Prosecutors Move to Drop First Capitol Riot Case

Reuters Twitter

In the first of likely to be many more similar cases, a prosecutor has moved to dismiss a case against an alleged Jan. 6th Capitol rioter for lack of evidence. Christopher Kelly of New York City was arrested on Jan. 20th after FBI agents were informed that Kelly posted on Facebook about plans to attend the protest and an informant claimed Kelly posted a photo appearing to be inside the Capitol building.

According to NBC News:

In the charging documents filed in court, an FBI agent said, “I believe the messages and image … reflect that Chris Kelly was using this account to inform associates that he had breached the Capitol and was inside.”

The court document accompanying the charges included photos that the FBI said showed Kelly on the Capitol grounds, but they did not include any further indication that he entered the building.

Other riot cases have included data from cell phone service providers, indicating that a defendant’s phone was inside the building. This case did not. Nor did it include any photos of Kelly himself inside the Capitol or offer any direct proof that he was among the rioters.

In seeking to drop the case Tuesday, a prosecutor wrote that, “upon reflection of the facts currently known to the government, the government believes dismissal … serves the interest of justice.” The motion to dismiss the case said the government and defense counsel “have discussed the merits of the case.”

So far there are approximately 500 pending cases involving the Capitol riot and many are likely to crumble over lack of evidence.



  1. Why wouldn’t videos showing the police inviting these people in be enough grounds to throw out all these cases?

    1. It would be very interesting to know Who those officers were and from whence their orders came—these identities as well as the officer that killed the unarmed Woman–the only case of homicide that day.

        1. And a BLM follower who vowed to “kill some MAGA supporters” but of course FB scrubbed his page clean as a whistle, but someone has a copy because I saw it!

      1. Nancy Pelosi knows who that individual is and she isn’t going to disclose it to the public, that’s known as a cover up. That individual needs to be cleared by a court.

        1. Maybe good ole girl Nancy will get her comeuppance. Seems that she offered to match 4X donations to her voting fund. So far the money hasn’t showed up. That is REALLY illegal. Being a Democrat??????????

      2. Gary Von Neida
        Now when you have been warned twice that lethal force would be used if you came through the broken window, but the people with the woman kept saying go he is not going to shoot anyone, but he did as his job required him to do, stop anyone from entering the Senate Chamber, any means he could.

      1. OBummer being behind all the DC decisions going on you can see why people are being arrested or threatened for have “Trump” flags or who they vote for now!!! It’s the Stazi time again in DC!!

      2. Mandy, great post. You are capable of seeing through this charade. I think this guy should now sue the “prosecutors” that wasted our monies on this frivolous case.

          1. It always happens when you tell the truth and hurt globalist puppet, moderators little feelings .

    2. The fact that they were all globalist puppet, libby snow flake sheep wearing MAGA hats and MAGA shirts was enough to throw out all these cases .

    1. Well, that is “classified”! But we do know it was a nigr, oops, I mean a “black” person. Black people killing white people is a good thing! White people killing black people is a Federal Crime!

    2. Black man with last named Byrd (supposedly). It makes me sick, because we have seen how white officers are treated EVERY time the role is reversed.

    3. Great information to have, Mike! Where on earth did you find this? Because I haven’t been able to find a word about who it was who killed Ashli. Thank you for sharing this with us!

  2. I wasn’t there, but am convinced that the perpetrators were idiots pretending to be President Trump supporters. Ok, a few good ones got caught up in the moment.
    To bad they didn’t get a hold of old/drunken nan.

    1. I think the actual perpetrators are members of Congress, i.e., Pelosi, Schumer, Schiff, Nader, etc..

    2. libby snow flake sheep wearing MAGA hats and MAGA shirts invaded the capitol at the same exact time 1,000,000 people were enjoying the Trump peaceful speech one mile away .

    1. globalist voter fraud in America have “appointed” thousands of CROOKS to destroy America .

