By Mark Hosenball

WASHINGTON, (Reuters) – Federal prosecutors Tuesday defended the decision to bring a felony obstruction charge against a former U.S. Marine. The charges were brought for actions taken during Jan. 6, Capitol Riot. They are referring to an action that occurred when Barack Obama and George W. Bush visited the White House.

Before U.S. District Judge Rudolph Contreras a Hearing, the Assistant U.S. attorney Elizabeth Kelley stated that video from former Marine John Andries was “central” in a decision made by prosecutors to include a felony to misdemeanor-related charges originally filed against them.

Kelley claimed that Andries’ phone video clearly showed defendants intentions on the day. She said, however that she did not believe prosecutors have “ended all hopes” for a plea bargain in the case.

Maria Jacob, the public defender for Andries, claimed that Andries was not charged with a felony and that there were no other riot defendants who could be accused of the same behavior on Jan. 6.

Jacob stated that Andries had been “captured in video saying some phrases”, but these phrases didn’t show his intention to “obstruct” the vote by Congress.

As Congress was certifying Biden’s victory in November, a riot broke out among Trump supporters. According to the prosecution, more than 600 people were arrested for riot-related offenses.

In a news release, the prosecutors stated that more than 50 defendants pleaded guilty in federal court to various charges. They cited over 40 people for misdemeanors while nine were charged with felonies. A lot of these individuals will likely be sent to prison.

A minimum of 260 individuals have been charged for corruptly interfering with, influencing, and impeding official proceedings or trying to do so.

Prosecutors cited a YouTube clip that showed Andries standing on the Capitol Building’s steps, according to court papers. The crowd was trying to “break down the metal barriers of the buildings as the police try to keep them back”, they claimed.

Prosecutors claim that Andries was inside the Capitol when he entered the crypt. They also allege that he “waved in even more rioters” within moments and the crypt “was full of rioters”.

The officers claimed that Andries was physically pulled from an exterior ledge by the office to allow him to move on to Capitol grounds.