{"id":1390980,"date":"2022-03-21T01:00:24","date_gmt":"2022-03-21T05:00:24","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1390980"},"modified":"2022-03-21T05:15:15","modified_gmt":"2022-03-21T09:15:15","slug":"hes-facing-20-years-for-january-6-charges-his-lawyers-say-he-just-went-to-protest","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/hes-facing-20-years-for-january-6-charges-his-lawyers-say-he-just-went-to-protest\/","title":{"rendered":"He\u2019s Facing 20 Years For January 6 Charges. His Lawyers Say He Just Went To Protest."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fhes-facing-20-years-for-january-6-charges-his-lawyers-say-he-just-went-to-protest%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1390980&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p><span>Brady Knowlton entered the U.S. Capitol building at <\/span><span>2:35 p.m.\u00a0<\/span><span>on January 6, 2021. Like hundreds of other people that day, he walked the halls of Congress \u2014 first the Rotunda, then the lobby, then the Senate chamber <\/span><span>gallery.<\/span><\/p>\n<p><span>A 40-year-old law student, Knowlton and a friend gained access to the Capitol through the Upper West Terrace doors. To do so, they and others passed <\/span><span>several police officers <\/span><span>walking in their opposite direction, according to footage and <\/span><span>discovery materials <\/span><span>reviewed by The Daily Wire. Knowlton told The Daily Wire that an officer said, <\/span><span>\u201cYou can go in, as long as you don\u2019t break anything.\u201d He says he watched police shake hands with protestors. He broke nothing, and left after 18 minutes.<\/span><\/p>\n<p><span>He now faces about\u00a0<\/span><span>20 years <\/span><span>in prison. <\/span><span>His law degree has been withheld, his lawyers say, <\/span><span>Airbnb has banned him and his wife, and, for reasons that remain undisclosed, the U.S. Customs and Border Protection has <\/span><span>stripped his Global Entry access.<\/span><\/p>\n<p><span>The FBI <\/span><a href=\"https:\/\/americangulag.org\/wp-content\/uploads\/2021\/08\/6-Arrest-Warrant-Returned-Executed-on-04.07.2021-in-George-UT-as-to-BRADY-KNOWLTON..pdf\"><span>arrested<\/span><\/a><span> him in April. The <\/span><span>Department of Justice (DOJ) has <\/span><a href=\"https:\/\/www.justice.gov\/usao-dc\/case-multi-defendant\/file\/1389206\/download\"><span>charged<\/span><\/a><span> him with obstruction of an official proceeding, entering or remaining in a restricted building or grounds, disorderly conduct in a Capitol building, and other misdemeanors.<\/span><\/p>\n<p><span>FBI agents also raided his home and searched it. Documents obtained by The Daily Wire show they were looking for items that were not found. This included<\/span><span>\u00a0evidence \u201cconcerning the breach and unlawful entry\u201d of the Capitol, \u201cof any conspiracy, planning, or preparation,\u201d Capitol \u201cmaps or diagrams,\u201d or \u201cmaterials, devices, or tools\u201d used to breach it.<\/span><\/p>\n<p><span>The FBI declined The Daily Wire\u2019s request for comment.<\/span><\/p>\n<h2><b>A First Amendment Case<\/b><\/h2>\n<p><span>At least 800 people have been <\/span><a href=\"https:\/\/www.justice.gov\/usao-dc\/capitol-breach-cases?combine=&#038;order=changed&#038;sort=desc\"><span>charged<\/span><\/a><span> in the Capitol riot, and hundreds with obstruction.<\/span><\/p>\n<p><span>But Knowlton, now 41, has recruited a team of high-profile attorneys who hope the court examines the evidence without judging him by the actions of other defendants. They view his case as having major First Amendment implications.<\/span><\/p>\n<p><span>\u201cHe went to Washington to exercise his First Amendment right to petition the government for what he believed was a redress of grievances,\u201d Alan Dershowitz, an attorney for Knowlton, told The Daily Wire in an interview. \u201cAnd he\u2019s been lumped together with people who caused damage or who intended to obstruct. He wasn\u2019t intending to do that. He just intended to protest.\u201d<\/span><\/p>\n<p><span>A few minutes before Knowlton entered the Capitol, police held the door for a group of protesters inside who exited through the Upper West Terrace. Soon after, another protestor held the exterior door open and waved for others to flood in. The defendant\u2019s lawyers say Knowlton heard a message echo through the crowd that officers were allowing people inside.<\/span><\/p>\n<p><span>Surveillance footage <\/span><a href=\"https:\/\/medvinlaw.com\/case-result-january-6-capitol-protest-the-parading-rabbi\/\"><span>shot<\/span><\/a><span> inside the Capitol after Knowlton entered corroborates that officers were shaking hands with protestors \u2014 furthering an argument held by some January 6 defense attorneys that police did not take necessary steps to protect the building. At 2:51 p.m., Knowlton and a group walked peacefully with an \u201cofficer escort\u201d and left two minutes later, according to a memo based on discovery.