Aaron Mostofsky, the 34-year-old son of a judge in the state Supreme Court, appeared at a distance for the federal court hearing in Brooklyn. U.S. prosecutors in Washington, DC, have charged him with theft of government property.
He also faces charges of knowingly entering or residing in any restricted building or site without lawful authority, knowingly – with the intent to obstruct governmental affairs or official functions – unlawful conduct on Capitol grounds, and unlawful entry and disorderly conduct.
He was not asked to file a lawsuit at his initial court appearance and he was granted $ 100,000 bail by U.S. Magistrate Judge Sanket Bulsara.
Mostofsky’s father is the judge of the Kings County Supreme Court, Steven ‘Shlomo’ Mostofsky. A representative for the judge declined to comment on the charges.
Defense attorney Jeffrey Schwartz said Mostofsky is not a riot.
“I believe the evidence will show that he was not part of the mob, that he did not go on a rampage,” Schwartz said during the trial.
The judge approved a joint package allowing Mostofsky’s release and restricting his trip to New York City, banning him from communicating with co-accused or co-conspirators in the case and banning him from attending political rallies or to enter the state capitals.
“This is of particular importance given what is already widely reported, as the expected potential for social gatherings and the violence and threats associated with it,” U.S. Attorney Josh Hafetz said during the trial. “It is important that Mr. Mostofsky is not involved in the behavior he did last week. ‘
Schwartz said his client would have nothing to do with protest events.
“He understands how the whole thing in Washington got completely out of hand,” Schwartz said. He will stay far away from Washington, any political rallies. ‘
Schwartz said Mostofsky now has the sole interest of addressing these charges and finding a solution that is ‘fair’.
The FBI New York on Tuesday tweeted a warning to people violating federal law.
“For those in this area who are 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 the full power of the federal criminal justice system, “said Deputy Director William F. Sweeney Jr. said in a statement.
Sweeney also thanked members of the community who provided information and tips about the attack on the Capitol, saying, “We are stronger when we are united.”
Complaint refers to Capitol video interview
The criminal charge cites a video interview Mostofsky gave to the New York Post six days ago in the Capitol building, where he said he believed the election was stolen and that he traveled from his home in Brooklyn to Washington, DC has.
The complaint shared an image from the interview in which he apparently shows Mostofsky wearing a Capitol police jacket and a US riot shield, which according to the complaint told the interviewer what he found on the floor.
According to the complaint, authorities issued a warrant four days ago to gain access to Mostofsky’s currently unavailable Instagram account, where investigators found additional posts about Mostofsky’s presence in the Capitol during the riot.
According to the complaint, an Instagram message sent to Mostofsky says, ‘Your (sic) famous’, to which he apparently responded. “I (I know) unhappy.”
“But it was as if I was here now, how I got there,” Mostofsky said in a reply to the unknown person.
Another report uncovered by investigators allegedly by Mostofsky indicated that he was in a bus just after 6am last Wednesday and was on his way to Washington, DC, and that he was trying to have a meeting with ‘ coordinating a friend and instructing the friend to “look at a man who looks like a caveman,” according to the complaint.
Brother agrees to look after him
Mostofsky’s older brother, Neil Mostofsky, agreed to be a third-party custodian to ensure that his brother attended the hearings and complied with the terms of his release during the trial. Elder Mostofsky described himself as part of an organization that “educates members of Congress” but is currently “financially declining” due to the pandemic, saying his family is “extremely close”.
According to federal prosecutors, Mostofsky could face up to 10 years in prison if convicted on the highest charge.
He is expected to appear at a video hearing in the District of Columbia on January 25.