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Arizona man who wore horns in riot pleads guilty to felony

 In this Wednesday, Jan. 6, 2021 file photo, supporters of President Donald Trump, including Jacob Chansley, center with fur hat, are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol in Washington. Chansley’s lawyer says that he reached out White House Chief of Staff Mark Meadows about a possible pardon on behalf of the Arizona man, acknowledging it might be a reach but that “there’s nothing to lose.” (AP Photo/Manuel Balce Ceneta)
In this Wednesday, Jan. 6, 2021 file photo, supporters of President Donald Trump, including Jacob Chansley, center with fur hat, are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol in Washington.  (AP Photo/Manuel Balce Ceneta)

An Arizona man who sported face paint, no shirt and a furry hat with horns when he joined the mob that stormed the U.S. Capitol on Jan. 6 pleaded guilty Friday to a felony charge and wants to be released from jail while he awaits sentencing.

Jacob Chansley, who was widely photographed in the Senate chamber with a flagpole topped with a spear, could face 41 to 51 months in prison under sentencing guidelines, a prosecutor said. The man who called himself “QAnon Shaman” has been jailed for nearly eight months since his arrest.

Before entering the plea, Chansley was found by a judge to be mentally competent after having been transferred to a Colorado facility for a mental health evaluation. His lawyer Albert Watkins said the solitary confinement that Chansley faced for most of his time in jail has had an adverse effect on his mental health and that his time in Colorado helped him regain his sharpness.

“I am very appreciative for the court’s willingness to have my mental vulnerabilities examined,” Chansley said before pleading guilty to a charge of obstructing an official proceeding.

U.S. District Judge Royce Lamberth is considering Chansley’s request to be released from jail while he awaits sentencing, which is set for Nov. 17.
Chansley acknowledged in a court record to being one of the first 30 pro-Trump rioters to stream into the Capitol building. He riled up the crowd with a bullhorn as officers tried to control them, posed for photos, profanely referred to then-Vice President Mike Pence as a traitor while in the Senate. He wrote a note to Pence saying, “It’s only a matter of time, justice is coming.” He also made a social media post in November in which he promoted hangings for traitors.

The image of Chansley with his face painted like the American flag, wearing a bear skin head dress and looking as if he were howling was one of the first striking images to emerge from the riot.

Chansley is among roughly 600 people charged in the riot that forced lawmakers into hiding as they were meeting to certify President Joe Biden’s Electoral College victory. Fifty others have pleaded guilty, mostly to misdemeanor charges of demonstrating in the Capitol.

Only one defendant who pleaded guilty to a felony charge has received their punishment so far. Paul Hodgkins, a crane operator from Florida who breached the U.S. Senate chamber carrying a Trump campaign flag, was sentenced in July to eight months in prison after pleading guilty to obstructing an official proceeding.

Chansley’s lawyer said his client has since repudiated the QAnon movement and asked that there be no more references to his past affiliations with the movement.

After the hearing, attorney Watkins told reporters that Chansley was under pressure from family members not to plead guilty because they believed Trump would be reinstated as president and would pardon him. Watkins said Chansley previously felt like Trump’s message spoke to him and that his client’s fondness for Trump was akin to a first love.

The man had long been a fixture at Trump rallies. Two months before the riot, he appeared in costume and carried a QAnon sign at a protest alongside other Trump supporters outside an election office in Phoenix where votes were being counted.

His attorney has said Chansley believed like other rioters that Trump called him to the Capitol, but later felt betrayed after Trump’s refusal to grant Chansley and others who participated in the insurrection a pardon.

After spending his first month in jail, Chansley said he re-evaluated his life, expressed regret for having stormed the building and apologized for causing fear in others.

Chansley twice quit eating while in jail and lost 20 pounds (9 kilograms) until authorities gave him organic food.

Watkins has characterized the spear Chansley carried as an ornament and disputed that his client’s note to Pence was threatening.

