2 Oregon brothers were ready to breach U.S. Capitol and helped others break in, say prosecutors

Two Oregon brothers were prepared for violence when they traveled to Washington, D.C., in early January and stormed the U.S. Capitol building while Congress was in session, court documents show.

Jonathanpeter A. Klein, 21, and Matthew L. Klein, 24, wore goggles and other protective clothing as they twice forced their way into the building in defiance of law enforcement, and helped other rioters gain access, say federal prosecutors.

The brothers — the younger of whom is said to be a self-identified Proud Boys member — were among the first groups of rioters to physically breach the Capitol.

They were attempting to stop Congress from certifying the 2020 Electoral College vote, which declared Joe Biden as president and Kamala Harris as vice president.

On Tuesday, the Kleins were arrested by agents with the Federal Bureau of Investigation for conspiracy and obstruction in the Jan. 6 insurrection.

The two were captured both on video and in pictures. Agents also used travel records and the Kleins’ communications with other people and on social media to build their case against the brothers.

The FBI’s Portland office announced the arrests late Wednesday afternoon on its Twitter account.

Jonathanpeter Klein was arrested near Heppner — the rural agricultural-based seat of Morrow County about 80 miles south of Tri-Cities, Wash.

Matthew Klein was arrested in Sherwood, southwest of Portland.

Online records show they both have lived in Pendleton.

They are the first Oregon residents to be charged in the Capitol riot, according to a story by The Oregonian/OregonLive.

An 11-page indictment, unsealed Wednesday, and a 22-page motion for detention detail the brothers’ alleged roles in the attack in the nation’s capital, and their prior participation in Proud Boys rallies in Oregon that turned violent.

‘Dangerous scenario’

“Surrounded and assisted by a mob of rioters, the (Kleins) joined together to wrench open a secure door on the Capitol’s north side,” said the court documents. “Behind that door, law enforcement officers tasked with protecting the Capitol and its inhabitants prepared to fend off yet another wave of attacks from the unruly crowd.”

“The (Kleins’) actions created a dangerous scenario that directly interfered with law enforcement’s efforts to secure the building,” the documents continue. “That they did so as part of a second or third wave of attacks — with knowledge of the mayhem that had already unfolded at the Capitol — shows their reckless disregard for others and the danger posed by these two actors.”

Prosecutors state that 81 members of the Capitol Police and 58 members of the Metropolitan Police Department were assaulted in the Capitol attack. Five people also died — one police officer and four protesters.

Additionally, the actual building suffered millions of dollars in damage, including broken windows and doors, graffiti, and residue from pepper spray, tear gas and fire extinguishers deployed both by crowd members who stormed the building and by Capitol Police officers trying to restore order, said prosecutors.

Media members also were assaulted and had cameras and other news-gathering equipment destroyed.

Congress — including Vice President Mike Pence as president of the Senate and Sen. Harris — was forced to temporarily suspend the certification vote while members were evacuated.

“The defendants’ conduct on Jan. 6 demonstrated a flagrant disregard and malice towards the rule of law and a willingness to confront law enforcement officers and use force to promote their political beliefs,” court documents said.

Grand jury charges

The Kleins were pictured in Washington, D.C., on Jan. 5 wearing Proud Boys gear and American flag neck gaiters covering half their faces. Matthew Klein also carried a large Gadsden flag with a coiled rattlesnake and the words, “Don’t Tread On Me,” and allegedly used it the following day to fight off law enforcement.

The photograph was featured on a FBI website asking for the public’s help in identifying people who participated in the Jan. 6 violence, including illegally entering the Capitol building when Congress was in session.

Federal agents then used those identities to pick out the Kleins in videos and pictures captured during the violence after then-President Donald Trump railed against the election results.

A grand jury in U.S. District Court for the District of Columbia returned the six-count indictment against the two on March 19.

The charges are: conspiracy, obstruction of an official proceeding, obstruction of law enforcement during a civil disorder, destruction of government property, entering a restricted building, and disorderly conduct.

The FBI said the pair were arrested without incident.

“An indictment is only an accusation of a crime, and defendants are presumed innocent unless/until proven guilty,” the Portland FBI said in a tweet.

Each brother had a hearing Tuesday before Magistrate Judge John V. Acosta.

Matthew Klein appeared by video from a U.S. Marshals Service Lockup facility in the Portland area, while Jonathanpeter Klein was in the Umatilla County jail. The younger brother then was moved to the same facility Wednesday.

Prosecutors asked to have the brothers transferred to Washington, D.C., since that district has jurisdiction over their cases.

They also asked that the Kleins be locked up while awaiting trial because “no condition or combination of conditions will reasonably assure the appearance of the defendants as required and the safety of any other person and the community.”

