proud Boys arranged for members to communicate using specific frequencies on Baofeng radios. The Chinese-made devices can be programmed for use on hundreds of frequencies, making them difficult for outsiders to eavesdrop.

After Tarrio’s arrest, Donohoe expressed concern that their encrypted communications could be “compromised” when police searched the group chairman’s phone, according to the new indictment. In a Jan. 4 post on a newly created channel, Donohoe warned members that they could be “looking at Gang charges” and wrote, “Stop everything immediately,” the indictment says.

“This comes from the top,” he added.

A day before the riots, Biggs posted on the “Boots on the Ground” channel that the group had a “plan” for the night before and the day of the riots, according to the indictment.

In Nordean’s case, a federal judge accused prosecutors of backtracking on their claims that he instructed Proud Boys members to split up into smaller groups and directed a “strategic plan” to breach the Capitol.

“That’s a far cry from what I heard at the hearing today,” U.S. District Judge Beryl Howell said on March 3.

Howell concluded that Nordean was extensively involved in “pre-planning” for the events of Jan. 6 and that he and other Proud Boys “were clearly prepared for a violent confrontation” that day. However, she said evidence that Nordean directed other Proud Boys members to break into the building is “weak to say the least” and ordered him freed from jail before trial.

On Friday, Howell ordered Proud Boys member Christopher Worrell detained in federal custody pending trial on riot-related charges. Prosecutors say Worrell traveled to Washington and coordinated with Proud Boys leading up to the siege.

“Wearing tactical gear and armed with a canister of pepper spray gel marketed as 67 times more powerful than hot sauce, Worrell advanced, shielded himself behind a wooden platform and other protestors, and discharged the gel at the line of officers,” prosecutors wrote in a court filing.

Defense attorney John Pierce argued his client wasn’t aiming at officers and was only there in the crowd to exercise his free speech rights.

“He’s a veteran. He loves his country,” Pierce said.

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WASHINGTON (AP) — U.S. officials have arrested and charged two men with assaulting U.S. Capitol Police officer Brian Sicknick with bear spray during the Jan. 6 riot, but they do not know yet whether it caused the officer’s death.

George Tanios, 39, of Morgantown, West Virginia, and Julian Khater, 32, of Pennsylvania, were arrested Sunday on an array of charges, including assaulting a federal officer with a dangerous weapon, conspiracy and other offenses. The idea that Sicknick died after being sprayed by a chemical irritant has emerged in recent weeks as a new theory in the case.

The arrests are the closest federal prosecutors have come to identifying and charging anyone associated with the deaths that happened during and after the riot. Five people died, including a woman who was shot by a police officer inside the Capitol. But many rioters are facing charges of injuring police officers, who were attacked with bats, sprayed with irritants, punched and kicked, and rammed with metal gates meant to keep the insurrectionists from the Capitol.

Investigators initially believed that Sicknick was hit in the head with a fire extinguisher, based on statements collected early in the investigation, according to two people familiar with the case. But as they’ve collected more evidence, the theory of the case has evolved and investigators now believe Sicknick may have ingested a chemical substance — possibly bear spray — that may have contributed to his death, officials have said.

Sicknick and other officers were standing guard behind metal bicycle racks as the mob descended on the Capitol on Jan. 6.

“Give me that bear shit,” Khater said before he reached into Tanios’ backpack, according to court papers. Tanios told Khater “not yet” because it was “still early,” but Tanios responded that “they just f—ing sprayed me.” Khater was then seen holding a can of chemical spray, prosecutors say.

Khater walked through the crowd toward the bike rack barrier. Rioters began pulling on one of the racks, and Khater was seen with his arm in the air and the canister in his hand while standing just 5-to-8 feet from the officers, authorities said.

Video footage shows the officers reacting one by one — bringing their hands to their face and rushing to find water to flush out their eyes — after they were hit with the spray, according to court papers.

Another officer eventually spotted Khater deploying the substance and sprayed Khater himself, authorities said.

