Saturday, April 20

A Jan. 6 participant has been harassing police officers at a Capitol attack trial


WASHINGTON — A man who was present during the Jan. 6 attack on the Capitol, but has not been arrested, confronted two law enforcement officers who served as witnesses at the trial of another man facing felony charges related to the insurrection this week.

Tommy Tatum, a Mississippi man who has posted extensively online about Jan. 6 and refers to himself as an independent investigative journalist, has been posting videos of himself harassing officers who fought off the mob on Jan. 6.

“Do you think you honored your father’s memory by trying to kill me that day?” Tatum asked a DC Metropolitan Police officer in one video as he followed him down the street outside the courthouse following the officer’s testimony on Tuesday. “How does that make you feel as a man, does that bring your Vietnamese father honor? … I hope you take this dishonor to your family, to the grave.”

The officer had testified at trial earlier in the day about how he wanted to join the US Marines when he turned 18, but ended up honoring the wishes of his family and continued his education before becoming a police officer. He and other members of law enforcement have been testifying in the trial of Kyle Fitzsimons, a Maine man facing felony charges, including for assaulting an officer during a brutal siege on the western tunnel, where some of the worst attacks on police took place that day .

Tatum himself has not been charged in connection with Jan. 6, although he posted videos he’s said he filmed at the Capitol that day and even videos of a purported phone call he claims he got from the FBI about the Capitol attack (NBC News is not able to confirm whether the call is authentic). Tatum has said in online posts that he was right next to Rosanne Boyland when she collapsed at the western tunnel amid the fighting between Trump supporters and police; Boyland died. There is no evidence that he went inside the Capitol building itself.

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Tatum also attempted to confront a Capitol Police officer in a courthouse elevator on Wednesday. He filmed and posted clips of both outside exchanges with the officers, and identified himself outside the courthouse.

US Capitol Police Sergeant Aquilino Gonell, who is also testifying in the trial, said that Tatum told him that he should be ashamed of himself in an exchange near the bathroom inside the courthouse on Wednesday. Shortly after, Tatum got into an expletive-laden confrontation with David Laufman, an attorney for Gonell, after he tried to get into an elevator with Gonell, Laufman, and an NBC News reporter.

NBC News separately heard Tatum make negative comments inside the courthouse about how he believed Gonell was acting. Outside the courthouse, Tatum filmed himself accusing Gonell of committing perjury.

Kyle Fitzsimons at the US Capitol building on Jan. 6, 2021.
Kyle Fitzsimons at the US Capitol building on Jan. 6, 2021.US District Court for the District of Columbia

The confrontations with Gonell came before the conclusion of the officer’s testimony in the case against Fitzsimons, who is accused of assaulting Gonell inside the tunnel. Gonell’s cross examination by Fitzsimons’ federal public defender will continue on Thursday morning.

“For Sergeant Gonell to be accosted like that, within the courthouse and while he remains a live witness at trial, was outrageous and amounts to witness intimidation that promptly should be addressed by the court as well as the FBI and the Department of Justice,” Laufman, a partner at the law firm Wiggin and Dana who is representing Gonell pro bono, told NBC News on Wednesday night.

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The US Attorney’s Office for the District of Columbia, which is prosecuting Jan. 6 cases, declined to comment. A federal prosecutor said in court Thursday that they had asked US Marshals to remove Tatum from court, adding that “any further action by the US Department of Justice is to be determined.” A court official took a report about the harassment from Gonell’s lawyer on Thursday morning.

After he was ordered removed, Tatum posted on a blog he writes for, denying that he had harassed Gonell and accused Gonell’s lawyer of lying about him.

Neither Tatum nor the FBI immediately responded to requests for comment.

Gonell, during his testimony during Fitzsimons’ bench trial before Judge Rudolph Contreras on Wednesday, testified that he was upset that some Jan. 6 defendants were allowed to plead out to low-level misdemeanors like parading after participating in the Jan. 6 attack.

“It wasn’t a parade, because I didn’t get hugs and kisses, I got injured by your defendant,” Gonell said.

Gonell has offered victim impact statements in other Jan. 6 cases, but his testimony on Wednesday marked the first time he testified in a Jan. 6 case, or any criminal case since he joined the Capitol Police in 2008. He told the court that he immigrated from the Dominican Republic, served overseas in Iraq, and felt called to be a police officer.

The injury he sustained on Jan. 6, he said, led to his planned medical retirement from the Capitol Police.

Tatum has been sitting inside the courtroom during the trial with other supporters of Jan. 6 defendants, including the mother of Ashli ​​Babbitt. Babbitt was killed on Jan. 6 after she jumped through a broken window and into the Speaker’s Lobby as lawmakers evacuated the House floor and the mob of rioters smashed in windows to the chamber.

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