<\/span><\/p>\n<p><span>Hundreds of protestors trekked through the Upper West Terrace doors, as officers turned their backs, until 2:47 p.m. <\/span><span>The U.S. Capitol Police declined to comment.<\/span><\/p>\n<div id=\"attachment_357249\" class=\"wp-caption aligncenter\">\n<p id=\"caption-attachment-357249\" class=\"wp-caption-text\">Brady Knowlton outside the U.S. Capitol on January 6, 2021. Credit: FBI.<\/p>\n<\/div>\n<h2><b>\u2018Unprecedented\u2019 Statute Use<\/b><\/h2>\n<p><span>Knowlton\u2019s attorneys cite judicial precedent as a key factor in showing his innocence. He was nonviolent and not \u201cstopped or told by any officer\u201d that his conduct was \u201cunlawful or prohibited in any way,\u201d they say.<\/span><\/p>\n<p><span>But arguably the most significant prosecution flaw, the lawyers say, is the DOJ\u2019s decision to prosecute him for obstructing a congressional \u201cproceeding.\u201d Ronald Sullivan, who directs <\/span><span>Harvard Law School\u2019s Criminal Justice Institute<\/span><span> and is an attorney for Knowlton, called it \u201ca unique\u201d and \u201cunprecedented use of the statute.\u201d<\/span><\/p>\n<p><span>Section 1512, which <\/span><a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/1512\"><span>carries a hefty sentence<\/span><\/a><span> and could have the effect of \u201cstrongly encouraging defendants to accept plea bargains,\u201d has never before been applied to protests \u201cof this sort, or any sort,\u201d Sullivan said in an interview.<\/span><\/p>\n<p><span>David Warrington, a constitutional lawyer who is a partner at Dhillon Law Group, told The Daily Wire that the statute relates to things like the destruction or alteration of evidence and witness tampering \u2014 not an electoral certification.<\/span><\/p>\n<p><span>Warrington said its usage by the DOJ against defendants who trespassed, vandalized, or committed violence is \u201cunprecedented\u201d and an \u201cexpansion\u201d of its scope. Lawyers who The Daily Wire interviewed questioned whether the certification of an election even constitutes an \u201cofficial proceeding.\u201d<\/span><\/p>\n<p><span>In a <\/span><a href=\"https:\/\/americangulag.org\/wp-content\/uploads\/2021\/08\/60-SUPPLEMENT-by-PATRICK-MONTGOMERY-BRADY-KNOWLTON-re-39-MOTION-to-Dismiss-Count-Ten-of-the-Indictment.pdf\"><span>motion to dismiss<\/span><\/a><span> the obstruction charge, Knowlton\u2019s attorneys contrasted how, ahead of the 2018 vote to confirm Supreme Court Justice Brett Kavanaugh, protestors ignored barricades and occupied the office of then-Senate Judiciary Chair Chuck Grassley (R-IA). Hundreds were arrested on Capitol Hill. However, there remains \u201cno record or indication\u201d any were charged with \u201cobstructing that proceeding,\u201d the motion states.<\/span><\/p>\n<p><span>Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, says the DOJ has been engaging in \u201cbroad overreach\u201d with respect to the Capitol riot and has been \u201cmanufacturing serious charges against individuals who were involved in criminal trespass.\u201d He called it an \u201cabuse\u201d of \u201claw enforcement authority.\u201d<\/span><\/p>\n<p><span>The U.S. Attorney\u2019s Office in D.C. declined to comment on Knowlton\u2019s case. Prosecutors <\/span><span>previously <a href=\"https:\/\/www.fox13now.com\/news\/local-news\/new-video-shows-utah-man-confronting-officers-during-capitol-riot\">cited footage<\/a>, <\/span><span>in a court filing, of Knowlton telling officers outside then-Senate Minority Leader Chuck Schumer\u2019s (D-NY) office, \u201cOur vote doesn\u2019t matter, so we came here for a change,\u201d as evidence of him knowingly obstructing Congress.<\/span><\/p>\n<h2><b>Institutional Wrath<\/b><\/h2>\n<p><span>Knowlton has also faced repercussions outside of the legal system.<\/span><\/p>\n<p><span>As part of its Capitol Safety Plan, Airbnb <\/span><a href=\"https:\/\/news.airbnb.com\/airbnb-announces-capitol-safety-plan-for-the-inauguration\/\"><span>announced<\/span><\/a><span> prior to President Joe Biden\u2019s inauguration that \u201cindividuals identified as involved in criminal activity\u201d on January 6 would be banned. This included those \u201cassociated with violent hate groups.\u201d<\/span><\/p>\n<p><span>An executive at a financial consulting firm who <\/span><a href=\"https:\/\/americangulag.org\/wp-content\/uploads\/2021\/08\/55-Unopposed-MOTION-to-Travel-by-BRADY-KNOWLTON.pdf\"><span>travels<\/span><\/a><span> to Mexico for business, Knowlton was labeled a security risk and banned from the platform. <\/span><span>His wife Bekka, who faces no charges, was informed in May that she was banned for her affiliation with \u201csomeone not permitted to be on Airbnb,\u201d presumably referencing Knowlton.<\/span><\/p>\n<p><span>\u201cWhen we remove a user, we may also take action to suspend the accounts of people who are closely connected or likely to travel with that removed user \u2014 such as a spouse,\u201d an Airbnb spokesperson told The Daily Wire.