The charge has a potential maximum of six months in jail, though Bennett may be ordered to serve much less, or even no jail time, when he is sentenced in October. Three rioters have been sentenced so far, two of whom received jail time.
Investigators received a tip the day of the riot claiming that Bennett had been livestreaming video on Facebook from inside the Capitol. In the videos, according to court filings, Bennett yells “No destruction!” at other rioters kicking a door inside the building. But later, prosecutors say, Bennett taped himself chanting “Break it down!” near a door located in the Speaker’s Lobby, where Babbitt was shot. A gunshot can be heard on the video.
According to court records, Bennett posted on Facebook days before the riot, “You better be ready chaos is coming,” and “#FIGHTBACK for Lin Wood and his family!,” referring to the conspiracy-theorist lawyer who was involved in longshot legal efforts to overturn the election.