A Portland court-appointed attorney for the brothers said they plan to seek release.

Judge Acosta granted the federal government’s request.

Their next hearing is Friday via a Zoom call before a District of Columbia judge, court records show.

Oregon rallies

The motion for detention states that both Jonathanpeter Klein and Matthew Klein joined about 100 supporters of then-President Donald Trump and Proud Boys members in a car rally that led to Oregon’s Capitol building in Salem on Sept. 7, 2020.

That group clashed with about 20 Black Lives Matters protesters.

“The Proud Boys describes itself as a ‘pro-Western fraternal organization for men who refuse to apologize for creating the modern world; aka Western Chauvinists,’” their indictment states. “... There is an initiation process for new members of the Proud Boys, and members often wear black and yellow polo shirts or other apparel adorned with Proud Boys logos to public events.”

Members routinely attend rallies, protests and other events, occasionally resulting in violence.

The Kleins were captured in media footage wearing body armor and goggles, and armed with a baseball bat and paint gun.

Some pictures show Jonathanpeter Klein chasing a fleeing BLM protester, who ultimately was assaulted by another person. He also was seen shooting the paintball gun at an unknown target.

Then on Sept. 26, the Proud Boys held a rally in Portland. Jonathanpeter Klein was photographed with a gun in his waistband, with the slide locked back and no magazine, court documents said.

Matthew Klein was stopped by police while riding in the bed of a pickup truck “looking to initiate a response from and/or acting violently towards those they perceived to be counter to their ideals,” documents said.

Police recovered five paintball guns, five shields, three baseball bats and an ax handle, in addition to a loaded Smith & Wesson 9mm pistol, which Matthew Klein allegedly admitted belonged to him.

He faces two misdemeanor charges for unlawful possession of a loaded firearm in public in Multnomah County, which were still pending when he participated in the Washington, D.C., riot more than three months later.

‘Stop the Steal’ protest

After Trump lost the Nov. 3 election, a “Stop the Steal” protest was announced Dec. 19 and planned for Jan. 6 to coincide with Congress’ certification of the Electoral College vote.

Jonathanpeter Klein told his boss on Dec. 27 that he wanted to take time off from work Jan. 4-8 so he and his brother could travel to Washington, D.C., for the rally.

The brothers used cash on Dec. 29 to buy plane tickets for Jan. 4 from Portland to Philadelphia, Penn. They arrived in D.C. on Jan. 5.

The day of the protest and eventual insurrection, a large crowd started to gather outside the Capitol perimeter at 12:45 p.m.

Permanent and temporary barriers are in place to restrict access since only authorized people with appropriate identification are allowed on the grounds or inside the building.

Capitol Police were guarding the pedestrian entrances, where prominent “area closed” signs were displayed. But at 12:53 p.m., a group of people forcibly breached the barriers on the west side and the crowd charged onto Capitol grounds, court documents state.

The Joint Session of Congress convened at 1 p.m. But as they were starting the certification process, law enforcement was struggling outside “to maintain control of the growing crowd that had advanced onto the Capitol grounds.”

People — including the Klein brothers — forced their way through, up and over additional barricades and advanced to the building’s exterior facade, the documents state.

Matthew Klein was seen at 2:11 p.m. using a police barricade to help others climb a wall and gain access to an external stairwell leading to the Upper West Terrace.

The doors and windows of the building were locked and secured, but by 2:13 p.m. crowd members had started breaking windows and forcing open doors.

Documents note that no one in the crowd submitted to security screenings or weapons checks before entering the building.

Jonathanpeter Klein entered the building at 2:16 p.m. and engaged in a “celebratory exchange” with another Proud Boys member, court documents state. His brother came through the same door at 2:18 p.m.

Jonathanpeter Klein allegedly went into the Capitol Rotunda and again celebrated with the same person from earlier. Then, after being pushed out of the building, the brothers made their way around to the north side and worked with others to force open a secured door.

Officers were waiting on the other side with pepper spray, which led Matthew Klein to pull his goggles down over his eyes before going in, documents state.

At 2:20 p.m., members of the House and Senate were evacuated. Pence already had withdrawn from the Senate floor to a separate chamber to resolve an objection, but he was moved to a more secure location inside the Capitol.

The Joint Session was put on hold until Capitol police and other officers could restore order and clear the building and grounds of “the unlawful occupants.” The Joint Session reconvened about 8 p.m.

The FBI is asking anyone with information on people who took part in the Capitol violence to call the FBI Portland office at 503-224-4181 or submit their tip online at tips.fbi.gov.

The FBI also asks people to “help identify individuals who actively instigated violence” by viewing more photos and videos at www.fbi.gov/wanted/capitol-violence.

This story was originally published March 25, 2021 at 3:48 PM.