(UPDATE, 2:45 pm) Federal Magistrate Judge John Johnston approved a motion to transfer Jerod and Josua Hughes back to Washington, D.C.
Johnston also ordered the two brothers detained pending further proceedings. The U.S. Marshals will transfer the two men to back to Washington, D.C.
(1st REPORT, 1:11 pm) The U.S. Attorney's Office has filed a motion to transfer two Helena-area brothers accused of taking part in the Capitol riot back to Washington, D.C.
Joshua and Jerod Hughes made their initial appearance in federal court in Great Falls on Monday morning.
Warrants for the two men's arrest were issued last Thursday and associated court documents listed the last known address for both men as in East Helena.
According to the criminal complaint, the two brothers turned themselves in at the Helena Police Department on January 11 after seeing themselves in national news coverage of the riot and believing they were wanted by the FBI. They also confirmed to investigators that they are the two men seen in the photos and videos from the scene.
Prosecutors say that the men were among the first 10 rioters to enter the Capitol at that part of the building. Investigators accused Jerod Hughes of working with another man to kick open a door to allow more people to enter the building.
Court documents say the men were in a crowd that began working their way toward the Senate floor. Investigators say the two met up with another suspect, Douglas Austin Jensen, who engaged Capitol Police Officer Eugene Goodman.
In one of the most widely-shared moments of the riot, the mob is seen advancing up a flight of stairs toward Officer Goodman. Goodman has been called a hero for luring the mob away from the Senate floor while lawmakers were still evacuating.
The brothers are also alleged to have been among a group who made their way onto the Senate floor, opened desks, and viewed sensitive materials.
The two men face nine charges each. They include:
- Obstruction of an Official Proceeding
- Obstruct/Impede/Interfere with Law Enforcement during a Civil Disorder
- Knowingly Enter or Remain in a Restricted Building Without Authorization
- Knowingly Disrupt Government Business or Official Function
- Enter or Remain in Capitol Building Without Authorization
- Enter Capitol Building with the Intent to Disrupt Official Business
- Parade, Demonstrate, or Pickett in a Capitol Building
- Destruction of Property
- Aiding and Abetting