A father and two of his sons have been arrested and charged for entering the U.S. Capitol on Jan. 6, 2021.
Mr. Gallagher faces up to eight years in prison if convicted.
Mr. Gallagher’s sons, James Gallagher, 22, and Thomas Gallagher, 25, were also hit with four misdemeanors, including disorderly conduct in a Capitol building or grounds and knowingly entering or remaining in any restricted building or grounds without lawful authority.
Each of the sons faces up to three years in prison if convicted.
The case has not been placed on the court docket, so it was unclear whether the defendants have retained attorneys.
An FBI agent said in an affidavit that an anonymous tipster informed the bureau on Jan. 16, 2021, that the three Gallaghers took part in the U.S. Capitol breach 10 days prior.
FBI agents approached Mr. William Gallagher on Jan. 26, 2021. He was quoted as telling them, after learning their identities, “I’ve been waiting for you guys.” He declined to answer questions, saying he wanted to speak with a lawyer.
FBI agents also obtained records for phones used by the Gallagher family and found that they were in the U.S. Capitol area on Jan. 6; reviewed surveillance footage from the Capitol; examined video captured by people on the scene; and reviewed body camera footage from law enforcement officers to build a case against the Georgia trio.
The FBI and the U.S. Attorney’s Office for the District of Columbia declined to comment when asked about the delay between being tipped off and the charges being brought.
According to the footage, Mr. William Gallagher was spotted in the crowd outside the Rotunda entrance to the Capitol. He and others passed through the entrance after officers were unable to block the doors.
Once inside, Mr. William Gallagher made two calls, which phone records showed were to his sons, the FBI affidavit stated. The sons were still outside the building, and the Rotunda doors had been closed and re-secured by officers.
Mr. William Gallagher and others in the building then allegedly worked to open the doors from the inside. Mr. William Gallagher “placed his gloved hands” on a U.S. Capitol Police officer guarding the entrance, according to charging documents. He later “proceeded to lean back and forcibly pull that officer off of the doors.”
The effort resulted in the Rotunda doors being breached again, enabling a crowd that included Mr. William Gallagher’s sons to stream inside, authorities said.
Mr. William Gallagher “appeared to apologize to the officer” afterward, the FBI agent said. He also met up with his sons and they walked around together.
Footage from body cameras and surveillance cameras did not show the Gallaghers engaging in any violence after they met up, but they did interact with officers and appear to be hit with chemical spray, according to the affidavit.
At approximately 3:12 p.m., the trio exited the Capitol. They raised their fists in the air and chanted, “USA.”
Mr. William Gallagher was inside the building for 46 minutes. His sons were inside for about 27 minutes.
There’s no indication FBI agents tried interviewing Mr. Thomas Gallagher or Mr. James Gallagher but an agent said that the bureau spoke to an employee at the gated community in which the Gallaghers reside and that the employee verified the individuals in still images from the Capitol as the Gallaghers.
The FBI also matched the images to drivers’ license photographs of Mr. William Gallagher and his sons.
The three men were arrested on Monday, according to the U.S. Department of Justice. They were expected to make initial court appearances this week.
The FBI investigation was assisted by the U.S. Capitol Police and the Metropolitan Police Department.
Federal prosecutors in Washington are prosecuting the case, with help from the U.S. Attorney’s Office for the Northern District of Georgia.
Since Jan. 6, prosecutors have charged more than 1,424 people for crimes related to the breach.
Some commonly applied charges could ultimately be dropped, depending on the outcome of cases in the court system.
“The court should grant review because this case presents an important question of federal statutory interpretation,” lawyers for Russell Alford, another defendant, told the court in a recent brief.
U.S. prosecutors were directed by the court to lodge a reply by May 23.
