New York Man Sentenced on Felony Charge for Actions During Jan. 6 Capitol Breach

WASHINGTON- A New York man was sentenced to prison today after he previously pleaded guilty to a felony charge related to his conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Elliot Resnick, 40, of New York, New York, was sentenced to four months in prison, four months of home detention, 24 months of supervised release, and ordered to pay 10,539 in fines and restitution by U.S. District Judge Rudolph Contreras. Resnick pleaded guilty to a single felony offense of obstruction of law enforcement during a civil disorder on Jan. 30, 2024.

According to court documents, Resnick traveled via bus from New York City to Washington, D.C., on Jan. 6, 2021. Court documents say that Resnick, the Chief Editor of The Jewish Press, a news media organization, did not travel to Washington, D.C., in his official capacity, nor was he acting in his official capacity as Chief Editor during any of the actions or events of Jan. 6, 2021.

After arriving in D.C., Resnick made his way to the east side of the U.S. Capitol building and up the staircase. While Resnick was on the staircase, he turned back to the crowd and waved others forward up the steps. At the top of the stairs, Resnick and other rioters began arguing and scuffling with police officers, attempting to keep the mob away from the East Rotunda Doors and out of the Capitol.

Rioters then pressed forward, and some assaulted police. The officers used various means to attempt to push the rioters back and away from the door, including the use of a chemical irritant, sometimes called oleoresin capsicum (O.C.) spray or pepper spray. At one point, a police officer attempted to deploy O.C. spray against other rioters, and in response, Resnick reached up and grabbed the officer's arm with the intended purpose of obstructing, impeding, or interfering with the officer in the performance of their duties.

Eventually, rioters inside the Capitol building forced one of the two East Rotunda Doors open from inside, and at approximately 2:26 p.m., Resnick entered the Capitol through the open door. Almost immediately after entering the building, Resnick turned back to the doors and pushed on the closed second door in an attempt to open it.

As Resnick and other rioters pushed on the closed door, a United States Capitol Police Officer (USCP) approached and attempted to stop Resnick and the others from forcing open the door. While doing so, another rioter grabbed the officer from behind and threw the officer to the ground. After he failed to force open the second of the Rotunda Doors, Resnick reached through the open door and, using his arms, grabbed other rioters and pulled them into the Capitol, past police officers who were attempting to keep rioters out.

Once inside the Capitol, Resnick proceeded to different areas, joining groups of rioters in the Grand Rotunda, the hallway outside the House Chamber, the Crypt, and the Capitol Visitor Center. At approximately 2:45 p.m., Resnick returned to the East Rotunda Doors, both of which were now fully open, and gestured and beckoned for other rioters outside the building to come inside. Resnick also once again reached across the threshold and pulled rioters into the building. Court documents say that he repeated this process several times and patted other rioters on the back in a congratulatory manner as he successfully helped them to enter the building.

After helping other rioters gain entry to the Capitol, Resnick returned to the Grand Rotunda and took out his cell phone to take pictures. Shortly afterward, police officers from the U.S. Capitol Police and the Metropolitan Police Department began forcefully moving the rioters out of the Grand Rotunda and pushing them outside of the Capitol. However, Resnick remained inside, occasionally talking with other rioters. Resnick did not leave the Capitol until approximately 3:14 p.m. after he had been inside for approximately fifty minutes. After leaving the building, Resnick remained on the restricted grounds of the Capitol until approximately 4:18 p.m.

This case was prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney's Office for the Southern District of New York.

This case was investigated by the FBI's New York Field Office and the FBI's Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 44 months since Jan. 6, 2021, more than 1,504 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.