The New York Post photographed and interviewed Mostofsky inside the Capitol on Jan 6th. He was approximately the 12th individual inside, entering around 2:13 P.M through the Senate Wing Door. He retrieved items on the floor which belonged to police and alleges he gave them back. There is no documentation that Mostofsky engaged in violence.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Aaron
- Last Name(s): Mostofsky
- Case Number: 1:21-cr-138
- Arrest Location: Brooklyn, NY
- Judge: James Boasberg
- Entry Last Updated: 11/09/2022
- Date Docket Downloaded: 04/05/2022
- Currently Incarcerated: No
- Support: We are not aware of any donation campaigns to help cover Aaron Mostofsky's legal and living expenses. If one is in place, please contact us with the details. If one is not yet in place, consider creating a donation campaign with GiveSendGo, and then send that link to us.
Charges
Civil Disorder (1) Obstruction of an Official Proceeding and Aiding and Abetting (2) Assaulting, Resisting, or Impeding Certain Officers (3) Theft of Government Property (4); Entering and Remaining in a Restricted Building or Grounds (5) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (6) Disorderly Conduct in a Capitol Building (7); Parading, Demonstrating, or Picketing in a Capitol Building. (8)
Case Status
Mostofsky was arrested on 1/12/21 in Brooklyn, NY. Indicted 2/19/21. Pleaded not guilty to counts 1-8 and released on conditions on 3/9/21. On 8/31, his attorney filed a second motion to dismiss counts 1, 2, 5, and 6. On 2/2/22, he entered a plea of guilty as to counts 1, 4 and 5 of the Superseding Indictment. Sentencing held on 5/6/2022, sentenced to eight (8) months incarceration on count 1ss to run concurrent to counts 4ss and 5ss, followed by twelve (12) months Supervised Release to run concurrent to counts 4ss and 5ss, Special Assessments totaling $150, and Restitution in the amount of $2000. Oral motion by the government to, dismiss the remaining counts heard and granted.
Defense Lawyer
David B. Smith
USA Attorney
Graciela Rodriguez Lindberg
Graciela Rodriguez Lindberg
UNITED STATES ATTORNEY'S OFFICE-Laredo Division, Southern District of Texas
11204 McPherson Rd
Ste 100A
Laredo, TX 78045
956 723 6523
[email protected]
LEAD ATTORNEY-ATTORNEY TO BE NOTICEDDesignation: Assistant US Attorney
USA Attorney
Kimberly Louise Paschall
Kimberly Louise Paschall, US ATTORNEY's OFFICE, 555 4th St, NW, Washington, DC 20530, 202 252 2650, [email protected], TERMINATED 4/26/21-LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: US Assistant Attorney
Prison Name
N/A-released
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Mostofsky Docket Sheet as of 04/05/2022
- #1-COMPLAINT as to AARON MOSTOFSKY
- #3 Rule 5(c)(3) Documents Received as to AARON MOSTOFSKY from U.S. District Court Eastern District of New York (Brooklyn) Case Number 1:21-mj-27-SJB (bb) [1:21-mj-00034-ZMF]
- #4 NOTICE OF ATTORNEY APPEARANCE Jeffrey Napoleon Poulin appearing for USA. [1:21-mj-00034-ZMF]
- #5-ORDER Setting Conditions of Release as to AARON MOSTOFSKY
- #6-INDICTMENT as to AARON MOSTOFSKY
- #9-NOTICE OF ATTORNEY APPEARANCE- Nicholas D. Smith appearing for AARON MOSTOFSKY
- #10-NOTICE OF ATTORNEY APPEARANCE- David Benjamin Smith appearing for AARON MOSTOFSKY
- #12 Unopposed MOTION to Continue and to Exclude Time Under the Speedy Trial Act by USA as to AARON MOSTOFSKY.
- #13 Unopposed MOTION for Protective Order by USA as to AARON MOSTOFSKY.
- #14 ORDER granting 13 Motion for Protective Order as to AARON MOSTOFSKY (1). Signed by Judge James E. Boasberg on 3/26/21.
- #16-NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Paschall, Kimberly Louise added
- #17-NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Lindberg, Graciela Rodriguez added
- #18-Joint STATUS REPORT by USA as to AARON MOSTOFSKY
- #19 MOTION to Continue, MOTION to Exclude Time Under the Speedy Trial Act by USA as to AARON MOSTOFSKY.
- #23 Unopposed MOTION for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to AARON MOSTOFSKY.
- #25-SUPERSEDING INDICTMENT as to AARON MOSTOFSKY
- #27 First MOTION for Bill of Particulars regarding the superseding indictment by AARON MOSTOFSKY.
