A 61-year-old Bergen County man, who allegedly belongs to the militia group The Oath Keepers, was arrested last week in connection with the Jan. 6 riot at the US Capitol.
Prosecutors have charged James Breheny, of Little Ferry, with offenses including disorderly conduct, entering a restricted building and intending to disrupt the government, obstructing an official proceeding and attempting to destroy evidence.
According to an affidavit by a Newark FBI special agent, Breheny claimed to investigators that he entered the Capitol through its east side, but “did not willfully enter and was pushed inside by the surge of people entering the building.” Breheny also claimed, according to the document, that he “walked approximately 25 feet” inside the Capitol doors and remained there for just “two to three minutes.”
Furthermore, the affidavit stated, Breheny told investigators “he did not know that he was not allowed inside the Capitol because none of the police officers he encountered told him to stop.”
The FBI agent said video and photos, including selfies, placed Breheny “in close proximity” to a violent confrontation between riots and police officers at the East Rotunda doors, though the affidavit does not make any claims of violent actions by Breheny himself. The document also notes that “loud alarm bells sounded” as Breheny and others entered the Capitol of their own accord.
“Given the ongoing violence and the emergency alarms that were sounding at the time,” the agent said, “it is unreasonable that any individual entering the building could believe that he had a lawful right to enter.”
The affidavit claims Breheny sent text messages to associates during and following the riot that included: “I breached the Capital [sic] door!” and “Made it in Brother” and “I have to clear chats”.
Breheny deactivated his Facebook account two days after the riot, but had posted a message on Jan. 6 in which he stated, “We exhausted all legal channels. They refused to investigate any of [sic] crimes or voter issues. Therefore the Government has become tyrannical. The People’s Duty is to replace that Government with one they agree with.”
Another message said, in reference to the riot: “We weren’t burning down the city. We wanted access to the Capital [sic] to watch the vote and have our voices heard. They put barricades up. It’s our house not theirs.”
According to the affidavit, Breheny was listed as the “Bergen County Coordinator” on the Oath Keepers New Jersey chapter’s website (the post is currently listed as “vacant”) and took part in an encrypted group chat with other Oath Keepers on the Signal app. In the chat, Breheny’s name was given as “Seamus” and he was described as “coming in with a team from NJ, and who also has several contacts with militia leaders coming in.” The affidavit claims that Breheny used the name “Seamus Evers” as an alias, even operating a Facebook account under that name.
Breheny was arrested Thursday and NJ.com reported that he was released on a $50,000 unsecured appearance bond following his initial showing in federal court.
According to the Justice Department, approximately 440 people have been arrested in connection with the Capitol riot as of May 6, more than a quarter of whom have been charged with assaulting for impeding law enforcement.