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Case: 1:21-m)-00037 Assigned to: Judge Zia M. Fanicui Assigned Date: 1/12/202" Description: COMPLAINT WWARREST WARRANT AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT AND ARREST WARRAN [Jed T. Horan, hing, first duly sworn, herchy depose and state ws allows: TURP 1. ‘This Attidavit is submitted in support of a Criminal Complaint charging Kevin James LYONS (hereinalier “LYONS") with violations of 18 USC. § 1752a) and AD USC. § ‘5104221 and (D) Specifically, on January 6, 2021, LYONS was present in Washington D.C. aud knowingly snd wilfully joined a crowd of individuals who unlawfully ented the US. Capit sad innpeed, disrupt, sand distubed the neely conduct of business hy the United States Louse of Representatives and the United States Senate BACKGROUND OF AFFIANT 2, Lhave been a Special Agent withthe Federal Buveau of lnvestigation ("FBI") since 2016, Tam currently assiymod to a squacl that investigates erizinal enterprises and violent gumgs lon Field Olfiee. 1 ave train For the Washing wg and experience in the areas of violent eximes, tal criminal yetivity, interview snd interrogation, evidence reeuvery, and sures anyerela 3. Unless otherwise stated, che information inthis Attidsvit is ether personally known. tome, has been provided to me by other individuals, or is based an a review of various documents, records, und reports, Because this AVVidavit is submitted fur dhe Fimited purpose of establishing rouble cumse 1 support am application form arest warrant aloes not conisin every ft known by me or the United States. The dates listed inthis Affidavit should be read as “on or shout” dates. SUAUEMENY OF ACIS SUPFORTING PROBABLE CAUSE 4. The US. Copitol, which is lacated at First Stet, SE, in Washington, D.C, is secured 24 bouts a day by UL, Capitol Police, Restrictions around dhe U.S, Capitol include permanent and temporary security barriers and posts manned by US. Capitol Polive, Only authorized people with appropriats identification are allowed secoss insids the U.S. Capitol. 5, Onenwiry 6,200, the exterior pla ofthe U.S, Capitol ws eased co members af the public 5, On anwiry 6, 2021, a joint session of the United Stes Congress comvened a the United States Capitol, During the joint session, elected menibers of the United States House of Represcatatives and the United States Souare were mecting in separate chambers of « United Slates Capitol tn cetily dhe vale cnunl of dhe Electoral College of dhe 2020 Presidential Election, ‘which had taken place oa November 3, 2020. The joint session began at approximately 1:00 p.m ont Mike: Pence was presiding inthe Semate chamber, With the joint session underway und with Vice President Mike Pence presiding, a large crowed gathered outside the U.S. Capitol. As noted above, temporary and permanent beuricades were in place around dhe esterine of the U.S, Capitol Building, and US. Capitol police were present and attempting to k 2 crowed away thom the Capitol buildings and the proceedings underway inside, 8. Ac approximately 2:00 pum. certain individuals in the crowd tos 4 their way trough. up, and over he barticades and oftcers of he U.S, Capital Police. andthe crowd advanced vo ube estesiorFagade of the building. AL suet tie, dhe juin session was sil unr way and dhe exterior doors and windows ofthe U.S. Capitol were locked or otherwise secured. Members ofthe US, Capital Police attempted ra misintain order amd keep the crowd from entering the Capitol Shocly after 200 p.m. however, individuals in the crows forced entey unto the U.S. Capital, including by breaking windows: 9, Shortly dmewalter, at approximately 2:20 pan, metnbers oF the Uri cof Representatives aud the United States Senate, including the President of the Senate. Vice Prosiet Mike Per inseructed roan ilevneuite the charaers, Aeeordingly, the jnt session of the United States Congress was effectively suspended until shorly after 800 pam, Vice President Ponce remind! inthe United States Capitol frm the firme he was evacuated frm the Senate Charnber until the session resuened 10, During national news coverage ofthe aforomentioned events, vidco footage which appeared us be eaplured on mobile devices uf pesos preseak on the seene depicted evidence of scores of individeals inside the U.S. Capitol building without authoricy to be there ia violation of exer has 11, Following this incident, haw enforcement reviewed an Tnstagram account unde the account name @chi_bvac, which appeared. and was later confirmed to belong to LYONS, The mai profile poge of this account lists he name “Kevin Lywns.” Busted on this aceaun, among other things, was the below photo which appeared to he