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Press Release

North Carolina Man Pleads Guilty to Felony Charge for Actions During Jan. 6 Capitol Breach

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

            WASHINGTON – A North Carolina man pleaded guilty today to a felony charge related to his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and those of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Nathan Baer, 44, of Asheville, North Carolina, pleaded guilty in the District of Columbia to a felony charge of civil disorder before U.S. District Judge Rudolph Contreras. Judge Contreras will sentence Baer on Sept. 6, 2024.

            According to court documents, at approximately 2:50 p.m., on Jan. 6, 2021, Baer was identified near the Tunnel entrance on the Lower West Terrace of the Capitol building, also referred to as the Tunnel. Here, at the Tunnel, some of the most violent attacks against law enforcement on January 6th occurred. Court documents say that Baer entered the Tunnel at approximately 3:02 p.m. as rioters in the Tunnel began to move back and forth, applying force against the police line ahead of them that was guarding the door entrance into the Capitol building. Baer participated in this effort, pushing his body against the rioters in front of him, at one point bracing himself by putting his hand on the Tunnel wall.

            At about 3:07 p.m., the police deployed OC spray to disperse the rioters. Baer, standing at the mouth of the Tunnel, passed up a police shield toward the door where the police were standing. The rioters closest to the police line were using the shields both defensively and offensively against the police. Approximately 30 seconds later, Baer handed up another police shield and pushed his body against the rioters in front of him.

            Baer exited the Tunnel around 3:11 p.m.; however, he remained at the mouth of the Tunnel. About 30 seconds later, another heave-ho effort began in front of Baer, and he walked back into the Tunnel, pushing on the rioters in front of him and participating in the back-and-forth movement. The rioters yelled, “Heave! Ho!” as they moved back and forth to push against police. He then passed another riot shield to others ahead of himself.

            Baer then made his way toward the police line and the doors to the Capitol building. Police then began to advance in an effort to expel rioters from the Tunnel; however, Baer and the other rioters physically resisted these efforts. Baer exited the Tunnel for a second time at approximately 3:19 p.m.

            The FBI arrested Baer on June 26, 2023, in Asheville, North Carolina.

            The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Western District of North Carolina provided valuable assistance.

            This case was investigated by the FBI’s Washington Field Office, which identified Baer as BOLO (Be on the Lookout) #112 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 38 months since Jan. 6, 2021, more than 1,358 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 486 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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

Updated April 5, 2024

Violent Crime
Press Release Number: 24-303