United States v. Cua
| Decision Date | 22 February 2023 |
| Docket Number | CRIMINAL ACTION 21-107 (RDM) |
| Parties | UNITED STATES OF AMERICA, v. BRUNO JOSEPH CUA, Defendant. |
| Court | U.S. District Court — District of Columbia |
Defendant Bruno Joseph Cua is charged with twelve offenses related to the breach of the United States Capitol on January 6, 2021. Dkt. 90. Before the Court is Cua's motion to dismiss Count Three of the Second Superseding Indictment pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B). Dkt. 269. That count charges Cua with “forcibly assault[ing] resist[ing], oppos[ing], imped[ing], intimidat[ing], and interfer[ing] with . . . G.L., an officer from the United States Capitol Police Department, while [he] was engaged in and on account of the performance of official duties, and where the acts in violation of this section involve[d] physical contact with the victim and the intent to commit another felony,” in violation of 18 U.S.C. § 111(a)(1). Dkt. 90 at 3.
Cua's principal argument is one of statutory interpretation. Although § 111(a)(1) lists six verbs (assault, resist oppose, impede, intimidate, and interfere), he contends that the statutory structure and legislative history clarify that an “assault” is an essential element of every § 111(a) charge. Under Cua's reading, § 111(a) does not apply, for example, to a person who forcibly interferes with a designated federal official engaged in the performance of her official duties, if that forcible interference does not rise to the level of an assault. The government responds on two levels. First, it contends that Cua did, in fact, assault G.L. Second, it argues that an assault, as a matter of law, is not an indispensable element of every § 111(a) charge. At the parties' request, the Court has scheduled a bench trial on a partially stipulated record, and the Court will consider the government's factual argument at trial, which is scheduled to continue on February 24, 2023. For present purposes, then, the Court will focus exclusively on the legal question posed by Cua's motion to dismiss.
As explained below, the Court agrees with the government that an assault is not an indispensable element of a § 111(a) charge. To be sure, many-and perhaps most-§ 111(a) cases will turn on proof of an assault. But it is also possible to obtain a § 111(a) conviction by proving beyond a reasonable doubt that the defendant “forcibly” impeded or interfered with (or resisted, opposed, or intimidated) a designated federal official in the performance of her official duties and did so with “the intent to commit another felony.” 18 U.S.C. § 111(a).
The Court will, accordingly, DENY Cua's motion to dismiss pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B)(iii) and (v).
The following background is taken from the “statement of facts for stipulated trial” (hereinafter, “SOF”), to which both parties have agreed. Dkt. 281 at 18-19. Cua, specifically, “agree[d] and acknowledge[d] by [his] signature that this Statement of Facts is true and accurate,” id. at 19, and he confirmed the voluntariness of his agreement at a hearing on February 13, 2023.
On January 5, 2021, Bruno Joseph Cua, his mother, and his father, drove from Milton, Georgia to Washington D.C., to attend the Stop the Steal rally on January 6, 2021. Id. at 5 (SOF ¶ 8). In the weeks leading up to January 6, Cua sent a series of private messages on Instagram and posted on Parler stating that he would be traveling to Washington, D.C. and that “[w]e have to forcefully take our freedom back on Jan 6th;” he also stated that “[w]e want the blood of politicians sp[ilt]” and that “AN ARMY IS COMING TO DC.” Id. at 13 (SOF ¶ 33(i)-(k)). After hearing President Trump's speech on January 6th, Cua and his parents followed the President's direction to “walk down to the Capitol.” Id. at 6 (SOF ¶¶ 10-11). At some point, Cua “left his parents' side,” and, around 2:30 p.m., “climbed up the scaffolding on the Northwest front of the Capitol building while holding a black asp [(Armament Systems and Procedures)] baton in his hand.” Id. (SOF ¶¶ 11-12). He reached the Upper West Terrace via the scaffolding, and entered the Capitol through the Upper West Terrace doors (which were affixed with signs stating “EMERGENCY EXIT ONLY”) at approximately 2:36 p.m. Id. (SOF ¶¶ 13-14). After walking through the doors, Cua encountered five U.S. Capitol Police officers, who had formed a police line a few feet inside and were stopping unauthorized people, including Cua, from entering the building. Id. at 7 (SOF ¶ 14). Members of the crowd began chanting, “Let us in!;” Cua yelled “‘we have your backs' while holding his cell phone in his right hand and waving the baton in his left hand.” Id. After “several seconds,” the police moved back and the “unauthorized people,” including Cua, moved into the Capitol. Id.
