A new court filing has determined that then-Vice President-elect Kamala Harris was not at the Capitol during the Jan. 6, 2021 attack.
In the Wednesday filing for U.S. v. Guy Wesley Reffitt, a Secret Service agent confirmed what the Justice Department had said in November — Harris was not at the Capitol at the time of the attack.
"The Vice President-elect, although present at the Capitol on the morning of January 6, had left and was planning to return to the Capitol until her travel there 'was delayed when the Joint Session was interrupted by the riot,'" the filing in the U.S. District Court for the District of Columbia said.
"The Vice President-elect thus did not return to the Capitol until approximately 7 pm to participate in the Certification of the Electoral College vote."
The information was courtesy of a declaration by Secret Service staff assistant Jason Jolly.
In a joint filing for jury instructions, the government moved to strike references to "Vice President elect" in the Reffitt indictment. One count in the indictment alleged that the defendant "did knowingly enter and remain in a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting, without lawful authority to do so."
The DOJ previously acknowledged that Harris was away from the Capitol at the time of the Jan. 6 attack and only returned later to cast the key votes certifying the 2020 election.
"The government incorrectly stated that Vice President-elect Harris was present in the U.S. Capitol at the time of the attack," prosecutors wrote in one Jan. 6 case filing late last year.
"In fact, Vice President-elect Harris was not present at that particular time, though she was present earlier in the day and was present later that day."
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