Missouri man claims 1/6 charges unconstitutional

A northwest Missouri man scheduled to go to trial early next year for allegedly breaching the Capitol on Jan. 6 is now arguing that his case should be dismissed, saying the charges are “undeniably unconstitutional.”

Lloyd Casimiro Cruz Jr. says he was merely exercising his First Amendment rights when he entered the building that day.

“Cruz’s indictment is aimed at chilling Cruz’s (and millions of others’) right to petition and speak against perceived government abuses at the Capitol,” said the motion, filed last week in U.S. District Court for the District of Columbia.

Cruz, 39, of Polo, Missouri, was arrested Feb. 28. Both charges against him are misdemeanors.