Active Duty U.S. Marine Corps Officer Arrested for Assault on Federal Law Enforcement Officer During Jan. 6 Capitol Breach

Defendant, Stationed in Virginia, Defied, Pushed and Resisted Capitol Police

…for the record I purposely took an extended break from the January 6, 2021 deadly insurrection criminal cases (aside from Nordean/Proud Boys/Oath Keeper). Largely because there was no humanly possible way I could possibly keep up with the more than 440+ individuals.

I also realized that my objectivity and typical strict adherence to facts has become clouded and undisciplined. My ability to refrain from being overly critical of the USAO also did a disservice to my readers. So now that I’m refreshed and I’m in a better head space - from time to time I might blog about newly unsealed cases surrounding the insurrection.

Active Duty Marine - arrested

On May 13, 2021 the Justice Department formally announced ¹

Major Christopher Warnagiris, active duty U.S. Marine Corps commissioned officer stationed at the Marine Corps Base Quantico was arrested today in Virginia and charged with crimes related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress in the process of ascertaining and counting the electoral votes related to the presidential election. 

Major Christopher Warnagiris is either the 45th or 46th person affiliated with our Armed Forces charged. However (and this is actually important) I believe the arrest of Major Christopher Warnagiris is the first active duty Military Officer arrested in connection with the January 6th Insurrection. Link to FBI’s Capitol Violence Page, which now shows the person of interest has been arrested

FBI - AFO- #241A, B & C

Charges:

18 U.S.C. §111(a) -Assaulting, Resisting or Impeding Certain Officers or Employees, 18 U.S.C. §231(3)(a) - Obstruction of Law Enforcement During Civil Disorder, 18 U.S.C. §1512(c)(2) - Obstruction of Justice/Congress, 18 U.S.C. §1752(a) & (b) - Knowingly Entering or Remaining in any Restricted Building or Grounds without Lawful Authority and 40 U.S.C. §5104(e)(2) -Violent Entry and Disorderly Conduct on Capitol Grounds

There are two videos referenced in the Affidavit/Statement of Facts - which captures Major Christopher Warnagiris repeatedly assaulting a US Capitol Police Officer (USCP-O)\

To be fair ²a small portion of the video there were a few rioters that stepped in and tried to shield the USCPO from other rioters who appeared to want to beat the ___ out of the USCPO. By protecting the USCPO, this gave the Officer time and it appears a higher ranking USCPO came in and helped that lone officer retreat to safety.

• Public YouTube Video # 1 - 1 hour 45 minutes+ of raw footage

• Public YouTube Video # 2 about 15 minutes of raw footage

Affidavit/Statement of Facts:

This isn’t your average affidavit ³and I’ll explain why - based on a plain reading of the affidavit the Defendant wasn’t just part of the violent mob. Defendant Major Christopher Warnagiris used his military training to over power USCP-O A.W who ended up in a push pull struggle with the Defendant…

USAO-DC Page 2 of Affidavit as to Defendant Warnagiris

Defendant Major Christopher Warnagiris was one of the very first rioters to breach the East Rotunda Doors. Undoubtedly he used his military training to ensure he was in a position to either keep the door open or fully open it to more of the crazed violent mob inside the Capitol. I think one could make a convincing argument that Warnagiris was instrumental in breaching the Capitol. As you’ll note once Warnagiris was over the door’s threshold inside, the videos capture Warnagiris clearly assaulting USCPO A.W.

USAO-DC Page 3 of Affidavit as to Defendant Warnagiris

From the DOJ-OPA - Once inside, Warnagiris positioned himself in the corner of the doorway, using his body to keep the door open and pull others inside. When a U.S. Capitol Police (USCP) officer tried to pull the doors shut, Warnagiris refused and continued pushing it open. Warnagiris can be seen pushing the officer in an effort to maintain his position in the open door in security camera footage

The FBI didn’t need to travel very far because on March 16, 2021 a member of the public (Witness 1) contacted the FBI after seeing the BOLO and subsequently told investigators she/he “had a high degree in confidence that AFO-241A, B & C - was Major Christopher Warnagiris. On March 17, 2021 investigators went to Warnagiris military command and interviewed a current coworker of Warnagiris (witness 2). Remember the Defendant is currently stationed at USMC-Quantico. And the FBI training Academy⁴ happens to also be located within the vast Quantico base.

Your prerequisite multimedia presentation of the facts contained in the Affidavit and extracts from the relevant videos cited in the Affidavit

Other Relevant Court Filings:

• ORDER Setting Conditions of Release as to Christopher Warnagiris (1) PR Bond. Signed by Magistrate Judge Ivan D. Davis on 5/13/2021 - ECF- https://ecf.vaed.uscourts.gov/doc1/189011247720 or via my public drive.
  The government actually argued Defendant Warnagiris was “instrumental in letting in rioters” yet they didn’t request detention. WTFINGF

• PR Bond Bond Entered (5/14/2021) as to Christopher Warnagitis (PR Bond -Personal Recognize Bond) ECF https://ecf.vaed.uscourts.gov/doc1/189011248942 or via my public drive

• Notice to the District of Columbia of a Rule 40 transfer as to Christopher Warnagiris. ECF https://ecf.vaed.uscourts.gov/doc1/189011248965 or via my public drive

I do not understand why the Government failed to ask for detention. On one hand they said what Defendant Warnagiris actions were “instrumental” in allowing countless rioters to flow into the East Rotunda doors. Leading law enforcement to become quickly out numbered and overwhelmed.
It seems like a misstep by the Government but then again I am trying to give the USAO the full benefit of doubt - but I’m struggling.