  3. “Breached the Capitol?” That building belongs to us, the American taxpayer and citizens!! It would be nice if Pelosi and her disgraceful ilk started to understand that they do not own or control that property any more than you and I do. If I wish to visit the Capitol, even to protest (always in a non-violent manner), I have a right to do that. I did not on Jan 6th, but maybe I should have.

    1. Absolutely right; Those Federal buildings belong to WE THE PEOPLE we have the right to enter those buildings and those politicians who think they are rulers over us are wrong. They are our servants, we are their bosses, so it’s time to tell them YOUR FIRED!!!

      1. They would be fired if globalist puppet $oro$ voter fraud didn’t keep on reappointing those globalist puppets .

        1. libby snow flake male moderators, go home to your husband, libby snow flake female moderators, go home to your wife . . . . .

    2. So right they wouldn’t have their money if it wasn’t for the U.S. taxpayer!! Be careful who you vote…..might be a RINO!!!

      1. No need for a lawsuit which would last for years and cost big bucks. Elections are held every two years. Get active NOW to defeat them. Getting the vote out in the primaries is the best way to keep them from even being on the ballot in November. Federal officeholders usually rise from state and local offices. Be judicious in state and local primaries and you will get the right people at the federal level, but it takes time and work.

  4. How many others have had their lives disrupted because they went to D.C. and were on the capital grounds but there’s no proof they were in the capital? And why is it we never get to hear the informants name? We’ve yet to get the name of the officer who shot an unarmed woman. Any other police officer involved in a shooting death is named immediately. Why is this officer so special that he will apparently never be named? Someone who was on the capital grounds, or walked into the capital unarmed, wandered around for awhile and left is outed by an “informant” and charged with??? Loot and burn a store in protest and you’re not charged with anything. Doesn’t pass the fairness test.

    1. The officer’s name and picture were reported very soon after the incident; then the identity of the shooter was wiped off the internet. Michael Leroy Boyd’s actions are spelled out in the comments above. Scroll back. That’s the gist of what was reported until it was forbidden to report it.
      And in case you didn’t know, there are demonstrators who are being held in solitary confinement without bail set. They are being treated worse than terrorists.

  5. Well, well insurrection, more like Pelosi political folly. Just a peaceful demonstration with a few misfits included.

  6. Personally I would like to know just whom the individuals are (Whom they are associated with) caught on camera breaking the glass–faces should be easy to identify including one guy’s reflection in the window he is seen breaking same–Any association with Hillary?

    1. Interesting question. One of them is a confessed BLM activist and he brought people with him. But the dims act like he doesn’t even exist.

  7. With some Capitol Police actually letting rioters(such as they’re called) in without resistance and only one person died and that was an unarmed veteran. You can bet your bippy if their had been actual police deaths, unlike reports, they would not be satisfied with anything but Trump’s head on a pike. The democrats have created a weaponize DOJ and FBI lackies rather than the pillars of honesty and competence.

    1. globalist puppet, doj CRIMINAL organisation and globalist puppet, fbi CRIMINAL organisation .

  8. We are in a mell of a hess, with our current “government” in charge of ANYTHING! They have continued to try to hide the identity of Ashli Babbitt’s killer, BECAUSE he is a black man! Had he been white, his photo would have been everywhere! I am so repulsed with our government and our supposed “news” stations.

  9. Here we go again…I’m totally sick and I have not been thinking of politics…I hate the squad plus
    Pelosi and the other worms that they are! I won’t give up on thinking god will help us! Maybe he will build an Ark. and wipe out all those scumbags! Why doesn’t anything bad happen happen to them.
    But alas …to answer my own question. O god make that happen! 💩

    1. god is too busy blessing globalists and globalist puppet $oro$ and globalist puppet democrat criminal party and globalist puppet rino criminal party and globalist puppet fbi CRIMINAL organisation and globalist media and globalist puppet, libby snow flake sheep and globalist puppet moderators AND altar boy raping priests . . . . .

