UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Criminal Action No. 21-140 (JDB) LARRY BROCK, Defendant. MEMORANDUM OPINION Defendant Larry Brock is charged via indictment with six offenses related to the breach of the United States Capitol on January 6, 2021. See generally Superseding Indictment [ECF No. 24] (“Indictment”). Brock has filed four motions seeking, among other things, dismissal of one count, a transfer of venue, and further discovery. The Court will deny each motion for the reasons explained below. Background On January 6, 2021, the U.S. Congress convened in the Capitol for a joint session to certify the vote count from the November 2020 presidential election. Aff. in Supp. of Criminal Compl. [ECF No. 1-1] ¶ 6. The Capitol was closed to the public, but a large crowd was gathered outside. Id. ¶ 7. Around 2:00 p.m., members of the crowd violently forced their way into the Capitol, past officers of the U.S. Capitol Police and over barricades. Id. ¶ 8. Shortly after, members of the House of Representatives and Senate, as well as then-Vice President Michael Pence, were forced to evacuate and effectively suspend the joint session. Id. ¶ 9; see also United States v. McHugh, Crim. A. No. 21-453 (JDB), 2022 WL 296304, at *1–2 (D.D.C. Feb. 1, 2022) (McHugh I) (further describing the violence and destruction on January 6). The government alleges that Brock participated in this riot. See Aff. in Supp. of Criminal Compl. ¶¶ 11–16. According to the government, Brock entered the Capitol through the Senate 1 Wing Doors at approximately 2:24 p.m. on January 6th and was inside the Capitol for approximately 38 minutes. Mem. in Opp’n to Mot. to Compel Disc. [ECF No. 53] (“Opp’n to Disc. Mot.”) at 2. The government alleges that during that time, Brock was outside the office of Speaker of the House Nancy Pelosi and on the Senate floor, and that he carried zip ties throughout. Id.; Gov’t’s Opp’n to Def.’s Mot. to Transfer Venue [ECF No. 50] (“Opp’n to Venue Mot.”) at 2. A grand jury charged Brock with six offenses via indictment: obstruction of an official proceeding and aiding and abetting in violation of 18 U.S.C. §§ 1512(c)(2) and 2 (Count One); entering and remaining in a restricted building and grounds in violation of 18 U.S.C. § 1752(a)(1) (Count Two); disorderly and disruptive conduct in a restricted building or grounds in violation of 18 U.S.C. § 1752(a)(2) (Count Three); entering and remaining on the floor of Congress in violation of 40 U.S.C. § 5104(e)(2)(A) (Count Four); disorderly conduct in a Capitol Building in violation of 40 U.S.C. § 5104(e)(2)(D) (Count Five); and parading, demonstrating, or picketing in a Capitol Building in violation of 40 U.S.C. § 5104(e)(2)(G) (Count Six). Indictment at 1–3. On July 1, 2022, Brock filed the four motions now before the Court: (1) a motion to dismiss Count One—the charge under 18 U.S.C. § 1512—or, in the alternative, for an order requiring the government to provide …
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