a screenshot of a map tracing & route fm LYONS’ home, which was in the vicinity of Chicago, TT, ax marked! on the map and confirmed in Jw enforcement databases, to the Washington, D.C. area, Beside st was a post that read "I refuse 1 tell my children that 1 sat back and did nothing. Lm heading to DC to SOP THE STEAL! € 0 tome © wesnnaon Bom Bh Heda seme A. wing erat n gue specenie GB rer bem 12, The sume Instagram account pusted dhe phot helow depicting a sign that read “Speaker af the House Nuney Polos” and vote under it “WHOS HOUSE??? OUR HOUSE!” SPEAKER OF THE HOUSE NANCY PELOSI 13, The ubuve-inuge apes iv eupture the area oulside of Nuney Pelosi's wlfice within the Capitol, (On Tanuary 8, 2021, LYONS was imerviewed! hy FAI agents in Chieage at his sesidence in Chicago, Iinois. During che interview, LYONS provided the following information: 15, LYONS ucknowledgeel that he was in D.C. on Jam 6, 2021, 2021, bur was evasive: abput whether he entered the Capitol Building. LYONS stuied that he “10085 guaranteed, without incriminating himself" that he saw nothing being damaged. He further stated that in a dream he Tal, esas alot hunging on ders, paper ing thoowing aut und a mol of peopl According to LYONS. in the dresm, peop! ally didn't have much choice of where they were going becsuse Cf th mob. LYONS advised that sFhe were inside, he wis inside for approximately AS minutes 16, LYONS was shown the photo referenced shove that read *Spaher of the House Nancy Polos” at which time LYONS stated, “wow you are prety good that was up for only an Tow.” Law enfarcement anderstond LYONS? stateinent ty be expressing surprise that Taw officers had found and observed this phoragraph on his Instagram account because it haul omly been posted cm his account fr ome har before it wis removed, 1:YONS then state! tht the can't guarantee that he posted it 37. When subsequently ssked whether be still bad the picture discussed above on his phone's pera roll, LYONS said yes. LYONS then showed the ugents bis phone, Displayed ot the seren was an imaye of u wooden plague wit ‘Speaker of the House Nuncy Pelosi” printed on {it The photo on LYONS" phone upped to be the same phot ciscussed above that was previously ‘posted and observed on LYONS" Instagram account, won asked there were any other pictures from the Cupitol Building on his phome, LYONS displayed a sevond pictune ofthe wooden plague with "Speaker uf'the House Nuney Pelosi prinwd on itand.a video, The second picture of the plague was nearly identical ty the one discussed above. The video was of & group of people walking through what appeared to be the Capitol Pail 19, When ssked whether he would be willing to give 1 FBl agents a copy ofthe video, LYONS sil the File wel be roo andl offer to upload bis videos to YouTubs and email the Tinks wy the ugents, On January 9, 2020, FBI Special Agent Land (SA Land} received an ena fron ‘an camil sdtess thst included LYONS's fist and last names, The ezail state “Hollo Nice FBI Lady, Here ae the Hinks wo the videos, Lon Tike Pai Guy inn ane of ther, les the poi Let me know if you need anything else. Kevin Lyons.” 20, SA Tand opened the first fink and viewed « video which showed large group af people outside the Capitol Bulding. SA Land recognized the voice of LYONS speaking throughout the video. ‘The video was posted on LYONS's YouTube's chanuel and was spovosimstely 90 seconds in Heng SA Land opened the second link and viewed a video of people walking in what appeared to be a hallway of the Capical Buikling, $A Tand recognized the voice of LYONS: speaking throughout the video. Ihe video was posted on LYUNS's YouTube's channel and was pprosimately 0:15 is length 22, SA Lan opened dhe id fink and viewed a video ofa yeoup of pple walking the Rotunda of the Capitol Building, The video vas posted un LYONS's YouTubu's ene] and seas upprosimately 48 seconds in eng Dosing the January 121 n person interview with LYONS at his home, LYONS also admitted to traveling [rom Chicago t» Washington, DC w attend President Trump's rally LYONS described bimsell as a tourist al the events and suid Ghat he fd live streamed bis experiences. According to LYONS, on January 6, 2021, he took an Cher to the Washington ‘Monument where the sslly was held, He attempted to wear his level 3 Kevlar vest, bur was usable 10 Fit it over his sweatshirt LYONS indicated thatthe rally was the only event he planned on ateming that day. LYONS starod that wii asylvania Avenue and heard be was at the rally, he walked along “flash bangs” and save ponple walking towards hin wilh ea aes, The eruved of peuple continued to push towards the Capitol Building. LYONS claimed that there was very litle he