DOJ Sought to Jail Jan. 6 Defendant and Police Beating Victim Victoria White for Meeting With Lawmakers on Capitol Hill

DOJ Sought to Jail Jan. 6 Defendant and Police Beating Victim Victoria White for Meeting With Lawmakers on Capitol Hill
Victoria White reflects on her beating at the hands of police at the Capitol on Jan. 6, 2021. (Otabius Williams/The Epoch Times)
Joseph M. Hanneman
2/10/2023
Updated:
3/7/2023
0:00

Federal prosecutors on Feb. 10 asked U.S. District Judge John Bates to have January 6 defendant and police beating victim Victoria White jailed because she met with GOP lawmakers on Capitol Hill.

Judge Bates did not order White to be taken into custody. He did bar her from appearing at the U.S. Capitol or the congressional office buildings unless she gets advance permission from the Pretrial Services Agency (PSA).

Shortly after arriving at the United States Courthouse in Washington D.C. for a status hearing on her criminal case, White learned that prosecutors were seeking to have her jailed because her visits to Capitol Hill earlier in the week violated her terms of pretrial release.

The PSA reported White’s visits to Capitol Hill to the court as a violation. Prosecutors then asked for her pretrial release to be revoked, White’s attorney, Nicole Cubbage, told The Epoch Times.

White visited Capitol Hill as part of a group led by Micki Witthoeft, the mother of slain January 6 protester Ashli Babbitt, and Nicole Reffitt, the wife of Guy Reffitt, the first January 6 defendant convicted at trial in 2022.

The group met with U.S. Rep. Lauren Boebert (R-Colo.) and Rep. Byron Donalds (R-Fla.). Among other topics, the discussion was on possible U.S. House investigations of the long pretrial detention of dozens of January 6 defendants, and the deaths of Babbitt, Rosanne Boyland, Kevin Greeson, and Benjamin Phillips on Jan. 6, 2021.

The Epoch Times asked for comment on White’s case from Boebert and Donalds, but did not receive a reply by the time of publication.

Not Allowed at Capitol

White was arrested in April 2021 on four charges for alleged crimes at the Capitol on Jan. 6, 2021. Her conditions of release, signed by Magistrate Judge G. Michael Harvey on April 22, 2021, included this line: “Stay away from Washington D.C. except for court, meetings with attorney or PSA.”

In a superseding indictment filed in January 2022, White was charged with civil disorder and aiding and abetting, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building. She pleaded not guilty to all of the charges.

White had been scheduled to enter into a plea agreement with prosecutors at the hearing, but decided days earlier to reject a plea and proceed to a May 8 trial date.
Victoria White is jostled and spun around by police in the Lower West Terrace tunnel at the U.S. Capitol on Jan. 6, 2021. (Metropolitan Police Department/Screenshot via The Epoch Times)
Victoria White is jostled and spun around by police in the Lower West Terrace tunnel at the U.S. Capitol on Jan. 6, 2021. (Metropolitan Police Department/Screenshot via The Epoch Times)

Witthoeft, who attended the court hearing, said prosecutors argued that federal lawmakers should not have to deal with seeing someone who allegedly attacked the Capitol on January 6.

Witthoeft told The Epoch Times that the DOJ argued that “her crimes were against the congresspeople and that they may feel intimidated by her presence.”

“I’m looking at that little 100-pound girl shaking like a fricking leaf thinking, ‘Really? Really?’”

Witthoeft said the issue resonates with her because U.S. Capitol Police Lt. Michael Byrd was threatened enough by her unarmed, 5-foot 2-inch daughter to shoot her just outside the House Chamber on Jan. 6. Babbitt was pronounced dead about 30 minutes after the shooting.

“I feel that way about Ashli,” Witthoeft said. “I mean, Ashli was a little girl, and you know, Mike Byrd’s a big guy. I’m like, really? You felt threatened by my 115-pound daughter? Are you [expletive] kidding me?”

Victoria White with her daughters at their home in Rochester, Minn. (Otabius Williams/The Epoch Times)
Victoria White with her daughters at their home in Rochester, Minn. (Otabius Williams/The Epoch Times)

Witthoeft said she believes White deciding to go to trial could mean headaches for prosecutors, who likely won’t be eager to see certain videos get wide public viewership.

Security video and bodycam footage show White being beaten in the head with a steel baton and punched in the face and head by Metropolitan Police Department Commander Jason Bagshaw. White took 39 blows from police in a 4-minute span in the Lower West Terrace tunnel. Bagshaw was not disciplined or charged.

Witthoeft said she feared that White was going to be jailed after the hearing.

“I’m absolutely surprised that the prosecution didn’t get exactly what they asked for,” she said. “I am absolutely surprised they didn’t cuff that little girl up and take her into custody, because that’s what the prosecution asked for. So I will give the judge a little credit for thinking on his own and, you know, trying to be as fair as he could in that situation.

“I’m telling you, this is a system rigged against us,” Witthoeft said. “But you know, I’m proud that Victoria decided that she’s going to stand and fight for herself.”

Joseph M. Hanneman is a reporter for The Epoch Times with a focus on the January 6 Capitol incursion and its aftermath, as well as general Wisconsin news. In 2022, he helped to produce "The Real Story of Jan. 6," an Epoch Times documentary about the events that day. Joe has been a journalist for nearly 40 years. He can be reached at: [email protected]
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