A federal grand jury last week indicted a Miami Lakes woman on one felony and four misdemeanor charges related to the January 6, 2020 riots at the U.S. Capitol in Washington, D.C.
Citing closed-circuit television footage of the Capitol, cellphone records, photos, videos and text messages, FBI agents say 23-year-old Barbara Balmaseda illegally entered the Capitol building on the day of the joint session of Congress to vote for to certify the Electoral College for the President. Joe Biden.
Balmaseda was arrested in December on charges of obstruction of official proceedings and entering or remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating or picketing. in a Capitol building.
The grand jury indicted her on all of these charges last Wednesday. Her attorney, Nayib Hassan, said in a statement to the Miami Herald on Tuesday that Balmaseda has pleaded not guilty, and her most serious charge could be moot depending on how the Supreme Court rules on a pending argument over the state’s interpretation of federal law. prosecutors. law relating to obstruction of official proceedings.
“We look forward to mounting a vigorous defense on her behalf as we have entered a plea of not guilty. It is our position that the government is overzealously pursuing charges against individuals like our client, which have very little to no connection to what happened in Washington DC on January 6, 2021.” Hassan said. “Moreover, we are patiently waiting for the ruling of the [Supreme Court] to the 1512 allegations as they could have a direct impact on Ms Balmaseda’s case.
“1512” refers to Section 1512 of the United States Code regarding witness tampering. It’s the part of the code that prosecutors use to charge suspects in the Capitol attacks with felony obstruction. Attorneys for another Jan. 6 defendant, Joseph Fischer, argue before the Supreme Court that since rioters did not destroy any evidence in a legislative investigation, the section does not address Fischer’s actions that day, according to an April story on the website Constitution Daily Blog from the National Constitution Center.
Prosecutors used the provision to convict more than 300 Jan. 6 defendants and it is also being used in the case against former President Donald Trump.
The Miami New Times reported that Balmaseda was well-known in Republican circles in South Florida and interned for Senator Marco Rubio between 2018 and 2019.
According to the indictment, she traveled to Washington, D.C., the day before the riots with a man named Gabriel Augustin Garcia, a member of the right-wing Proud Boys group.
The FBI says Garcia and Balmaseda entered the Capitol through the Senate wing at 2:16 p.m., four minutes after rioters initially entered the building.
The pair then entered an area known as the crypt, where Capitol Police officers attempted to hold back the crowd of attackers.
Around that time, Garcia posted a video of himself on Facebook saying, “We just went ahead and stormed the Capitol,” according to the complaint.
A jury found Garcia guilty in November of obstruction of an official proceeding and interference with law enforcement during a civil unrest. He is expected to be sentenced for both crimes on September 3.
Garcia and Balmaseda then pushed their way to the front of the rioters, all of whom overran Capitol Police officers, according to the complaint.
Balmaseda remained in the Rotunda and took a photo of Garcia standing next to a statue of former President Ronald Reagan. She left the building at 3:11 p.m., the complaint said.
