Man who said January 6 was ‘magical’ acquitted in US Capitol riot case

By Andrew Millman and Casey Gannon, CNN

A federal judge on Wednesday found Matthew Martin not guilty of four federal misdemeanors related to trespassing — marking the first time a US Capitol riot defendant was acquitted of all charges.

Martin, who worked for a government contractor before his arrest following the riot, successfully argued that a US Capitol Police officer waved him into the building. At least one video played during the trial appeared to show an officer moving his arm in a waving motion.

The acquittal is a major milestone in the massive January 6 investigation, as hundreds of people face the same misdemeanors as Martin. Dozens of rioters have alleged that they were allowed into the Capitol by police officers and that they did not know entering the building was illegal. The not guilty verdict is likely to embolden more alleged rioters to head to trial with similar claims.

Judge Trevor McFadden, an appointee of former President Donald Trump, issued the ruling after a two-day bench trial that started on Tuesday.

McFadden on Wednesday said Martin “more likely than not” committed at least one of the misdemeanors — but that “close calls” go to the defendant in the American judicial system.

Martin was the first Capitol riot defendant to testify in his own defense.

“If the cops weren’t letting people in, I would not have gone in,” Martin said during his testimony on Wednesday. Martin described the activity outside of the Capitol on January 6 as a “big block party.”

“It was a magical day in many ways,” Martin said.

Martin also told the court that at the time, he did not think the riot was violent and only later found out that people had died.

McFadden has emerged as one of the most skeptical federal judges of the Justice Department’s hardline prosecutorial approach in riot cases.

In March, McFadden questioned whether the Justice Department had enough evidence to prove that defendant Cuoy Griffin had knowingly broken the law and found him guilty on one of two misdemeanor charges.

More than 530 criminal cases related to January 6 are still pending.

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