Warnagiris HIGHLY DECORATED US Marine

Based on his service records and after an extensive review of various DOD announcements, cross referenced with the National Archives and other public databases, below is an abbreviated list of his awards⁵ and commendations. He joined the Marines in the Fall of 2002, he quickly moved up in the ranks

• Navy and Marine Corps Commendation Medal (3x)

• Global War on Terrorism Expeditionary Medal

• Sea Service Deployment Ribbon (6x)

• Meritorious Service Medal

• Navy Unit Commendation (3x)

• Defense Meritorious Service Medal

• NATO medal —Afghanistan Campaign Medal

• Navy and Marine Corps Achievement Medal

• Global War on Terrorism Service Medal

• National Defense Service Medal

Major Christopher Warnagiris isn’t some low ranking officer in our US Marines -see 2018 US Marines Article:

“The deployment started with amphibious operations in Djibouti during Alligator Dagger and moved to the Arabian Gulf with Alligator Thunder,” said U.S. Marine Maj. Christopher Warnagiris, operations officer for the U.S. landing force command element aboard Tonnerre. “We ended with an exercise in Kuwait during Alligator Lightning, where we employed SPMAGTF-CR-CC to conduct our first tactical use of the MV-22 Osprey aboard a French ship, which entailed deck landings and amphibious raid exercises.” 

Dec 10, 2017 Official US Marine Press/Pic PORT OF DJIBOUTI, Djibouti

U.S. Marine Maj. Christopher Warnagiris interacts with a French Navy officer during the embarkation of the 15th Marine Expeditionary Unit aboard the French amphibious assault ship LHD Tonnerre (L9014). Naval Amphibious Force, Task Force 51, 5th Marine Expeditionary Brigade Sailors … (U.S. Marine Corps Photo by Sgt. Jessica Y. Lucio/Released)

US Marines Spox: Major JA Hernandez

“The Marine Corps is clear on this: There is no place for racial hatred or extremism in the Marine Corps. Those who can’t value the contributions of others, regardless of background, are destructive to our culture, our warfighting ability, and have no place in our ranks.”

DOD Instruction 1325.06

February 5, 2021 - Secretary of Defense Lloyd J. Austin III signed a memo directing commanding officers and supervisors… DOD Stand-Down to Address Extremism in the Ranks⁶ ⁷ Department of Defense Instruction (DoDI) 1325.06

"Handling Dissident and Protest Activities Among Members of the Armed Forces" —provides the core tenets to support such discussions. Leaders have the discretion to tailor discussions with their personnel as appropriate… such discussions should include the importance of our oath of office;

a description of impermissible behaviors; and procedures for reporting suspected, or actual, extremist behaviors in accordance with the DoDI.

Again Defendant Maj. Christopher Warnagiris betrayed his oath, his Country and our shared collective democracy. It is incredibly disappointing. I have zero sympathy for him or his cohorts. His arrest is the first active duty military officer to be charged with the events of January 6th and likely will not be the last.

Commissioned Officer Oath Of Office;

Pursuant to 5 U.S.C §3331 - All commissioned officers in the United States military, are required (by law) to swear the following oath of office when they are appointed in the U.S. Army, U.S. Air Force, U.S. Navy or U.S. Marine Corps:

“I, (state your name), having been appointed a (rank) in the United States (branch of service), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foriegn and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the office upon which I am about to enter. So help me God.”

I hope this article helped by providing you with additional original documents, more details as it relates to both context and content. Back in January 2021 I told my Twitter followers to mentally prepare for law enforcement, elected public officials and military to be arrested but even I can admit this isn’t something you can fully prepare for. -Filey

1. Department of Justice -OPA- May 13, 2021 Press Release. Last visited May 14, 2021 - https://www.justice.gov/usao-dc/pr/active-duty-us-marine-corps-officer-arrested-assault-federal-law-enforcement-officer

2. Yes I think it’s the intellectually honest thing to do; acknowledging that some of the rioters attempted to protect USCPO A.W. after the Defendant assaulted them, causing them to fall to the ground and possibly be trampled by the mob rushing in. That’s not me condoning Jan6th -that’s me trying to be factual and accurate.

3. Criminal Complaint & Affidavit via DOJ https://www.justice.gov/opa/press-release/file/1393941/download - May 13m 2021 DOJ-OPA https://www.justice.gov/usao-dc/pr/active-duty-us-marine-corps-officer-arrested-assault-federal-law-enforcement-officer

4. FBI- Quantico has several units. For example the following Units: New Agents' Training Unit, Intelligence Analyst Training - Hostage Rescue Team, Intelligence Analyst Training, https://www.fbi.gov/services/laboratory - second to FLETC - the FBI Quantico Campus is expansive.

5. SECNAVINST 1650.1H 2006 4-16 is a 252 page document that details the awards, medals and other Commendations https://awards.navy.mil/awards/webdoc01.nsf/7F58DF7CC7E11070852571F60065650B/$File/1650.1H.pdf

6. February 5, 2021 DOD PR which ordered; “commanding officers and supervisors at all levels to select a date within the next 60 days to conduct a one-day ‘stand-down’ to discuss extremism in the ranks with their personnel” https://www.defense.gov/Newsroom/Releases/Release/Article/2495924/dod-stand-down-to-address-extremism-in-the-ranks/

link to Department of Defense Instruction (DoDI) 1325.06 https://media.defense.gov/2021/Feb/05/2002577485/-1/-1/0/STAND-DOWN-TO-ADDRESS-EXTREMISM-IN-THE-RANKS.PDF both last visited on April 1, 2021

7. The DOD Instruction was briefly discussed in this April 2, 2021 article, it’s embedded about 2/3 of the way.