The New York man who gained brief national notoriety for his high-profile arrest in the early days following the January 6 insurrection has pleaded guilty to felony charges.
Aaron Mostofsky, 35, of Brooklyn, New York, initially made the news as the MAGA rioter who happened to be the son of Brooklyn Supreme Court Justice Steven Mostofsky. Video showed FBI agents swarming his home to arrest him just days after the riot.
But after his arrest, Mostofsky become even more notable for having dressed as a caveman carrying a walking stick -- and for leaving the U.S. Capitol in possession of a police officer’s vest and shield. Here’s how WUSA9 reported it today:
“Mostofsky, whose father is Brooklyn Supreme Court Justice Steven Mostofsky, was arrested just days after the riot. Photographs from the day show him inside the Capitol clad in furs and wearing a stolen Capitol Police riot vest. He was indicted on eight counts, including one count of obstruction of an official proceeding that carried a maximum sentence of up to 20 years in prison.
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“In messages obtained by the FBI, Mostofsky told a friend who also came to D.C. on January 6 to “look for a guy looking like a caveman.” He later added, “Even a caveman knows [the election was stolen].” The FBI also found earlier messages from Mostofsky’s Facebook page in which he suggested rioting after Republicans lost control of the House of Representatives in the 2018 mid-term elections.”
Also not helping Mostofsky’s defense was the detail that he stopped to give an interview with a reporter upon leaving the Capitol. Here's how that was described in the original FBI criminal complaint:
“On January 6, 2021, the subject who identified himself to a New York Post reporter in an interview was profiled in a New York Post article titled, “NYC man says he stormed US Capitol to fight stolen election.” In the video interview, “Aaron” explained his actions by stating: “the election was stolen”, “we were cheated”, and “I don’t think 75 million people voted for Trump. I think it was close to 85 million”. “Aaron” continued to tell the interviewer that he traveled from Brooklyn, NY. The New York Post video interview was conducted inside the Capitol Building, during which “Aaron” is observed carrying what appears to be a US Capitol Police riot shield containing the US Capitol Police logo, as well as wearing a US Capitol Police officer’s bullet proof vest labeled “Police.”
Here's more from WUSA9 on today’s proceeding.
“Mostofsky appeared before U.S. District Judge James Boasberg on Wednesday to enter his plea of guilty to three counts: civil disorder, theft of government property and entering and remaining in a restricted building. The most serious count, civil disorder, is a felony charge carrying a maximum sentence of up to five years in prison and a fine of up to $250,000.
“Mostofsky’s legal team – attorneys Jeffrey Schwartz, David Smith and Benjamin Smith – mounted one of the earliest and most aggressive challenges against the Justice Department’s use of a post-Enron obstruction statute. They argued, in part, that the joint session of Congress was not an “official proceeding” under the letter of the law. Boasberg and other judges on the D.C. District Court ultimately rejected that argument.”
Mostofsky is one of more than 20 Capitol riot defendants to plead guilty to felony charges. He is scheduled to appear before Boasberg again on May 6 for sentencing.
