Messer Charging Docs

STATEMENT OF FACTS
Your affiant, is a Task Force Officer assigned to

Terrorism Task Force. In my duties as a Task Force Officer, I investigate crimes of International
and Domestic Terrorism. Currently, I am tasked with investigating criminal activity in and around
the Capitol grounds on January 6, 2021. As a Task Force Officer, I am authorized by law or by a
Government agency to engage in or supervise the prevention, detection, investigation, or
prosecution of a violation of Federal criminal laws.
The U.S. Capitol 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 were allowed access inside the U.S.
Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to members of
the public.
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.
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 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.
At such time, the certification proceedings were 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, around 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 and
assisted those acts.
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, the joint session
of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
President Pence remained in the United States Capitol from the time he was evacuated from the
Senate Chamber until the sessions resumed.
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
Your affiant viewed
related to the unrest at the U.S. Capitol. A photograph was posted on January 7, 2021, from the
vantage point of the top of the U.S. Capitol steps on the Eastern side. An additional photograph
from the vantage point of the top of the U.S. Capitol steps on the Eastern side was posted on
January 7, 2021 at 1:55 p.m.. Both images depict the events of January 6, 2021, to include a large
crowd with many individuals holding Trump signs and flags.
Your affiant located YouTube channel under the name Walter Messer with a YouTube
account ID UCe9eMOqnFLbAmOYwvQwXKMQ. A review of public videos posted on the
channel include videos from the exterior of the U.S. Capitol and one from inside the U.S. Capitol
on January 6, 2021. These videos are consistent with other known footage of unrest inside the
U.S. Capitol to include known background identifying the location and a large group of individuals
moving throughout the building. The videos were posted to the YouTube account on January 7,
2021. Your affiant compared the YouTube to
License photograph of Walter J. Messer
that all photos appear to be on the same person.
Your affiant also reviewed surveillance footage from inside the United States Capitol on
Jnuary 6, 2021 that shows Messer inside the Capitol Building after the Capitol had been breached.
Messer is seen wearing the same clothing he is shown wearing in the Facebook images, and is seen
walking with a cellular telephone in his hand. It appears in the video that he is filming a video
with his phone, which is consistent with a video posted on the Walt Messer public YouTube
channel. The below images from the surveillance video show Messer circled in orange.
who went to high school with Walter Messer. W-1 indicated that W-2 had shared the images in a
Facebook group chat.
On February 19, 2021, your affiant telephonically interviewed W-2 regarding the identity
of Walter J. Messer. W-2 indicated that they went to school with Walter J. Messer and had been
friends with Messer on Facebook. W-2 described the photo of Messer with the bust of Ronald
Reagan and positively identified the person in the photograph as Walter Messer. This is one of the
same photos that W-1 submitted to the FBI which W-2 confirmed as being a photo of Messer.
On March 4, 2021, a search warrant was served to Facebook for the account identified with
the number 100016499853552 with the vanity name Walt Messer. The requested records were
provided on March 5, 2021, and subsequently reviewed. Walter J. Messer posted images on
January 6, 2021, from both outside and inside the United States Capitol Building.

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STATEMENT OF FACTS

Your affiant, is a Task Force Officer assigned to

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