DOJ Drops Felony Charge Against Alleged Capitol Rioter Who Never Entered the Capitol


A protester present during the Jan. 6 Capitol incursion pleaded guilty last week to a misdemeanor disorderly conduct charge as the Department of Justice dropped a felony charge against him.

Brandon Straka, founder of the #WalkAway campaign encouraging liberals to leave the Democratic Party, faces a maximum of six months in prison, according to the Post Millennial.

His guilty plea was part of a deal in which he agreed to sit down for an interview with federal authorities and turn over evidence.

In January, Straka was hit with several charges connected to the storming of the Capitol, including impeding police during civil disorder, a felony carrying a maximum five-year prison sentence.

Straka spoke at the “Stop the Steal” rally that took place before the riot, WUSA-TV reported. He is the only speaker at the rally to be charged in connection to the events of Jan. 6.

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Prosecutors conceded in a criminal complaint that Straka never set foot in the Capitol building, although he allegedly encouraged others to attack a police officer and steal his riot shield.

The criminal complaint also quotes Straka’s Twitter account.

“I arrived at the Capitol a few hours ago as Patriots were storming from all sides,” he allegedly wrote.

“I was quite close to entering myself as police began tear gassing us from the door. I inhaled tear gas & got it in my eyes. Patriots began exiting shortly after saying Congress had been cleared.”

“I’m completely confused. For 6-8 weeks everybody on the right has been saying ‘1776!’ & that if congress moves forward it will mean a revolution!” another tweet read. “So congress moves forward. Patriots storm the Capitol — now everybody is virtual signaling their embarrassment that this happened.”

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“Also- be embarrassed & hide if you need to- but I was there. It was not Antifa at the Capitol. It was freedom loving Patriots who were DESPERATE to fight for the final hope of our Republic because literally nobody cares about them. Everyone else can denounce them. I will not.”

This month, U.S. District Court Judge Trevor McFadden suggested that charges against the rioters were the result of ideological bias, comparing the Capitol incursion to the wave of unrest triggered by the death of George Floyd in May 2020.

“The U.S. Attorney’s Office would have more credibility if it was even-handed in its concern about riots and mobs in the city,” McFadden said in sentencing a woman for having entered the Capitol during the Jan. 6 chaos.

Prosecutors had recommended two months of home confinement for defendant Danielle Doyle. McFadden instead fined her $3,000, with an additional $500 to cover damage to the Capitol.

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The Trump-appointed judge said Doyle was “acting like those looters and rioters who attacked our city last year.”

He went on to say she had “participated in a shameful event, a national embarrassment that, like last year’s riots, made us feel less safe and less confident that our country could be governed by democratic values and not mob rule.”

U.S. District Court Judge Dabney Friedrich set Draka’s sentencing date for Dec. 17.

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