The men each made brief court appearances from jail via videoconference on Monday and will remain locked up pending future hearings. A detention hearing was scheduled for Thursday for Tanios.

An email seeking comment was sent to Tanios’ lawyer. A person who answered the phone at the office of Khater’s lawyer said they had no comment.

In a statement Monday, Capitol Police Acting Chief Yogananda Pittman called the attack on the Capitol and its officers “an attack on our democracy.”

“Those who perpetrated these heinous crimes must be held accountable, and — let me be clear — these unlawful actions are not and will not be tolerated by this Department,” Pittman said.

The FBI had obtained video of the incident and released photos of both of the men, but did not indicate in wanted posters that they were being sought in connection with Sicknick’s death. A former colleague identified Khater and the FBI received a tip from Tanios’ former business partner, who also alleged he embezzled hundreds of thousands of dollars from their business, court papers said.

Tanios operates a greasy spoon called Sandwich U in Morgantown, home of West Virginia University.

On social media, he has referred to himself as the “Sandwich Nazi” and has tangled with customers and former employees in online comments. In 2019 on Instagram, he gleefully promoted a one-star Google review that said, “If donald trump was a restaurant manager, this is who he would be.”

A photo at the Capitol cited in his charging document shows him wearing a sweatshirt with the logo of his restaurant.

Sicknick died after defending the Capitol against the mob that stormed the building as Congress was voting to certify Joe Biden’s electoral win over Donald Trump. It came after Trump urged supporters on the National Mall to “fight like hell” to overturn his defeat.

The circumstances surrounding Sicknick’s death remain unclear, and a final cause of death has not been determined. Capitol Police have said he died after he was injured “while physically engaging with protesters” and the agency’s acting chief said officials consider it a line-of-duty death.

Sicknick collapsed later on and died at a hospital on Jan. 7. The Justice Department opened a federal murder investigation into his death, but prosecutors are still evaluating what other specific charges could be brought in the case and the probe continues, officials have said.

The medical examiner’s report on Sicknick’s death is incomplete and no cause of death has been made public. Capitol Police say they are awaiting toxicology results.

The FBI has already released about 250 photos of people being sought for assaulting federal law enforcement officers during the riot. Some have already been arrested, and the Justice Department said about 300 people have been charged with federal offenses related to the riot.

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NEW YORK (AP) — Two men wanted in the deadly riot at the U.S. Capitol were arrested over the weekend, including one who reportedly served as a bodyguard to former President Donald Trump’s longtime political confidant Roger Stone, federal authorities said Monday.

Roberto Minuta breached the Capitol grounds and “aggressively berated and taunted U.S. Capitol police officers” during the Jan. 6 insurrection, the FBI said in court papers.

Minuta, 36, of Hackettstown, New Jersey, had been “equipped with military-style attire and gear, including apparel emblazoned with a crest related to the Oath Keepers,” the FBI said, referring to the far-right antigovernment militia.

The New York Times identified Minuta as one of six people who provided security to Stone in the hours before the assault on the Capitol. Stone, who was pardoned after his sentence for several felony charges was initially commuted by Trump, was in Washington the day of the assault but has denied any involvement.

Minuta owns a tattoo shop in Newburgh, New York. It was not immediately known whether he had a defense attorney.

Also arrested over the weekend was Isaac Steve Sturgeon, 32, of Dillon, Montana, who is charged with shoving a metal police barricade into police officers during the insurrection, according to court records.

Authorities said he was identified through police body camera video and photographs posted to social media.

The FBI said Sturgeon, who owns a lawn care business, traveled to Kenya on Jan. 24 and was deported from that country to New York. He was arrested Saturday at John F. Kennedy International Airport.

Sturgeon told a federal magistrate Monday he “wasn’t trying to flee,” adding he’s a frequent traveler.

His defense attorney declined to comment on the charges.

Prosecutors said Sturgeon faces up to 20 years in prison if convicted.

At least five people, including a Capitol Police officer, died as a result of the violence at the Capitol, and two other officers killed themselves after. More than 300 people have been charged with federal crimes.

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