Democrats seek ouster of Republican Finchem

Democratic Rep. Athena Salman on Monday introduces a resolution to expel Republican Mark Finchem from the House based on his activities before and including the Jan. 6 insurrection at the U.S. Capitol. (Capitol Media Services photo by Howard Fischer)
Democratic Rep. Athena Salman on Monday introduces a resolution to expel Republican Mark Finchem from the House based on his activities before and including the Jan. 6 insurrection at the U.S. Capitol. (Capitol Media Services photo by Howard Fischer)

Rep. Athena Salman and 22 other House Democrats introduced a resolution Monday to expel Rep. Mark Finchem from the body.

“Every day the member remains in office is a threat to the Arizona House of Representatives, a threat to national security and a threat to our democracy,” Salman, a Tempe Democrat, said at a news conference.

Finchem, R-Oro Valley, was a vocal supporter after the election of efforts to overturn President Biden’s narrow win in Arizona. He was in Washington, D.C. to speak on Jan. 6 and he had planned to deliver evidence of fraud in Arizona to Vice President Mike Pence. Although Finchem said he wasn’t near the Capitol when a pro-Trump mob stormed it trying to stop the certification of the electoral vote, he said he learned of it hours later and put out a statement blaming the violence on Antifa.

Since then, Democrats have been trying to keep the spotlight on Finchem’s role in challenging the election results and in the Jan. 6 riot that led to five deaths. House and Senate Democrats sent a letter to the FBI on Jan. 13 asking the bureau to investigate Finchem’s conduct, and Rep. Cesár Chávez, D-Phoenix, on Jan. 14 formally called on the House Ethics Committee to investigate Finchem’s actions and possibly recommend his expulsion.

Salman, who is leading the effort, conceded under questioning that many of the individual allegations detailed in what was introduced as HR 2006, by themselves, might not rise to the level of her contention that the conduct of the Oro Valley Republican “was dishonorable and unbecoming of a member of the House.” She also contends that his activities “undermine the public confidence in this institution and violated the order and decorum necessary to complete the people’s work.”

“When you look at these things in a vacuum, sure, they can appear random,” she said,  But Salman said that, taken together, they amount to evidence that Finchem “participated in, encouraged and incited the events of Jan.6,” making him complicit of “insurrection and rebellion” and therefore unqualified to serve.

Finchem declined to comment “on advice of counsel.”

He already has obtained legal representation in connection with at least one issue not now in Salman’s bill of particulars: his refusal to turn over text messages sought as part of a public records request. His attorney, Alexanader Kolodin — the same lawyer who filed lawsuits to challenge the results of the Arizona election — argued that the messages are on their own personal devices and therefore not public.

Although several dozen people, many of them residents of Finchem’s Legislative District 11, have filed complaints with the committee also calling for an investigation, it has not scheduled any hearings or taken any other action on the matter yet. Salman said the FBI has acknowledged receiving the Democrats’ letter but she hasn’t heard anything else. She acknowledged that the apparent disinclination from House Republicans, who hold a 31-29 majority, to act on the Democrats’ complaints could be an obstacle.

“The conservative majority has made it very clear that they’re not responding or even doing anything,” she said.

The resolution recounts the actions of the mob at the Capitol on Jan. 6, and highlights Finchem’s membership in the Oath Keepers, which the resolution describes as “a far-right group with a well-documented history of domestic terrorism and violence against the government, and whose founder threatened to hang Arizona’s former United States Senator  John McCain in 2015.” Several people affiliated with the Oath Keepers are facing federal conspiracy charges, over their alleged actions on Jan. 6.

It also highlights Finchem’s ties with Ali Alexander, one of the “Stop the Steal” organizers. And, the resolution says Finchem has “failed to denounce these domestic enemies, and further, has sought to conceal the consequences of his actions by promoting a baseless conspiracy blaming leftists that has been disproven by federal law enforcement agencies” and has “a documented history of pushing conspiracies that blame the left for violence by white nationalists, including deflecting blame for neo-Nazi violence at the Unite the Right rally in Charlottesville in 2017.” It concludes by calling for his expulsion for taking part in an attempt to overthrow the government.

