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v. : VIOLATION S:

:

JOHN EARLE SULLIVAN, : 18 U.SC. § § 231(a)(3) , 2

: (Civil Disorders)

Defendant. :

: 18 U.S.C. § 1752(a)

: (Restricted Building or Grounds)

:

: 40 U.S.C. § 5104(e)(2)

: (Violent Entry or Disorderly Conduct)

AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

AND ARREST WARRANT

I, Matthew B. Foulger , being first duly sworn, hereby depose and state as follows:

PURPOSE OF AFFIDAVIT

1. This Affidavit is submitted in support of a C riminal Complaint charging JOHN

EARLE SULLIVAN (SULLIVAN) with violation s of 18 U.S.C. § § 231(a)(3) & 2, 18 U.S.C. §

1752(a) , and 40 U.S.C. § 5104(e) (2). I respectfully submit that this Affidavit establishes probable

cause to believe that SULLIVAN (1) commit ted or attempted to commit , any act to obstruct,

impede , or interfere with any fireman or law enforcement officer lawfully engaged in the lawful

performance of his official duties incident to and during the commission of a civil disorder which

in any way or degree obstructs, delays, or adversely affects the performance of any federally

protected function; (2) did knowingly enter or remain in any restricted building or grounds without

lawful authority, or did knowingly, and with intent to impede or disrupt the orderly conduct of

Government business or officia l functions, engage in disorder ly or disruptive conduct, and (3 ) did

willfully and knowingly engage in disorderly or disruptive conduct, at any place in the Grounds or Case 1:21-cr-00078-EGS Document 1-1 Filed 01/13/21 Page 1 of 182

in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of

a session of Congress or either House of Congress, or the orderly conduct in that building of any

deliberations of either House of Congress . Specifically, on or about January 6, 2021, SULLIVAN

knowingly and willfully joined a crowd of individuals who forcibly entered the U.S. Capitol and

impeded, disrupted, and disturbed the orderly conduct of business by the United States House of

Representatives and the United States Senate.

BACKGROUND OF AFFIANT

2. I am a Special Agent with the United States Department of Justice, Federal

Bureau of Investigation (FBI), and have been employed in that capacity for nine years. I am

currently assigned to the Salt Lake City Division of the FBI and have primary investigative

responsibility for federal crimes related to national security and domest ic terrorism. I gained

experience in the conduct of such investigations through previous case investigations, formal

training, and in consultation with law enforcement partners in local, state, and federal law

enforcement agencies. I have been trained to i nvestigate federal crimes and have investigated an

array of complex federal crimes. I have training and experience in the use of cellular telephones

during and in the furtherance of criminal activity. I also have training and experience in the

searching of cellular telephones to ascertain evidence of criminal conduct that may be present on

such devices. In these investigations, I have been involved in the application for and execution of

numerous arrest and search warrants related to the aforementioned crim inal offenses. Through my

training and experience, I am familiar with the actions, habits, traits, methods, and terminology

utilized by violent criminal offenders.

3. Unless otherwise stated, the information in this Affidavit is either personally known

to me , has been provided to me by other individuals, or is based on a review of various documents, Case 1:21-cr-00078-EGS Document 1-1 Filed 01/13/21 Page 2 of 183

records, and reports. Because this Affidavit is submitted for the limited purpose of establishing

probable cause to support an application for an arrest warrant, it does not contain every fact known

by me or the United States. The dates listed in this Affidavit should be read as “on or about” dates.

BACKGROUND

4. The U.S. Capitol, which is located at First Street, SE, in Washington, D.C., is

secured 24 hours a day by U.S. Capitol Police. Restrictions around the U.S. Capitol include

permanent and temporary security barriers and posts manned by U.S. Capitol Police. Only

authorized people with appropriate identification are allowed access inside the U.S. Capitol.

5. On January 6, 2021, the exterior plaza of the U.S. Capitol was closed to members of

the public.

6. On January 6, 2021, a joint session of the United States Congress convened at the

United States Capitol, which is located at First Street, SE, in Washington, D.C. D uring the joint

session, elected members of the United States House of Representatives and the United States

Senate were meeting in separate chambers of the United States Capitol to certify the vote count of

the Electoral College of the 2020 Presidential E lection, which had taken place on November 3,

2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30

p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. Vice

President M ike Pence was present and presiding, first in the joint session, and then in the Senate

chamber.

7. As the proceedings continued in both the House and the Senate, and with Vice

President Mike Pence present and presiding over the Senate, a large crowd gathered outside the

U.S. Capitol. As noted above, temporary and permanent barricades were in place around the

exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep Case 1:21-cr-00078-EGS Document 1-1 Filed 01/13/21 Page 3 of 184

the crowd away from the Capitol building and the proceedings underway inside. The crowd

included many people who expressly objected to the conduct of the proceedings to certify the vote

count of the Electoral College of the 2020 Presidential Election, and who expressly stated that their

purpose was to stop o r disrupt those proceedings.

8. At approximately 2:00 p.m., certain individuals in the crowd forced their way

through, up, and over the barricades, and past officers of the U.S. Capitol Police, including by

engaging in assaultive and abusive conduct towards o fficers of the U.S. Capitol Police who lawfully

attempting to block access to the U.S. Capitol. The crowd then advanced to the exterior façade of

the building. The crowd was not lawfully authorized to enter or remain in the building and, prior

to enterin g the building, no members of the crowd submitted to security screenings or weapons

checks by U.S. Capitol Police Officers or other authorized security officials.

9. At such time, the certification proceedings, specifically, the proceedings in the

House and S enate to address the objection, were still underway and the exterior doors and windows

of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted

to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m.,

individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by

assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those

acts.

10. Shortly thereafter, at approximately 2:20 p.m. members of the United States House

of Representatives and United States Senate, including the President of the Senate, Vice President

Mike Pence, were instructed to —and did—evacuate the chambers. Accordingly, all proceedings

of the United States Congress, including the joint session, were effectively suspended until shortly

after 8:00 p.m. the same day. In light of the dangerous circumstances caused by the unlawful entry Case 1:21-cr-00078-EGS Document 1-1 Filed 01/13/21 Page 4 of 185

to the U.S. Capitol, including the danger posed by individuals who had entered the U.S. Capitol

without any security screening or weapons check, Congressional proceedings could not resume

until after every unauthorized occupant had left the U.S. Capitol, and the building had been