Upon entering the building, Cua marched through the Capitol carrying his black asp baton, yelling, and attempting to open doors to various rooms. Id. at 7-8 (SOF ¶¶ 15-17). He shouted, among other things, “[t]his is what happens when you piss off patriots” and “[w]here are the swamp rats hiding at?” Id. at 8 (SOF ¶ 17). Cua eventually made his way to the southeast hallway outside the Senate Gallery, where two on-duty U.S. Capitol Police officers were attempting to lock the doors to the Gallery. Id. (SOF ¶ 18). As Cua arrived, an “unauthorized person” called out, “don't let them lock the doors,” and grabbed one of the doors that the officers were attempting to lock. Id. Cua moved towards that door and, at approximately 2:42 p.m., “interacted with Officer G.L.” in a manner that “involved physical contact with G.L.” Id. “After several seconds of the interaction, Officer G.L. and the other [U.S. Capitol Police] officers retreated away from the doors without locking them in order to protect themselves.” Id.
Cua then entered the Senate Gallery, yelling, while still holding his “asp baton.” Id. at 9 (SOF ¶ 19). While standing on the Senate Gallery overlooking the Senate Floor, Cua said to a “nearby unauthorized person”: “If I go down there and open the doors, will you storm?” Id. After another unauthorized person jumped from the Senate Gallery onto the Senate Floor, Cua did the same. Id. Once on the Floor, Cua “walked directly to the dais at the center of the Senate Chamber, . . . sat in the Vice President's chair, reclined, and put his feet up on the desk.” Id. (SOF ¶ 20). Around 2:48 p.m., Cua and another individual “went into a vestibule containing doors to the Senate Floor,” and, “[a] short time later, more persons were able to enter the Senate through those doors.” Id. at 10 (SOF ¶ 22). Cua then spent another four minutes or so walking around the Senate Floor, opening at least three desks belonging to U.S. Senators, and continuously recording video on his cell phone. Id. Cua left the Senate floor at around 2:52 p.m., and proceeded to leave the Capitol through the Senate Carriage Door about one minute later. Id. (SOF ¶¶ 24-25).
Beginning that afternoon, Cua confirmed in a series of Instagram messages that he had “storm[ed] the [C]apitol.” Id. at 14 (SOF ¶ 33(p)). He wrote, among other things, that he had “fought like hell” and that “[i]f Trump doesn't get Im [sic] we will be back in DC for a blood bath.” Id. at 15 (SOF ¶ 33(t), (v)). Two days later, he posted on Parler that “[e]veryone who works in [C]ongress is a traitor to the people and deserves a public execution.” Id. at 16 (SOF ¶ 33(aa)).
On January 9, 2021, he sent private messages on Instagram stating that he was “ready to start shooting” and was “ready to die before [he] watch[ed] America crash and burn.” Id. (SOF ¶ 33(bb)). “I want to lock the swamp rat tyrants in the [C]apit[ol] and burn the place to the ground,” he stated. Id. at 17 (SOF ¶ 33(bb)).
Roughly one month later, on February 5, 2021, Cua was arrested pursuant to a criminal complaint. A grand jury indicted Cua on February 10, 2021, on twelve counts, see Dkt. 7 and returned a superseding indictment against him, also charging twelve counts, two months later, see Dkt. 32. He has remained on pretrial release since March 16, 2021. See Dkt. 25. On December 1, 2021, the grand jury returned a Second Superseding Indictment. See Dkt. 90. This indictment, the operative charging instrument for present purposes, still includes twelve counts: (I) Civil disorder, in violation of 18 U.S.C. § 23l(a)(3); (II) Obstruction of an official proceeding and aiding and abetting, in violation of 18 U.S.C. § 1512(c)(2); (III) Assaulting, resisting, or impeding certain officers, in violation of 18 U.S.C. § 111(a)(1); (IV) Entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, in violation of 18 U.S.C. § 1752(a)(1) and (b)(1)(A); (V) Disorderly and disruptive conduct in a restricted building or grounds, in violation of 18 U.S.C. § 1752(a)(2) and (b)(1)(A); (VI) Engaging in physical violence in a restricted building or grounds, in violation of 18 U.S.C. § 1752(a)(4) and (b)(1)(A); (VII) Entering and remaining on the floor of Congress, in violation of 40 U.S.C. § 5104(e)(2)(A); (VIII) Entering and remaining in the gallery of Congress, in violation of 40 U.S.C. § 5104(e)(2)(B); (IX) Entering and remaining in certain rooms in the Capitol building, in violation of 40 U.S.C. § 5104(e)(2)(C); (X) Disorderly conduct in a Capitol building, in violation of 40 U.S.C. § 5104(e)(2)(D); (XI) Act of physical violence in the Capitol grounds or buildings, in violation of 40 U.S.C. § 5104(e)(2)(F); and (XII) Parading, demonstrating, or picketing in a Capitol building, in violation of 40 U.S.C. § 5104(e)(2)(G). See id. A bench trial, on a...
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