“Finchem has no honor, is unfit to serve in the Arizona state Legislature and poses a clear and present danger to American citizens,” said Dana Allmond, a retired U.S. Army lieutenant colonel who lives in LD11. “We cannot settle for anything less than his expulsion now.”

Allmond accused Finchem of violating his oath of office.

“It’s apparent Finchem doesn’t understand what that oath embodies,” she said. “He claims a stolen presidential election and celebrates murder.”

Howard Fischer of Capitol Media Services contributed to this report. 

Finchem, Kern claim in lawsuit Fernandez defamed them

From left are Rep. Mark Finchem, R-Oro Valley, former Rep. Anthony Kern, and Rep. Charlen Fernandez, D-Yuma.
From left are Rep. Mark Finchem, R-Oro Valley, former Rep. Anthony Kern, and Rep. Charlen Fernandez, D-Yuma.

A current and a former state House member are suing Rep. Charlene Fernandez, saying the Democrat defamed them when she asked the FBI to investigate their connections to the deadly Jan. 6 riot in the U.S. Capitol.

Mark Finchem, R-Oro Valley, and former Rep. Anthony Kern, also a Republican, allege in Yuma County Superior Court  Fernandez “baselessly accused Plaintiffs of the highest possible crimes against the Government of the United States.”

“The malicious purpose of Defendant’s action was to chill debate, not encourage it; to shut down any discussion of election fraud in the 2020 Presidential election and of the larger question of election integrity in general; and, if possible, to criminally punish Plaintiffs for exercising their First Amendment right to peacefully demonstrate and petition the Government for redress of grievances,” the complaint says. 

Fernandez, D-Yuma, and the rest of the House and Senate Democratic caucuses signed a letter in early January to FBI Director Christopher Wray and acting Attorney General Jeffrey A. Rosen asking for help determining the roles of Finchem, Kern and Republican U.S. Reps. Andy Biggs and Paul Gosar in the riot.

“What they did outside of plain view we do not yet know,” they wrote. “But there is evidence to indicate that Arizona Representatives Mark Finchem, Anthony Kern, Paul Gosar and Andy Biggs encouraged, facilitated, participated and possibly helped plan this anti-democratic insurrection on January 6.”

The lawsuit details why Finchem and Kern believed there were problems with the 2020 election and says neither one of them took part in fomenting violence on Jan. 6. It says Fernandez “falsely accused plaintiffs of being either directly involved in, or of aiding or abetting, the crimes of terrorism, insurrection, treason, and sedition” and of implying they were responsible for the death of Capitol Police Officer Brian Sicknick.

Fernandez said Tuesday that she hadn’t seen the lawsuit yet.

The FBI has acknowledged receiving the Democrats’ complaint against Finchem and the others but has not publicly announced any action on it. Rep. Cesár Chávez, D-Phoenix, filed a complaint in mid-January asking the House Ethics Committee to investigate Finchem’s advocacy for overturning the results of the 2020 presidential election and his presence in Washington D.C. on Jan. 6 the day a pro-Trump mob stormed the Capitol. Committee Chairwoman Rep. Becky Nutt, R-Clifton, said in February she would not be acting on the complaint, calling it an attempt to use the ethics process to settle a political dispute. Finchem filed a retaliatory complaint against House and Senate Democrats that Nutt similarly dismissed.

Rep. Athena Salman, D-Tempe, and 22 other House Democrats also filed a resolution seeking Finchem’s expulsion from the Legislature, but it was never assigned to a committee.

Finchem and Kern are being represented by Alexander Kolodin, Christopher Viskovic and Bryan Blehm of the Kolodin Law Group of Phoenix, and by George Wentz Jr. and Brant Hadaway of the Davillier Law Group of Sandpoint, Idaho.