US V Anthony Richard Moat (Capitol Siege Defendant)
US V Anthony Richard Moat (Capitol Siege Defendant)
PURPOSE OF AFFIDAVIT
ANTHONY RICHARD MOAT (hereinafter “MOAT”) with violations 18 U.S.C. § 1752(a) and 40
U.S.C. § 5104(e)(2). I respectfully submit that this Affidavit establishes probable cause to believe
that MOAT (1) did knowingly enter or remain in any restricted building or grounds without lawful
authority, or did knowingly, and with intent to impede or disrupt the orderly conduct of Government
business or official functions, engage in disorderly or disruptive conduct, and (2) did willfully and
knowingly engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the
Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of
Congress or either House of Congress, or the orderly conduct in that building of any deliberations
Washington, D.C., and knowingly and willfully joined and encouraged a crowd of individuals who
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forcibly entered the U.S. Capitol and impeded, disrupted, and disturbed the orderly conduct of
business by the United States House of Representatives and the United States Senate.
BACKGROUND OF AFFIANT
1. I have been employed as a Special Agent with the Federal Bureau of Investigation
(“FBI”) for over fourteen years. I am assigned to the FBI’s Washington Field Office Cyber
Task Force, where I am responsible for conducting and assisting in investigations into the activities
of individuals and criminal groups responsible for cyber-crimes, including, cyber intrusions, online
money laundering, criminal cryptocurrency usage, and criminal online forums. During my career,
I have used a number of investigative techniques, including: (a) conducted, monitored, and
reviewed physical and wire surveillance, including Title III wiretap investigations; (b) executed
search warrants at locations where records of criminal activity have been found; (c) reviewed and
analyzed numerous recorded conversations and other documentation of criminal activity; (d)
debriefed cooperating defendants and confidential human sources; (e) monitored wiretapped
conversations; (f) conducted surveillance of individuals engaged in various crimes; and (g) led and
participated in search warrants and arrest warrants for various crimes. Moreover, I am a “federal
law enforcement officer” within the meaning of Federal Rule of Criminal Procedure 41(a)(2)(c),
that is, a government agent engaged in enforcing the criminal laws, including Title 18, United States
Code, Sections 1752(a) (entering or remaining in any restricted buildings or grounds or impeding
or disrupting the orderly conduct of Government business), and Title 40, United States Code,
Sections 5104(e)(2)(A) and (G) (entering or remaining on the floor of either House of Congress or
demonstrating in any of the Capitol Buildings). As such, I am duly authorized to request a search
warrant concerning those offenses. In addition to my regular duties, I am currently tasked with
investigating criminal activity that occurred in and around the Capitol grounds on January 6, 2021.
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2. Unless otherwise stated, the information in this Affidavit is either personally known
to me, has been provided to me by other individuals, or is based on a review of various documents,
records, and reports. Because this Affidavit is submitted for the limited purpose of establishing
probable cause to support an application for an arrest warrant, it does not contain every fact known
by me or the United States. The dates listed in this Affidavit should be read as “on or about” dates.
PROBABLE CAUSE
3. The U.S. Capitol, which is located at First Street, SE, in Washington, D.C., is
secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include
permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only
authorized people with appropriate identification are allowed access inside the U.S. Capitol.
4. On January 6, 2021, the exterior plaza of the U.S. Capitol was closed to members of
the public.
5. On January 6, 2021, a joint session of the United States Congress convened at the
United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint
session, elected members of the United States House of Representatives and the United States
Senate were meeting in separate chambers of the United States Capitol to certify the vote count of
the Electoral College of the 2020 Presidential Election, which had taken place on November 3,
2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30
p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice
President Mike Pence was present and presiding, first in the joint session, and then in the Senate
chamber.
6. As the proceedings continued in both the House and the Senate, and with Vice
President Mike Pence present and presiding over the Senate, a large crowd gathered outside the
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U.S. Capitol. As noted above, temporary and permanent barricades were in place around the
exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep
the crowd away from the Capitol building and the proceedings underway inside.
7. At approximately 2:00 p.m., certain individuals in the crowd forced their way
through, up, and over the barricades, and officers of the U.S. Capitol Police, and the crowd
advanced to the exterior façade of the building. The crowd was not lawfully authorized to enter or
remain in the building and, prior to entering the building, no members of the crowd submitted to
security screenings or weapons checks by U.S. Capitol Police Officers or other authorized security
officials.
8. At such time, the certification proceedings still underway and the exterior doors and
windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police
attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after
2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking
windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged
9. Shortly thereafter, at approximately 2:20 p.m. members of the United States House
of Representatives and United States Senate, including the President of the Senate, Vice President
Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, all proceedings
of the United States Congress, including the joint session, were effectively suspended until shortly
after 8:00 p.m. the same day. In light of the dangerous circumstances caused by the unlawful entry
to the U.S. Capitol, including the danger posed by individuals who had entered the U.S. Capitol
without any security screening or weapons check, Congressional proceedings could not resume
until after every unauthorized occupant had left the U.S. Capitol, and the building had been
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confirmed secured. The proceedings resumed at approximately 8:00 pm after the building had been
secured. Vice President Pence remained in the United States Capitol from the time he was
10. During national news coverage of the aforementioned events, video footage which
appeared to be captured on mobile devices of persons present on the scene depicted evidence of
violations of local and federal law, including scores of individuals inside the U.S. Capitol building
36. On February 19, 2021, Anthony Richard Moat (“MOAT”) contacted the FBI and
admitted to being inside the U.S. Capitol on January 6, 2021. On that same date, Moat sent a video
taken on his cellular telephone while inside the U.S. Capitol building on January 6, 2021 to FBI
Task Force Officer Lee Nolan. The below images are screenshots from the video provided by
MOAT.
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37. After this interview, Officer Nolan obtained MOAT’S driver’s license photo to
compare with images of January 6, 2021 U.S. Capitol riot footage in the area seen in MOAT’s
provided video. The below images (without the red circle) was obtained from Capitol Police CCTV
38. Affiant has compared the video taken by MOAT with Capitol CCTV videos and
determined that MOAT’s provided video was taken from vantage point of the person circled in red
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as seen in above CCTV images. Affiant submits the above images from Capitol Police CCTV show
MOAT whose face is circled in red, was inside the U.S. Capitol during the January 6, 2021 riot.
CONCLUSIONS OF AFFIANT
11. Based on the foregoing, your affiant submits that there is probable cause to believe
a. 18 U.S.C. § 1752(a), which makes it a crime to (1) knowingly enter or remain in any
restricted building or grounds without lawful authority to do; (2) knowingly, and
proximity to, any restricted building or grounds when, or so that, such conduct, in
functions; (3) knowingly, and with the intent to impede or disrupt the orderly
egress to or from any restricted building or grounds; or (4) knowingly engage in any
act of physical violence against any person or property in any restricted building or
grounds; or attempts or conspires to do so. For purposes of Section 1752 of Title 18,
a building or grounds where the President or other person protected by the Secret