Staff Report –

WASHINGTON, D.C. — Two more radical, right-wing domestic terrorists who supported Donald Trump’s insurrection and attempted coup at the U.S. Capitol on Jan. 6, 2021, face consequences for their violent actions on that infamous day in American history.

Colorado Man Sentenced For Assault on Law Enforcement During Capitol Breach

A Colorado man was sentenced to prison this week for assaulting law enforcement officers during the breach of the U.S. Capitol on Jan. 6, 2021, actions that disrupted a joint session of Congress convened to certify the electoral votes in the 2020 presidential election.

Robert Gieswein, 26, of Woodland Park, Colorado, was sentenced to 48 months in prison for two counts of assaulting, resisting, or impeding officers. In addition to the prison term, U.S. District Court Judge Trevor N. McFadden ordered 36 months of supervised release, and restitution of $2,000 to the Architect of the Capitol, according to a press release from the U.S. Department of Justice.

According to court documents, on Jan. 6, 2021, Gieswein encountered a small group of Proud Boys members in downtown Washington, D.C. Gieswein was dressed in a camouflage paramilitary kit, and he was carrying a baseball bat. These individuals invited Gieswein to stay with them throughout the day.

At some point, one of the Proud Boys members gave Gieswein a piece of orange duct tape to place on his helmet for the purpose of identifying him as a “friendly.” Gieswein walked with the small group of Proud Boys to the area surrounding the Washington Monument, where he encountered a large group of individuals who identified as Proud Boys members and others.

Shortly after 10 a.m., Gieswein marched with the group of Proud Boys from the Washington Monument to the Capitol. After marching with the Proud Boys group for nearly three hours, Gieswein arrived at the Peace Monument shortly before 1 p.m.

A large mob, including the defendant, rushed into the restricted area of the Capitol grounds and ultimately to the plaza to the west of the Capitol. While in the west plaza, Gieswein participated with other rioters in, among other things, pushing on a barricade held by police that they were using to set a line between themselves and the rioters.

Gieswein was stopped by a man with a microphone and asked how he was doing. In response, Gieswein stated, among other things, that “this” was “crazy,” and that he “would die for this.” Asked what the solution was to “this right here,” Gieswein stated, to “execute these fascists.” Moments prior to making the statement, the defendant threw a water bottle at a line of police officers.

Shortly before 2 p.m., the crowd pushed up the stairs under the Inauguration scaffolding that led from the west plaza to the upper west terrace, and Gieswein joined in this push. At the top of the stairs, the defendant sprayed an aerosol irritant at three members of the U.S. Capitol Police, who were attempting to prevent the crowd from further advancing toward the Capitol building.

Defendant Gieswein continued to advance with the crowd toward the Capitol building and, again, met a line of officers attempting to prevent the crowd from advancing. Gieswein sprayed his aerosol canister at a line of officers at the top of the stairs leading to the upper west terrace. Gieswein was one of the first rioters to reach the façade of the building, and he watched as the window adjacent to the Senate wing door was breached at approximately 2:13 p.m.

He entered through that window, and he was one of the first rioters to enter the building. At approximately 2:29 p.m., the defendant again sprayed his aerosol substance at two other Capitol Police officers.

At approximately 2:34 p.m., the defendant sprayed his aerosol substance at a group of officers who were in the process of arresting another rioter. At least one officer was hit by the spray and experienced a bodily injury. In response, officers attempted to arrest Gieswein, and a scuffle ensued. Gieswein attempted to punch at least one officer.

Inside the Rotunda, shortly after 3 p.m., Gieswein participated with other rioters in pushing against a group of police officers who were trying to prevent the rioters from advancing up a hallway that led to the House Speaker’s office. Gieswein and others were unable to break through the line of officers and were pushed back into the Rotunda. Shortly thereafter, the defendant exited the Capitol.

This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Colorado.

This case was investigated by the FBI Denver Field Office and the FBI’s Washington Field Office, which identified Gieswein as #10 in its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

Michigan Man Found Guilty of Assault on Law Enforcement During Capitol Breach

A Michigan man was found guilty at a stipulated trial in the District of Columbia on Thursday, June 22, 2023, of two felony charges for his actions during the Jan. 6, 2021, Capitol breach.

Michael Joseph Foy, 32, of Wixom, Michigan, was convicted of assaulting, resisting, or impeding certain officers and obstruction of an official proceeding and aiding and abetting. The stipulated trial was held before U.S. District Court Judge Tanya S. Chutkan, according to a press release from the Department of Justice.

A sentencing hearing was scheduled for Nov. 6, 2023.

According to the stipulated facts, on Jan 6, 2021, Foy traveled from his home of Wixom, Michigan, to Washington, D.C., to attend the “Stop the Steal” rally on the Ellipse. After the speeches concluded at the rally, Foy made his way to the U.S. Capitol grounds intending to stop or prevent Congress from certifying the Electoral College vote results.

At approximately 2 p.m., Foy joined the crowd gathering on the west front of the Capitol grounds and marched with others past “AREA CLOSED” signs and discarded bike racks that once had been a barrier and went onto the scaffolding with other rioters. He carried in his hand an ice hockey stick, which he brought from home and with which he would assault a Metropolitan Police Department (MPD) Officer.

According to court records, sometime after 4 p.m., Foy made his way to the lower west terrace of the Capitol and stood at the front of the line of rioters facing members of the U.S. Capitol Police and the MPD. Court documents say that Foy then willfully and deliberately used his hockey stick to assault MPD Officer and tossed a metal pole in the direction of law enforcement. Video captured from that area of the Capitol shows Foy using his hockey stick to repeatedly strike an MPD Officer in the face, head, neck, and body area.

Additional images of video taken from the Capitol breach show Foy crawling through a broken window into the Capitol and present at various locations inside and outside the building.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of Michigan.

The case is being investigated by the FBI’s Washington and Detroit Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.