Proud Boy throws 'dishonest' new legal Hail Mary: reporter

Footage aired on Tucker Carlson's Fox News was cited in a new court filing from a Proud Boy accused of leading the breach of the U.S. Capitol.

Attorneys for Dominic Pezzola argued the footage, which was provided to the conservative broadcaster by House speaker Kevin McCarthy, shows the U.S. Congress could have continued its work after Donald Trump supporters, including the so-called "QAnon shaman" Jacob Chansley, breached the building and entered legislative chambers.

"The most disturbing footage of all, from the perspective Pezzola, is video shown on Tucker Carlson of protestor Chansley kneeling in a prayer amid a group of around two dozen demonstrators and cops in the Senate Chamber," the filing states. "Chansley is shown giving a respectful prayer of thanks to the Capitol Police officers for 'letting us into the building.' This footage is plainly exculpatory; as it establishes that the Senate chamber was never violently breached, and — in fact — was treated respectfully by January 6 protestors."

"To the extent protestors entered the chamber, they did so under the supervision of Capitol Police," the filing adds. "The Senators on January 6 could have continued proceedings. It was not Pezzola or codefendants who caused the Congress to recess. Congress interrupted its own proceedings."

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In fact, Chansley pleaded guilty in September 2021 and signed a statement prepared by the Department of Justice that shows he entered the Capitol through a broken door and was asked by police repeatedly to leave the building, and instead inflamed other protesters and entered the Senate gallery alone, although he had interacted with officers at other points while inside the building.

Pezzola is accused of stealing a Capitol police officer's riot shield during a melee outside to smash a window the first wave of the mob used to break into the building, and that officer testified that he was pulled to the ground and stripped of the shield by force.

The 45-year-old Pezzola has been charged with seditious conspiracy and conspiracy to prevent an officer from discharging any duties alongside fellow Proud Boys members Enrique Tarrio, Joseph Biggs and Zachary Rehl.

Politico reporter Kyle Cheney, who flagged the filing, commented that "It's hard to capture in words the intellectual dishonesty of this filing by Dominic Pezzola."