- #28-MOTION to Compel Production of Mobile Phone by AARON MOSTOFSKY
- #29-NOTICE of Withdrawal by AARON MOSTOFSKY re 28 MOTION to Compel Production of Mobile Phone
- #30-ORDER granting 23 Motion for Disclosure as to AARON MOSTOFSKY
- #31 RESPONSE by USA as to AARON MOSTOFSKY re 27 First MOTION for Bill of Particulars regarding the superseding indictment
- #32-REPLY in Support by AARON MOSTOFSKY
- #33 NOTICE of Filing Discovery Correspondence by USA as to AARON MOSTOFSKY
- #33 a) Discovery Letter
- #34 NOTICE of United States' Memorandum Regarding Status of Discovery by USA as to AARON MOSTOFSKY
- #34 a) Exhibit A
- #36 ORDER granting in part and denying in part 27 Motion for Bill of Particulars as to AARON MOSTOFSKY (1). Signed by Judge James E. Boasberg on 7/27/2021.
- #37-MEMORANDUM OPINION in re of 36 ORDER granting in part and denying in part 27 Motion for Bill of Particulars as to AARON MOSTOFSKY
- #38 RESPONSE TO ORDER OF THE COURT by USA as to AARON MOSTOFSKY re 36 Order on Motion for Bill of Particulars
- #40 MOTION to Compel Federally Protected Function Evidence on an Expedited Basis by AARON MOSTOFSKY.
- #41 MOTION to Compel Production of Brady Compilation Evidence by AARON MOSTOFSKY.
- #42 RESPONSE by USA as to AARON MOSTOFSKY re 40 MOTION to Compel Federally Protected Function Evidence on an Expedited Basis
- #43 REPLY TO OPPOSITION to Motion by AARON MOSTOFSKY re 40 MOTION to Compel Federally Protected Function Evidence on an Expedited Basis
- #44 NOTICE of United States' Memorandum Regarding Status of Discovery as of August 23, 2021 by USA as to AARON MOSTOFSKY
- #45-STRICKEN PURSUANT TO THE MINUTE ORDER FILED ON 8.31.2021 First MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment by AARON MOSTOFSKY
- #46-MOTION for Leave to File Excess Pages in Motion to Dismiss Counts One, Two, Five and Six of the Superseding Indictment by AARON MOSTOFSKY.
- #47-Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment by AARON MOSTOFSKY
- #47 a) Exhibit Section 231(a)(3) Defs
- #47 b) Exhibit Certificate of Service
- #49-RESPONSE by USA as to AARON MOSTOFSKY re 41 MOTION to Compel Production of Brady Compilation Evidence
- #50-Memorandum in Opposition by AARON MOSTOFSKY re 48 MOTION to Vacate Trial Date and MOTION to Continue Trial and MOTION to Exclude Time Under the Speedy Trial Act
- #52-RE~1
- #53-NOTICE of Factual Support for Status Conf. Statements re Government Position re Administration of Justice by AARON MOSTOFSKY
- #54- NOTICE of Recent Authority in The Dream Defenders v. Ron DeSantis (N.D. Fla. Sept. 9, 2021) by AARON MOSTOFSKY re 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #54 a) Exhibit 1
- #55-Unopposed MOTION for Extension of Time to File Response-Reply as to 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #56-NOTICE United States' Memorandum Regarding Status of Discovery as of September 14, 2021 by USA as to AARON MOSTOFSKY
- #57-RESPONSE by USA as to AARON MOSTOFSKY
- #58-MO~1
- #59-UN~1
- #60-MOTION for Leave to File Excess Pages in line with Parties' Opening Memoranda by AARON MOSTOFSKY.
- #61-REPLY TO OPPOSITION to Motion by AARON MOSTOFSKY
- #63 NOTICE of Comprehensive January 6 Plea Agreement Chart Published on 10/13/21 by AARON MOSTOFSKY re 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #63 a) Exhibit Jan 6 Plea Agreement Chart
- #64 Joint STATUS REPORT by USA as to AARON MOSTOFSKY
- #66 NOTICE of Recent Government Offers to Drop Section 1512(c)(2) Charges in January 6 Cases by AARON MOSTOFSKY re 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #67 NOTICE REGARDING STATUS OF DISCOVERY by USA as to AARON MOSTOFSKY
- #68 NOTICE REGARDING STATUS OF DISCOVERY by USA as to AARON MOSTOFSKY
- #69 2nd Superseding Indictment as to AARON MOSTOFSKY
- #71 NOTICE of Mostofsky's Position Re Return of Second Superseding Indictment Following Briefing on Motion to Dismiss the First Superseding Indictment by AARON MOSTOFSKY re 69 Indictment
- #72 RESPONSE by USA as to AARON MOSTOFSKY re 71 Notice (Other)
- #73 NOTICE OF ATTORNEY APPEARANCE Michael John Romano appearing for USA.
