WASHINGTON (CN) — A federal jury heard opening arguments on Wednesday in the trial of a Capitol rioter who was filmed smoking marijuana in Oregon Senator Jeff Merkley’s office on Jan. 6, 2021, and has chosen to represent himself as he faces charges related to his actions that day.
Brandon Fellows, who was photographed wearing a knit hat in the image of a knight’s cap and a knit red beard, was charged with 10 counts for obstructing an official proceeding, entering the restricted Capitol grounds and disorderly conduct in the Capitol building.
The proceedings before U.S. District Judge Trevor McFadden, a Donald Trump appointee, will continue throughout the week.
During his opening statement, Fellows made it clear that he did not see any fault in his actions at the Capitol that day, calling Jan. 6 a “beautiful day” and saying he was glad members of Congress were afraid of the rioters.
“I truly do like the fact that those senators and congressmen were in fear for their lives,” Fellows said.
He also denied having any knowledge that what he did that day was illegal, claiming he had been tricked into believing he was allowed to be in the building. He said law enforcement officers did nothing to inform him that he was breaking the law.
Justice Department attorney Carolina Nevin explained in her remarks that after rioters had overwhelmed law enforcement and breached the Capitol, the police officers tried to keep calm amongst the crowds wandering throughout the halls of Congress and avoid further violence inside.
Nevin tried to counter the “almost comedic” aspect of Fellows’ actions, like photos of him with his feet on the Oregon Democrat’s desk, charging his phone and smoking marijuana.
She said the images, despite their seemingly harmless content, represented a sharp break in the nation’s democratic traditions. The peaceful transfer of power has long been a highlight of American democracy, previously coming under threat only during the election of 1800, which resulted in a tie between Thomas Jefferson and Aaron Burr and an ensuing controversy over who would become the next president.
Thankfully, Nevin said, the crisis in 1800 was averted when Jefferson won following contingent elections and became the third president of the United States.
“We were in port for 220 years, until the storm broke on Jan. 6,” Nevin said, referencing a similar quote from Jefferson where he characterized his victory as a ship surviving a storm and returning home.
Fellows, testifying before the jury, likened himself to Supreme Court Justice Brett Kavanaugh testifying at the Senate Judiciary Committee in 2018 amid allegations he had sexually assaulted Christine Blasey Ford while they were classmates in high school.
He claimed Ford had flimsy evidence and that her allegations were taken seriously only because she was a woman and because of the #MeToo movement. Fellows said Kavanaugh’s aggressive reactions were in response to a supposed bias against him, and urged the jury to view any reactions on his part in a similar light.
“View me as a human being despite our differences,” Fellows said. “I don’t hate you guys, but my politics are different from the Democratic party’s.”
Fellows made reference to the political makeup of the Washington jury pool, where President Joe Biden carried the district with 92% of the vote while Trump only garnered 5%.
He added that he has been diagnosed with Asperger’s syndrome and attention-deficit/hyperactivity disorder, but that he considers himself "high-function" and made another comparison to Elon Musk, whom he said he also looks up to.
Fellows has represented himself for many of his court proceedings. He changed lawyers multiple times after his arrest 10 days after the Jan. 6, 2021 attack, and was most recently represented by William Shipley, a Hawaii-based attorney who has defended many Capitol riot defendants.
During an October 2021 bond hearing Fellows unintentionally admitted to felony charges, in addition to the misdemeanors he initially faced, after appearing against the advice of his former defense attorney, Washington public defender Cara Halverson, and Judge McFadden himself.
“You said that when you’re worried, you don’t make understandable decisions,” McFadden said during the hearing. “I think you’re right. And that’s concerning.”
In the 31 months since the Capitol riot, the Justice Department has charged more than 1,100 people in connection with their actions on Jan. 6, 2021, and sentenced at least 597 people. The investigation is ongoing, with an estimated 321 people who assaulted officers still unidentified.
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