Biden Administration’s Justice Department makes first request to drop a Capitol riot case

The Justice Department on Tuesday asked to drop the Capitol riot case against defendant Christopher Kelly of New York, in one of the first moves to resolve one of the hundreds of federal cases related to the incident.

In January, Kelly was accused of entering the Capitol and obstructing Congress, after a confidential source told the FBI he was posting on Facebook about the riot. Prosecutors got his Facebook account, and found an apparent photo of him posing outside the Capitol building on the National Mall, according to arrest documents. But no photos were included of him inside the building, and investigators reasoned that messages he was sending about the siege were meant to show he was inside the Capitol, the arrest documents said.

“The government and defense counsel have discussed the merits of the case, and upon reflection of the facts currently known to the government, the government believes that dismissal without prejudice at this time serves the interests of justice,” prosecutors wrote in a filing on Tuesday. The judge has not yet signed off on the case dismissal [CNN].


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