Aaron Mostofsky, the 34-year-old son of a state Supreme Court judge, remotely attended the Brooklyn federal court case. US prosecutors in Washington, DC, accused him of theft of government property.
He also faces charges of intentionally entering or staying in any restricted building or land without legal authority, knowingly – with the intention of preventing government business or official functions – engaging in disorderly conduct on Capitol land, and illegal entry and disorderly conduct.
He was not asked to enter an argument at his initial court hearing and was granted $ 100,000 bail by US judge Sanket Bulsara.
Mostofsky’s father is the Supreme Court judge for Kings County, Steven “Shlomo” Mostofsky. A representative of the judge declined to comment on the charges.
Defense attorney Jeffrey Schwartz said Mostofsky was not a riot.
“I believe the evidence will show that he was not part of the crowd, that he was not stirring,” Schwartz said at the hearing.
The judge approved a joint package that allows Mostofsky’s release and limits his travel to New York City, prohibits him from communicating with co-defendants or co-conspirators in the case, and prohibits him from participating in political rallies or entering in state capitals.
“These are of particular importance, given what is already widely publicized, as expected potential for social gatherings and the violence and threats associated with them,” said US Attorney General Josh Hafetz at the hearing. “It is important that Mr. Mostofsky does not get involved in the behavior he had last week.”
Schwartz said his client will have nothing to do with protest events.
“He understands how the whole thing in Washington got completely out of control,” said Schwartz. He will stay away from Washington, from any political rally. “
Schwartz said that Mostofsky’s only interest now is to deal with these charges and obtain a resolution that is “fair”.
The New York FBI tweeted a warning on Tuesday to people it considered violating federal law.
“For those in this area considering participating in future activities similar to Mr. Mostofsky’s alleged behavior, let me be clear: the FBI will find you, arrest you and do our part to ensure that you face the full force of federal criminal justice system, “said assistant director in charge William F. Sweeney Jr. in a statement.
Sweeney also thanked community members who provided information and tips related to the attack on the Capitol, adding, “We are stronger when we are united.”
Complaint quotes Capitol video interview
The criminal complaint cites a video interview Mostofsky gave the New York Post while inside the Capitol building six days ago, where he says he believes “the election was stolen” and that he traveled from his Brooklyn home to Washington, DC.
The complaint shared an image of the interview, allegedly showing Mostofsky wearing a capitol from the Capitol Police and carrying a riot shield from the U.S. Capitol Police, which, according to the complaint, he told the interviewer he found on the floor.
The complaint states that authorities issued a search warrant to access Mostofsky’s now unavailable Instagram account four days ago, where investigators found additional posts about Mostofsky’s presence on Capitol Hill during the riot.
According to the complaint, an Instagram message sent to Mostofsky said: “Your (sic) famous”, to which he allegedly replied. “IK (I know) unfortunately.”
“But it’s like I’m here now, how I got there,” said Mostofsky, supposedly in a response to the unidentified person.
Another post discovered by investigators allegedly from Mostofsky indicated that he was on a bus shortly after 6 am last Wednesday bound for Washington, DC, and that he tried to coordinate a meeting with a friend, instructing him to “look for a similar guy. with a caveman, “according to the complaint.
Brother agrees to take care of him
Mostofsky’s older brother, Neil Mostofsky, agreed to be a third custodian to ensure that his brother attended the hearings and complied with the terms of his release during the hearing. Elder Mostofsky described himself as part of an organization that “educates members of Congress” but is now “financially extinct” due to the pandemic, and said his family is “extremely close”.
Mostofsky faces up to 10 years in prison if convicted on the maximum charge, according to federal prosecutors.
He is expected to appear at a video hearing in the District of Columbia on January 25.