Joseph Biggs, 37, was arrested in central Florida and faces charges of obstructing an official proceeding before Congress, entering a restricted area on the grounds of the U.S. Capitol and disorderly conduct.I'm not sure "intent" is necessary. He was photographed inside the capitol, so that's "entering a restricted". Every one who 'entered' is therefore guilty of "obstructing the proceeding' I guess, because it was suspended for several hours. Disorderly conduct: climbed in through a window, etc.
They are small, mouse-nuts charges. I guess they will seek incredibly stupid-long sentences for them.
I'm not a lawyer, but just from a civilian point of view: If you go into the Capitol in the way these guys did, (smashing windows) yeah, you broke the law, and you knew you were doing it, and so shouldn't be surprised you are getting arrested for it.
Code Pink, the specialist in disrupting Capitol Hill hearings, always get arrested for it. Four CODEPINK Activists Arrested Today as Pompeo Testified
The use of walki-talkies isn't a separate charge. The guy who smashed the window with a shield was a Proud Boy, if they can show they were communicating, then it's pretty hard to argue he didn't *know* that they had broken into the capital, he thought the guards had just let them in.
Which appears to be his defense. (He said he used the bathroom and left.)
Thanks.