could do 10 ‘escape the crowd hecis he Wi ye) 10 pounds, LYONS indicate thus he neared she Capitol Building, he saw people tearing up sculTolding and people climbing up the Capital Building walls LYONS stated that he walked up the stars of the Capitol Building aad entered it through its rese dors, He claimed hat he di notenter dhrough a window. LYONS stated that once he was inside the Capitol Building, he walked 10 the ‘Rotunda where he took a momento look at che sates und got his hearing, 1:VONS indicated tht he than walked up an inetior staircase tothe second floor, but tha he cid not go inco the Mouse of epreseatative’s Chamber because he did not know where it was located, LYONS stated that he was asked i this yas stayed prinnacly in dhe hallways, hut did enter the “ig buss" nflive, LYONS «a reference to Nuney Pelosi and he stated yes, Prior to entering Representative Pelosi's oll LYONS intlicated shat he took a picture of the plajue lacated outside af Representative Pelosi's office and uploaded the image co bis Instagram account, LYONS explained that Representative Pelosi's affice was a “good sire” office and there were approximately 20 40 30 people init. le saw awoken minor, but advised it was bnuken before he entered the office, LYONS claimed hat while Tie wars in Representative Pelosi's office, a Capitol Police Officer entered with his “40mm pistol drawn, LYONS indiceted isamediately caised his arms above his head. LYONS stated that the ‘offiger told him ta get out and LYONS immediately ffe the Fee. As he mde is wy to the Fist floor. LYONS indicsted thatthe second floor was filled with tear gas nl that he passed by several officers with Al Srifles. Aer exsting the Capitol Building, T.YONS state tha he went direetly lo his vebice and left Washington, DC 27, LYONS adit that @ ehi_bvac was his Instagram zecount aud @hydra_shoc was Is Twitter ueebunt CONCLUSIONS OF AFFIANT 28, hase on the: foregaing, your affian submits that these iy probable cause ta elie thot LYONS violated: 4 18US.C. § 1952(@), which makes ica crime to (1) knowingly eater or remain in aay resleiced building vr grounds without lawTul authority to do so; @2) knowingly, anal ‘with intent to impede or disrupt che orderly conduct of Gavernment husiness oF oicial functions, engayye in disorderly or dimuptive comdhact in, cr within sich prosimity to, any restricted building or grounes when, of so that, sueh conduct, in fact, impedes or distupts the orderly conduct of Govesnment business or official unetions: (3) knowingly, and wih the intent w impede or disrupt dee orderly conduct of Government business or official functions, obsituct ori ‘ct of physical violence against any person or property in aay zesricted building or grounds; oF uttempls or conspines t do so. Por purposes of Section (752 of Title 18, a restricted building includes a posted, condoned off, or otherwise restiited wea ol a building or grounds where dhe President ur viber person protected by the Secret Service is or will be temporarily visting; or any building or grounds so restricted in ‘conjuction with nn svent clesignted as a speial event of ional significanecs nd 40 USC. §5104@)2), which makes it fane for an individual o¢ group of individuals to wilflly anu knowingly (A) enter remain an the Moor a either House of Congress or in any cluakraom oF aby aljacent that loo, in dhe Raybura Root of the Houss of Represeatives, or in the Mavble Room of the Senate, unless authorize Uo de so pursuant ly rules adopted, ov an authorization siven, by that House: (B) enter or remain inthe gallery of either House of Congress in violation of ral ning samission to the gallery adopted hy thie Howse or ‘pursuant to un authorization given by that House: (C) with the intent to disrupt the ‘ordevty conduct of oficial business, enter or remain in & room in any of the Capitol Buildings sel uside ne designated for the use ul Gp either House of Congress or a Member, commie officer. or employee of Congress, oreither House of Congress: or Gi) the Library of Congress; (D) utter land, threatening, or abusive langue, ‘engage in disorderly or disruptive conduct. at aay place in the Grouadls or in any of the Capitol Buildings with the intent to impede, distupt, or disturb the orderly emluet ofa sessiun af Congress areither House of Com ess, or the orderly eanduct in that building ofa bearing before, or any deliberations of, a commitee uf Congress or either House of Congress; (7) oheruct, or impede passage throu or within, the Grounds or any of the Capitol Buildings: (engage in an act of physical violence {in the Grounds or uny ofthe Capiul Buildings: or(G) parade, demonstrate, or picket juny of due Capitol Buildings. 10