Federal authorities leveled criminal charges on Election Day against two Illinois men for their alleged roles in the Jan. 6, 2021, attack on the U.S. Capitol — triggering a case that’s immediately in doubt, now that Donald Trump has become president-elect.
In fact, another Illinois man charged in the attack, Theodore Middendorf of McLeansboro, sought Friday to delay a guilty plea resulting from the riot. His lawyer argued that Trump’s election means “there will be an upcoming, likely significant, change in administration and uncertainty” around how such cases will play out.
That’s because Trump has promised to pardon those who have been prosecuted for their role in the attack, which interrupted Congress as it worked to affirm the results of the 2020 presidential election. More than 50 Illinois residents are among those charged.
The latest to join the list are 44-year-old Michael Mollo Jr., who struggled with police outside the Capitol but backed off as soon as he realized he was on camera, and 41-year-old Emil Kozeluh, who joined Mollo in helping open a Capitol door for rioters, according to court records.
A criminal complaint filed against the pair in federal court in Washington, D.C. was dated Tuesday, the day voters cast the final ballots in the presidential election.
Court records did not identify defense attorneys for the two men. Federal Bureau of Prison records showed Kozeluh, of Palos Hills, in custody at Chicago’s Metropolitan Correctional Center as of Friday morning. Court records indicate Mollo lives in Oak Lawn.
Both men are charged with entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol building; parading, demonstrating or picketing in a Capitol building; and civil disorder.
The two men came to the FBI’s attention after acquaintances of theirs reported their conduct to the agency, records show. One person told the FBI that Mollo “was at the [J]anuary 6th insurrection … and stormed the [C]apitol.”
Investigators say they identified the pair in various footage from the riot. Kozeluh wore a red baseball cap that read “Trump ***2020*** NO MORE BULL S–,” records show. Mollo allegedly wore a dark bandana with a white “1776” design, olive green reinforced knuckle gloves and a yellow Gadsen “DON’T TREAD ON ME” flag as a scarf.
The FBI alleges that the two men were among a group of “angry rioters” who surrounded Metropolitan police officers on the Lower West Terrace of the Capitol, where flashbangs were going off and smoke was in the air.
The feds say Kozeluh raised his middle finger at the officers and Mollo yelled “they’re stealing our country!” But Mollo also allegedly put his hands on an officer’s hand and baton. That prompted the officer to point to his body-worn camera, records show.
“You see what you’re doing?” the officer said, according to court records. “You’re on camera.”
Mollo allegedly backed up and said, “No, I ain’t do nothing,” before pulling a mask up to cover his face.
The FBI said Kozeluh and Mollo then climbed up a set of stairs on the northwest side of the Capitol under the inaugural scaffolding, before entering the building through the Senate Wing Door at 2:20 p.m. They allegedly spent two minutes in the Crypt, chanting, “Whose house?! Our house!” before moving on to the Rotunda.
That’s where video allegedly showed them helping open the Rotunda Lobby doors for rioters outside. When the doors opened at 2:38 p.m., Kozeluh allegedly jumped in the air while Mollo raised his arms to celebrate. Kozeluh then used his body to prop the doors open even as officers tried to close them, records show.
The men left the building at 2:47 p.m. after almost a half-hour inside, records show. When they left, Mollo allegedly gave another rioter a high-five and shouted “this is our house!”