      1. God is not blessing globalists, he’s setting them all up for the Great Tribulation, giving the selfish what they want and showing us who they really are, these corrupt, evil, lawless people will be living on earth during a time of hell on earth. They chose their path and disregarded God in every way, so God is disregarding them in the Book of Life.

  10. When globalist puppet, democrat criminal party prosecutors arrested those idiots wearing MAGA hats and MAGA shirts that invaded the capitol and realized they are libby snow flake sheep, then they simply withdrew the charges .

  11. This has been going on long enough. The political setup is running out of gas. Pelosi is responsible for not doing her job and she has wanted to blame Trump since this started. Now let’s start taliking about Ashli Babbitt and the person who murdered her. Oh I forgot he got away with it.😡

  12. Only TYRANTS prosecute their political opponents for exercising Constitutionally protected FREEDOMs.

  13. Come on people, we know this whole thing was staged at the Capitol to stop the truth from being presented about the 2020 stollen election. The truth would not be heard by Mike Pence or the rest of the representatives at the Capitol. We are tired of the cover ups, lies, and corruption.

  14. It looks like not even the crooked Biden Democrats can falsify criminal behavior in all cases. Now if we can get the election audits done fairly, may we will be able to have free, non fraudulent, elections in the United States again. A much better outcome would be if Biden had a sudden brain bleed and became a vegetable on a stretcher. You can apply that outcome to all the top Democrats, and half of the Republican politicians as well.

  15. Pelosi will probably get off Scott free for canceling security for Jan 6th!! Had the gull to try and frame our great President Trump? She should be in jail with her friend HILLARY! Both are evil! They both are more evil than PUTIN! President Trump has more brains than the two of them every had! The two of them are brainless!

  16. How come all these cases brought without evidence strikes me as a cogent question. As for some FBI agents “belief”, since when does that constitute grounds for action

  17. I am absolutely flabbergasted that they arrested 500 people — 500 — at this rally or protest or whatever they choose to call it. The one person killed was a Trump supporter, and I have yet to hear why the officer felt the need to shoot and kill her — or the name of the officer who shot her!! And the only damage was a broken window as far as I’ve been able to ascertain. Oh, and Nannie P.’s feelings because somebody had the audacity to sit in her chair and put their feet on her desk! And yet, look at all the destruction and mayhem and stolen products and disruption of lives and businesses that represent the MLB violent, rioting looters, out there for months on end. But I don’t remember hearing of any of them getting arrested. Truly unbelievable! And I imagine charges will be dropped against the majority of the others for the same reason — no credible evidence of wrong doing. Except, of course, they were mostly there because they loved President Trump!

  18. Maybe the reason is that they know from witness that there were 206 fascist Antifa members ahead of everybody with intention to attack Capitol and they do not want to prosecute Antifa? That would show that president Trump has nothing to do with that riot. On te clip you see them wearing red MAGA caps.

  19. Perhaps we should first look at time stamps to determine when this thing first went to “RIOT???” I cannot imagine that people bent on insurrection would arrive minus weapons. But there is video of the guards showing the people to the doors and chambers with at least one outside urging them to hurry. The fact is the elected persons are cowards they run and cry but did nothing when the citizens had to deal with real riots, burning, theft, and destruction of their businesses and homes. Where were those arrests being tried? I am sure as a bartender AOC had seen much more violence on that job than the put-on she did at the Capitol.

  20. When are the video’s of the rioters that burned, looted and destroyed the peoples property including monuments be introduced for Justice and restitution in the Courts? Black Lives Matter has plenty of money to buy four (4) mansions, sue for damages.

  21. When are they going to start charging and prosecuting ther ones that planned and orchestrated the riot—–nutzy pzloozi, chump scummer, and adumb schitt. The FBI knew six to ten weeks before what was going to happen—-perhaps they and the capitol police should be indicted.

    wh

  22. Just because they dropped the case now does not mean they cannot recharge if new evidence comes up which is coming in daily with new videos and information being received by the FBI about 600 per day average as of 20 May 2021/

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