<\/span><\/p>\n<p><span>In April, CBP removed Knowlton\u2019s Global Entry access under the Trusted Travel Program \u2014 which allows expedited clearance for low-risk and pre-approved travelers upon arrival in the U.S. The agency did not respond to The Daily Wire\u2019s request for comment.<\/span><\/p>\n<div id=\"attachment_357290\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-357290\" class=\"wp-image-357290 size-large\" src=\"https:\/\/www.dailywire.com\/wp-content\/uploads\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-1024x416.png\" alt=\"\" width=\"1024\" height=\"416\" srcset=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-1024x416-1.png 1024w, https:\/\/dw-wp-production.imgix.net\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-300x122.png 300w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-768x312-1.png 768w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-1536x625-1.png 1536w, https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/03\/Screen-Shot-2022-03-19-at-9.16.00-PM-2048x833-1.png 2048w\" \/><\/p>\n<p id=\"caption-attachment-357290\" class=\"wp-caption-text\">CBP\u2019s email to Knowlton, April 4, 2021.<\/p>\n<\/div>\n<p><span>Knowlton was also set to graduate from The University of Denver\u2019s law school in May. But later that month, the student was told that he may have violated its honor code and other policies, such as \u201cendangerment,\u201d \u201charassment,\u201d \u201cproperty damage,\u201d and \u201cviolation of the law,\u201d according to a letter obtained by The Daily Wire.<\/span><\/p>\n<p><span>Nearly two months later, the director of student rights and responsibilities told him the school would \u201cdefer\u201d scheduling of his conduct resolution hearing. Now, the school is withholding his degree, Knowlton\u2019s lawyers say.<\/span><\/p>\n<p><span>The University of Denver declined to confirm whether they are withholding his degree, citing federal laws barring it from releasing academic records. The school also declined numerous requests asking for reasons a student might have their degree withheld.<\/span><\/p>\n<p><span>The defendant\u2019s attorneys are hoping that the Washington jury, which has not been selected yet, puts aside any potential bias<\/span> <a href=\"https:\/\/drive.google.com\/viewerng\/viewer?url=http:\/\/storage.courtlistener.com\/recap\/gov.uscourts.dcd.228577\/gov.uscourts.dcd.228577.45.0.pdf\"><span>in light of<\/span><\/a><span> a poll <\/span><span>showing 73% of D.C. voters think anyone in the Capitol should be guilty of insurrection. Sixty-four percent said anyone inside should be responsible for property destruction and violence done by other protestors.<\/span><\/p>\n<p><span>\u201cThey\u2019ve done something very un-American,\u201d said Dershowitz. \u201cThe prosecution has lumped everybody together and they haven\u2019t individualized the cases. We\u2019re insisting on individualized justice. We want justice for what Brady did, not what other people may have done. There was no conspiracy here.\u201d<\/span><\/p>\n<p><span>A federal judge <\/span><a href=\"https:\/\/s3.documentcloud.org\/documents\/21398318\/us-v-miller-ruling-motion-to-dismiss.pdf\"><span>ruled this month<\/span><\/a><span> to dismiss a count of January 6 defendant Garret Miller\u2019s superseding indictment charging him with obstruction under the same statute used for Knowlton. The move sets a precedent, Warrington says.<\/span><\/p>\n<p><span>\u201cJudge Nichols\u2019 holding places the government on notice that in all of the January 6th cases where it has charged obstruction under 1512(c) for trespass or even violence, that those alleged crimes are not the types of criminal acts covered by the federal obstruction statute,\u201d the lawyer said.<\/span><\/p>\n<p><span>Knowlton has pleaded not guilty. A status hearing is scheduled for Tuesday.<\/span><\/p>\n<p><i>Send story tips to Gabe Kaminsky at\u00a0<\/i><a href=\"mailto:gekaminsky@protonmail.com\"><i>gekaminsky@protonmail.com<\/i><\/a><i>. Follow him\u00a0<\/i><a href=\"https:\/\/twitter.com\/gekaminsky\"><i>on Twitter<\/i><\/a><i>.<\/i><\/p>\n<p><em>The Daily Wire is building up its investigative reporting team to bring you the stories the legacy media refuse to cover. Support journalism that matters and join one of the fastest-growing conservative media companies in America by becoming a Daily Wire member <a class=\"in-cell-link\" href=\"https:\/\/www.dailywire.com\/subscribe\" target=\"_blank\" rel=\"noopener\">today<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Brady Knowlton entered the U.S. Capitol building at 2:35 p.m.\u00a0on January 6, 2021. Like hundreds of other people that day, he walked the halls of Congress \u2014 first the Rotunda,<\/p>\n","protected":false},"author":1,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1390980","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1390980","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1390980"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1390980\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1390980"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1390980"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1390980"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}