This section contains the nature of the case and procedural background.

P charged D by Information with: (1) Entering and Remaining in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(1); (2) Disorderly and Disruptive Conduct in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(2); (3) Violent Entry and Disorderly Conduct in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(D); and (4) Parading, Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(G). On January 7, 2021, D’s wife began an “Instagram Live” video as she and D drove home from Washington, DC to Pensacola, Florida. She broadcast the video to her Instagram profile. The video recounted her experience on the grounds of the United States Capitol. She talked about how the barriers around the Capitol building had been broken. During the video D interrupted her numerous times to correct her statements. P claimed that pursuant to Fed. R. Evid. 801(d)(2)(B), D “manifested that [he] adopted or believed [this statement] to be true and sought admission of the statements.

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