- #75 NOTICE of Briefing on the Meaning of the Term "Corruptly" in the Context of Obstruction of Congress by AARON MOSTOFSKY re 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #75 a) Exhibit Supplemental Brief on "Corruptly" Element
- #76 Memorandum in Opposition by USA as to AARON MOSTOFSKY re 47 Second MOTION to Dismiss Count One, Two, Five and Six of the Superseding Indictment
- #77 REPLY by AARON MOSTOFSKY re 76 Memorandum in Opposition re the Government's New Commerce Argument under Section 231(a)(3)
- #78 NOTICE Supplemental Briefing by USA as to AARON MOSTOFSKY re 75 Notice (Other)
- #78 a) Supplement
- #79 NOTICE Reply Briefing by USA as to AARON MOSTOFSKY re 75 Notice (Other)
- #79 a) Supplement
- #80 MOTION for Leave to File Response to Severability Claim by USA as to AARON MOSTOFSKY.
- #81 REPLY by AARON MOSTOFSKY re 79 Notice (Other) re The Government's Submissions of Legal Memoranda After the Briefing Cycle Has Closed
- #81 a) Exhibit Brief in reply to the Nordean supplement on "corruptly" submitted at ECF No. 79-1
- #82 MOTION in Limine Regarding Cross-Examination of U.S. Secret Service Witnesses by USA as to AARON MOSTOFSKY.
- #83 MOTION in Limine to Preclude Certain Defense Arguments and Evidence by USA as to AARON MOSTOFSKY.
- #84 MOTION in Limine Regarding Authentication of Video Evidence by USA as to AARON MOSTOFSKY.
- #85 Defendant Mostofsky's Unopposed Motion to Continue Trial
- #87 ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that Defendant's 47 Second Motion to Dismiss is DENIED. Signed by Judge James E. Boasberg on 12/21/2021.
- #88 MEMORANDUM OPINION re 87 Order on Defendant's Second Motion to Dismiss. Signed by Judge James E. Boasberg on 12/21/2021.
- #89 Supplemental MOTION in Limine Regarding Authentication of Congressional Video and Other Evidence by USA as to AARON MOSTOFSKY.
- #89 a) Exhibit 1 - U.S. Constitution, Article II, Section 1
- #89 b) Exhibit 2 - U.S. Constitution, Twelfth Amendment
- #89 c) Exhibit 3 - 3 U.S.C. 15
- #89 d) Exhibit 4 - 3 U.S.C. 16
- #89 e) Exhibit 5 - 3 U.S.C. 17
- #89 f) Exhibit 6 - U.S.C. 18
- #89 g) Exhibit 7 - Declaration of Diego Torres
- #89 h) Exhibit 8 - Declaration of Douglas Massengale
- #90 Unopposed MOTION for Extension of Time to File Response/Reply as to 89 Supplemental MOTION in Limine Regarding Authentication of Congressional Video and Other Evidence, 84 MOTION in Limine Regarding Authentication of Video Evidence, 83 MOTION in Limine to Preclude Certain Defense Arguments and Evidence, 82 MOTION in Limine Regarding Cross-Examination of U.S. Secret Service Witnesses by AARON MOSTOFSKY.
- #91 Unopposed MOTION for Extension of Time to File Response/Reply as to 89 Supplemental MOTION in Limine Regarding Authentication of Congressional Video and Other Evidence, 84 MOTION in Limine Regarding Authentication of Video Evidence, 83 MOTION in Limine to Preclude Certain Defense Arguments and Evidence, 82 MOTION in Limine Regarding Cross-Examination of U.S. Secret Service Witnesses by AARON MOSTOFSKY.
- #93 PLEA AGREEMENT as to AARON MOSTOFSKY (1).
- #94 Statement of Offense as to Aaron Mostofsky
- #95-Memorandum Concerning Status of Discovery
- #100 SENTENCING MEMORANDUM by USA as to AARON MOSTOFSKY
- #101 SENTENCING MEMORANDUM by AARON MOSTOFSKY
- #101 a) Exhibit 1 -Letters in Support
- #103 NOTICE of Videos for Sentencing by USA as to AARON MOSTOFSKY re [100] Sentencing Memorandum
- #104 NOTICE (Supplemental) of Filing of Videos Pursuant to Local Criminal Rule 49 by USA as to AARON MOSTOFSKY re [103] Notice (Other)
- #107 ERRATA by USA as to AARON MOSTOFSKY re 103 Notice (Other) filed by USA
- #110 JUDGMENT as to AARON MOSTOFSKY. Statement of Reasons Not Included. Signed by Judge James E. Boasberg on 5/6/2022
- #113 MOTION for Order Directing BOP to Permit Legal Calls by AARON MOSTOFSKY.
- #114 NOTICE of FCI Danbury's Written Refusal to Permit the Defendant a Legal Call by AARON MOSTOFSKY re 113 MOTION for Order Directing BOP to Permit Legal Calls
- #114 a) Exhibit 1 - Email to FCI Danbury Requesting Legal Call with Defendant
- #114 b) Exhibit 2 - Email from FCI Danbury Denying the Defendant Any Legal Call
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