InfoWars' Owen Shroyer appeared at his hearing Thursday before United States District Judge Tim Kelly in a case that legal analyst Marcy Wheeler said could be an indication of what to expect for event organizer Ali Alexander's case and that of some militia members. Shroyer's lawyer filed a motion to dismiss, which was quickly denied.
"There is no doubt in my mind that probable cause for an arrest existed here," Judge Kelly said.
Shroyer is using the defense that he was on the East steps, which were permitted by Alexander for the event. There was no permit to break into the building. The DOJ doesn't have photos of those men entering the Capitol. Shroyer was on stage with InfoWars leader Alex Jones and Alexander in some of the photos. So the charge of trespassing isn't going to work if they can't prove he was inside the building.
This is significant bc Ali Alexander has been telling the same fairy tale about why he was inciting a riot on the East steps (to both Jan 6 Committee and in lawsuits). And Alex Jones plans to tell the same fairy tale.— emptywheel (@emptywheel) 1642691603
Shroyer can also claim that because he works for InfoWars he is a journalist, which goes a long way to protecting him. Where he does run into trouble is that he was charged with another crime after he attended a House Judiciary Committee hearing and started yelling at Rep. Jerry Nadler (D-NY). He signed a Prosecution Agreement (DPA) which specifically prohibited him from the Capitol grounds.
Judge Kelly told Shroyer that he and others marched over the caution tape and an "area closed sign" and were told the phrase: "hole you guys breached over there." The bodycam of the officers also shows that one specifically told the men to go somewhere else. There was a sign they walked over that said "area closed" and photos reflect it, as Wheeler pointed out.
Here's the bodycam showing that Shroyer and Alex Jones and Ali Alexander WALKED OVER an "Area Closed" sign.pic.twitter.com/nlgfou1OTH— emptywheel (@emptywheel) 1642692461
The judge continued to hear motions, and they closed the hearing with Shroyer's lawyer, Norman Pattis, revealing that he has COVID. So the ruling will come in 45 days.