The FBI arrested 34-year-old Aaron Mostofsky at his brother's home in Brooklyn, according to a source with knowledge of the case.
He faces four charges, including felony theft of government property, the source said. If convicted, he faces up to 10 years in prison.
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He was photographed inside the Capitol last Wednesday in fur pelts and a bullet-resistant vest emblazoned with the word "Police."
Mostofsky gave an interview to the NY Post in which he said he stormed the Capitol because he believed the election had been stolen from President Donald Trump.
He also gave his first name and said he traveled from Brooklyn. He was not wearing a mask.
A search warrant was being executed at his home Tuesday as federal law enforcement searches for possible connectivity between Mostofsky and any greater plot.
"The government is deeply troubled by the conduct of the defendant as charged," said US Attorney Josh Hafetz during a virtual hearing. "Much of this is public...Video of Mr. Mostofsky inside of the Capitol with a police officers' riot shield and appearing to wear a police officers bullet proof vest, neither of which he had the right to. We have concerns about Mr. Mostofsky."
Judge Sanket Bulsara agreed to release Mostofsky on $100,000 bond, with travel restrictions to ensure he does not flee the jurisdiction to engage in similar activity, GPS monitoring, no contact with any co-defendants or co-conspirators, no participation in political gatherings, and no access to any state capital.
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Mostofsky's attorney, Jeffrey Schwartz, insisted his client was not part of the mob.
"I believe the evidence will show he was not part of the mob," he said. "He was not rampaging. He got caught up in it. He understands how the whole thing in Washington got totally out of hand. His only interest now is to address these charges and get a resolution that is justice. You will not have to worry about him. He won't make any trouble at all."
His older brother Neil Mostofsky agreed to be his third-party custodian upon release.
Mostofsky's next court date is set for 1 p.m. on January 25 in federal court in Washington DC. He will appear via video conference.
In addition to being a judge, his father, Shlomo Mostofsky, is a prominent member of the Orthodox Jewish community.
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