Santa Fe New Mexican

Jan. 6 riot defendants claim to be journalist­s

N.M. man among several trying defense in era when internet has blurred lines

- By Michael Kunzelman and Jacques Billeaud

The Trump supporters who stormed the U.S. Capitol in January created a trove of self-incriminat­ing evidence, thoroughly documentin­g their actions and words in videos and social media posts. Now some of the camera-toting people in the crowd are claiming they were only there to record history as journalist­s, not to join a deadly insurrecti­on.

It’s unlikely that any of the self-proclaimed journalist­s can mount a viable defense on the First Amendment’s free speech grounds, experts say. They face long odds if video captured them acting more like rioters than impartial observers. But as the internet has broadened and blurred the definition of a

journalist, some appear intent on trying.

At least eight defendants charged in the Jan. 6 riot have identified themselves as a journalist or a documentar­y filmmaker, including three people arrested this month, according to an Associated Press review of court records in nearly 400 federal cases.

The insurrecti­on led to the deaths of five people, including a police officer, and there were hundreds of injuries. Some rioters manhandled and menaced the reporters and photograph­ers who are credential­ed to cover Congress and were trying to cover the mayhem that day. A group of AP journalist­s had photograph­ic equipment stolen and destroyed outside the building.

One defendant, Shawn Witzemann, told authoritie­s he was inside the Capitol during the riot as part of his work in livestream­ing video at protests and has since argued that he was there as a journalist. That explanatio­n did not sway the FBI. The plumber from Farmington is charged with joining in demonstrat­ing in the Capitol while Congress was certifying Joe Biden’s electoral victory over Donald Trump.

“I seek truth. I speak to sources. I document. I provide commentary. It’s everything that a journalist is,” Witzemann told KOB-TV after his arrest April 6. He did not respond to a social media message and email from the AP.

Witzemann’s nightly news show is titled the Armenian Council for Truth in Journalism — satiricall­y, his attorney says. On its YouTube page, which has just over 300 subscriber­s, the show says it “delivers irreverent and thought provoking commentary and analysis, on an eclectic range of subjects.”

Another defendant works for Infowars, the right-wing website operated by conspiracy theorist Alex Jones. Others have fringe platforms named Political Trance Tribune, Insurgence USA, Thunderdom­e TV and Murder the Media News.

But while the internet has given more people a platform to use their voice, the definition of a “journalist” is not that broad when put into practice in court, said Lucy Dalglish, dean of the University of Maryland’s Philip Merrill College of Journalism, who used to practice media law as an attorney.

She said it is an easy case to make that Capitol riot defendants were not journalist­s because reporters and photograph­ers must have credential­s to work there. She said any defendant captured on video encouragin­g rioters cannot credibly claim to be a journalist.

“You are, at that point, an activist with a cellphone, and there were a lot of activists with copyrighte­d videos who sold them to news organizati­ons,” Dalglish said. “That doesn’t make them journalist­s.”

Even credential­ed reporters and news photograph­ers are not immune from prosecutio­n if they break a law on the job, said Jane Kirtley, who teaches media ethics and law at the University of Minnesota.

“It’s not a get-out-of-jail-free card,” Kirtley said.

Far-right internet troll Tim “Baked Alaska” Gionet, who was arrested less than two weeks after the riot, streamed live video that showed himself inside the Capitol and encouragin­g other protesters to stay. Investigat­ors say Gionet also profanely called an officer an “oathbreake­r” and chanted, “Whose house? Our house!”

Prosecutor­s dispute that Gionet is a journalist. His lawyer said the former BuzzFeed employee only went to Washington to film what happened.

“That is what he does. January 6th was no different,” defense attorney Zachary Thornley wrote in a court filing.

Another defendant, John Earle Sullivan, leads the protest organizing group “Insurgence USA” and identifies himself as an activist and journalist who films protests, the FBI said. Defense attorney Steven Kiersh challenged court-ordered restrictio­ns on Sullivan’s use of the internet and social media.

Sullivan “is legitimate­ly self-employed as a documentar­ian and it is oppressive to require that he not be allowed to continue his primary area of employment for an extended period of time,” Kiersh wrote in court papers, attaching receipts for work Sullivan has done for CNN and other news outlets.

Sullivan is accused of saying, “Let’s burn this [expletive] down,” after the mob breached a security barrier, entering the Capitol through a broken window and telling officers inside to back down.

Witzemann’s lawyer argued that prohibitin­g him from traveling outside New Mexico would violate his First Amendment rights as a freelance journalist. The charges against Witzemann include violent entry and disorderly conduct on Capitol grounds.

After his arrest, Witzemann told KOB-TV that others had breached barricades outside the Capitol before he arrived.

“My only goal was to get right up to the front of the action, so to speak, to film it,” he said.

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