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Press Release

North Carolina Man Arrested on Felony and Misdemeanor Charges For Actions During Jan. 6 Capitol Breach

For Immediate Release
U.S. Attorney's Office, District of Columbia
Defendant Accused of Joining Push Against Law Enforcement in Lower West Terrace Tunnel

            WASHINGTON — A North Carolina man has been arrested on felony and misdemeanor charges for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Nathan Baer, 43, of Asheville, North Carolina, is charged with the felony offense of obstruction of law enforcement during a civil disorder; and misdemeanor offenses of entering or remaining on restricted grounds without lawful authority to do so; disorderly or disruptive conduct in a restricted building or grounds; and disorderly conduct in a Capitol building.

            Baer was arrested in Asheville and made his initial appearance today in the Western District of North Carolina.

            According to court documents, video footage taken from multiple sources on Jan 6., 2021, at the U.S. Capitol building show an individual, later identified as Defendant Baer, making his into the lower west tunnel entrance at approximately 2:50 p.m. While inside this tunnel, court records say that Baer worked with other rioters to push his body back and forth in a concerted “heave-ho” movement against the line of officers.

            This case is being prosecuted by the United States Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the United States Attorney’s Office for the Western District of North Carolina.

            This case is being investigated by the FBI’s Washington Field Office which identified Baer as #112 on its seeking information photos. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Updated June 26, 2023

Violent Crime
Press Release Number: 23-352