Baker was arrested by the FBI in Dallas, Texas on four non-violent misdemeanor charges over his coverage of the Jan. 6 riot at the US Capitol.
FBI charging documents describe Baker working as a journalist while at the US Capitol on Jan. 6. The documents state that Baker had been video recording the event and providing commentary as to what had been occurring inside and outside the Capitol building.
In Figure 3 on page 4 of the charging document, the FBI states: "At approximately 1:19 p.m. BAKER recorded his approach toward a double-fence manned police line at the base of the West Plaza. BAKER moved past a black, damaged, half-fence onto steps leading up to police-positioned bicycle racks."
In Figure 10 on page 8, the FBI describes Baker as performing the actions of a journalist. This includes the federal agency referring to Baker as a "narrator" in a video that had been captured from both inside and outside the Capitol. In the video, Baker reports the events that had been occurring, specifically the police killing of conservative veteran Ashli Babbitt, the US Capitol police department's response to the riot, and city officials announcing that a curfew had been set.
The FBI states in the document: "From the exterior steps to the House of Representatives, BAKER narrated: 'But uhh, I don’t think she’s going to make it," referring to protester Ashli Babbit, who was shot to death by Capitol Police. "Now they’ve announced a curfew for D.C. from six to six . . . I don’t think it’s going to happen. I think that uhh, we may have just seen the true first shot in this war.' BAKER later continued: 'They came in heavy man, we got to the House, uhh, door. The House of Representatives entrance. They came in hardcore. Automatic rifles. Everything. It’s an amazing situation out here." He reported both the events as they were unfolding and his perspective on them.
Furthermore, on page 3 listed under Statement of Facts, the FBI describes Baker yet again as performing the duties of a journalist.
The FBI explains that Baker had been inside Nancy Pelosi's office, following the protesters, and documenting what had been occurring.
The FBI states: "Beginning at approximately 05:30, BAKER claimed to have been inside Nancy Pelosi’s office: 'Once the crowd started moving in, I went, 'I gotta get this too, man.' So I started following them into the Cap- and we got in, and it was free reign for the most part inside the building. In fact, we even got into.. I-I was in Pelosi's office. I mean we went into Pelosi's office.'" In saying "I gotta get this too, man," Baker is clearly saying that he feels a responsibility to cover those historical events as they were unfolding.
The rest of the FBI charging documents show Baker in surveillance footage inside and outside the US Capitol. It also includes documentation of a YouTube video that Baker was featured in after the protest discussing what had occurred on Jan. 6. Again, Baker reported on what had occurred at the Capitol.
The charging documents do not show Baker committing any violent crimes. They simply show Baker video recording and reporting on the course of the events.
Blaze Media founder Glenn Beck published surveillance video footage on X of Baker from inside the Capitol, which had been released to the outlet by the House of Representatives. The video footage shows Baker recording on his phone and following a group of protesters to document their actions.
Beck slammed Biden's FBI for arresting a journalist and wrote in the post: "In the five minutes we saw, there is no 'disorderly and disruptive conduct' or 'parading, demonstrating, or picketing.' Just journalism. Wake up, America. Biden's FBI ARRESTED him for this."
Other prominent individuals weighed in on the arrest of Baker, raising concerns about freedom of press violations which are granted in the First Amendment of the US Constitution.
On Tuesday, Baker announced in a post on X that he had been ordered to self-surrender to the FBI over "alleged J6 crimes" after his legal team had been notified that there was a signed warrant for his arrest. Neither Baker nor his attorneys were properly informed about the charges being brought against Baker. Failure to inform about charges could be a Sixth Amendment violation, which grants individuals accused of a crime to "be informed of the nature and cause of the accusation."
On Friday, Baker was arrested by the FBI in Dallas, Texas on four non-violent misdemeanor charges, which has sparked mass outrage.
The charges include knowingly entering or remaining in any restricted building or grounds without lawful authority; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a capitol building; and parading, demonstrating, or picketing in a capitol building.
The Justice Department has used "non-violent misdemeanor" charges to convict and imprison hundreds of non-violent protesters who were in Washington, DC to attend a rally with then President Donald J. Trump and then moved to the Capitol building. Biden's Special Counsel Jack Smith has used the obstruction of an official proceeding theory as the basis for half of his charges against Trump in the J6 case against him.
James Lee Bright, Baker's attorney, told The Blaze that it's "chilling" to witness federal authorities "going after people who were legitimate functioning journalists that day."
This is the latest arrest of other journalists who reported on the events of J6 such as David Medina and Owen Shroyer.
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