An Oregon man who reportedly identified himself in an image taken amid the Capitol riot in early 2021 was accused by federal authorities of the felony offense of obstruction of an official proceeding and a series of misdemeanors. The obstruction offense carries up to 20 years in prison if guilty, though precedent suggests that actual sentences would fall significantly below that level.
Defendant David Medina was accused of joining the pro-Trump mobs’ incursions into the actual Capitol building, a subset of riot participants where prosecutors have focused. The timeline presented by authorities places Medina at one point outside an office for then-Speaker of the House Rep. Nancy Pelosi (D-Calif.), hitting a wooden sign that was apparently then broken. Per the allegations against him, Medina also picked up what details suggest was an American flag displayed somewhere inside the Capitol building, toting the piece inside of the Rotunda.
The self-identification came in August of last year. Directly asked whether an image from the Capitol depicted him, Medina reportedly replied: “Yes it is. #FBIsFavoriteCitizen”. The exchange happened on X, the platform formerly called Twitter. Though Medina seemingly wasn’t accused of directly perpetrating physical violence against police, allegedly entering the actual Capitol building has still spurred serious charges for many. There’s also now the precedent of an appeals court ruling in Washington, D.C., upholding disorderly conduct allegations against a rioter whose conduct, when considered in isolation, could technically be argued to be less than “disorderly” but still violated the established legal demands for the day.
Donald Trump continues characterizing detainees with criminal allegations originating in the Capitol riot as “hostages,” alleging a political scheme behind the proceedings, but accused participants in the violence have consistently had access to the procedural protections normally available to persons subject to the justice system. Some charges have even failed, which isn’t exactly the mark of proceedings rigged against them.
