The appeal could be a major step in one of the Justice Department’s most critical investigations into the attack, as prosecutors understand what the Proud Boys leaders had planned as they descended on the Capitol. Finley has confirmed evidence that prosecutors may use in other cases.
According to the agreement reached in court, Finley was one of the first groups to violate the Capitol. Although Finley has not been charged with other Proud Boys, prosecutors say he was photographed with some of the group leaders parading on the ground.
Finley also wore a headset during the uprising. Prosecutors allege Proud Boys members used radios – and some wore headphones – to communicate on Jan. 6. Finley also participated in Telegram messaging channels on which prosecutors relied to file cases.
Shortly after 2 a.m. that day, Finley moved with the mob to the Upper West Terrace and sent a message to a Telegram channel entitled “Boots on the Ground.” Prosecutors said the channel was used by Proud Boys leaders for communication, including the republishing of instructions by leader Enrique Tarrio.
Nearly two hours later, Finley sent another message to Boots on the Ground saying, “I just got out on my own” and “we literally can’t go back … if you go out you won’t get back to it.”
In the days following the uprising, according to the protest agreement, Finley deleted photos, videos and messages with other Proud Boys at the Capitol. Finley instructed other members to do the same.
“No talk of DC,” Finley said in a statement.
Last month, the Justice Department accused Tarrio of conspiracy. He pleaded not guilty on Tuesday.
Prosecutors told the court there was new evidence that could lead to additional charges or arrests in connection with the case.
