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ALT: Jan. 6 rioter ‘Barby’ can take European honeymoon, judge says

A federal judge has granted Jan. 6 rioter Barbara “Barby” Balmaseda of Florida, who is currently awaiting trial, permission to leave the country so she can flit about between Italy and Spain for her honeymoon.

The order from U.S. District Judge John Bates, an appointee of former President George Bush, was first reported by the Miami New Times.

As Law&Crime reported in May, Balmaseda, the former director for the Miami Young Republicans, a reported intern for Sen. Marco Rubio, R-Fla., and a campaign organizer for Florida Gov. Ron DeSantis, allegedly spent months exchanging texts and photos with members of the far right Proud Boys before joining them at the Capitol on Jan. 6. She was arrested in December 2023 and charged with felony obstruction of justice/threat of physical force for reporting crimes, entering or remaining in a restricted building or grounds without lawful authority, and two disorderly and disruptful conduct charges — one for being in a restricted area, the other for being in the Capitol — and parading, demonstrating or picketing in a Capitol building.

Her sole felony charge was the obstruction charge brought under 18 U.S.C. 1512(c)(2), the same statute that the Supreme Court narrowed in June with its decision in Fischer v. United States.

A minute entry entered on the federal docket notes that a status conference in Balmaseda’s case was held Wednesday and that her speedy trial date from that date to October 7 was excluded “for the interest of justice” and that the next status conference will be held on Oct. 7 telephonically. Notably, she is represented by Nayib Hassan, the same attorney who represented convicted Jan. 6 seditionist and former leader of the Proud Boys, Henry “Enrique” Tarrio.

As for Balmaseda’s honeymoon getaway, it was approved via minute order on July 19. Bates wrote that the U.S. Probation Office did not oppose Balmaseda’s request to leave the country though he acknowledged prosecutors did. The judge specifically noted in his minute order that he ultimately granted the request because of the “uncertain status of defendant’s sole felony charge, 18 U.S.C. 1512(c)(2), in the wake of Fischer v. United States,”

Also factoring into Bates’ order: Balmaseda’s own ties to the United States and “apparent lack of ties outside the United States” and her compliance thus far with her conditions of release.

Balmaseda will be allowed to travel from her home in Miami, Florida to Barcelona, Spain on Aug. 29 and then return from Rome, Italy to Florida on Sept. 13.

In a motion opposing the request reviewed by Law&Crime, federal prosecutors highlighted that while they were not aware of any evidence that Balmaseda assaulted police at the Capitol on Jan. 6, she was “in the first group of rioters to breached the U.S. Capitol building,” and despite encountering multiple officers trying to stop her and other rioters from going any further into restricted zones, she barreled ahead and stayed in the building for roughly an hour.

Part of the reason why prosecutors had even agreed to let Balmaseda out of custody following her arrest and without bond was the pre-trial condition that her passport would be surrendered.

Prosecutors noted that when she first appeared before a magistrate judge in December 2023, besides not being required to post bond, she also was not subjected to a curfew or GPS monitoring. She was only restricted from possessing firearms and told that she had to submit to supervision by pretrial services.

Given these minimal requirements, they argued this latest request should be denied.

Further, prosecutors underlined in a footnote of their motion opposing her request: “The government’s position is the same even if the Supreme Court’s decision in Fischer v. United States ultimately affects the charges in this case. The nature and circumstances of Balmaseda’s conduct and flight risk, no matter the charges, weigh in favor of denying Ms. Balmaseda’s motion to travel.”

“Ms. Balmaseda’s travel is also nonessential. There is no evidence that Ms. Balmaseda can’t have her honeymoon in the United States within the same time frame. The Government acknowledges that Ms. Balmaseda’s honeymoon abroad would be a nice trip to celebrate her marriage, but that does not mitigate the severity of Ms. Balmaseda’s actions before, on, and after January 6, 2021 and the interest in having recourse if Ms. Balmaseda violates her conditions,” prosecutors wrote before also noting that other Jan. 6 defendants had their requests for family trips to Greece, Cyprus or Jamaica.

As Law&Crime reported, prosecutors allege that over roughly 900 messages from November 2020 to January 2021, Balmaseda spoke about now-President Joe Biden “stealing” the election and shared articles or social media posts in the chat from Trump’s allies in Congress who planned to object including Rep. Matt Gaetz of Florida.

After Donald Trump’s defeat was declared, however, she lamented to her group chat: “F— it, going to take pain killers and sleep to Monday call me when people grab there [sic] f—— balls.”

Two days later, when someone sent her a link to an article about Trump’s plans to challenge the election results, prosecutors say messages showed Garcia vowed that he and others were “ready to f— s— up again.

Balmaseda replied with a smiley and popcorn emoji, writing: “I’ll get the popcorn ready to watch y’all f— s— up.”

But prosecutors said Balmaseda did more than watch. On Jan. 6, she drank coffee with now-convicted Proud Boy Gabriel Garcia at Black Lives Matter Plaza. She also strode behind him as he marched to the Capitol, prosecutors allege.

Rioting was in full swing with people climbing over the scaffolding’s west side as plumes of smoke billowed into the air when she arrived and then allegedly took her place “towards the front of the mob of rioters on the west front,” records show.

Over text messages with Garcia and other “associates,” the Justice Department alleges Balmaseda was part of a Telegram group chat that she herself set up on Nov. 4, 2020, entitled “Barby’s Security :).”

She eventually renamed it to “Barby’s Security Detail.” There were 10 other members in the chat, including Garcia, who were all members of the Miami Proud Boys chapter.

Prosecutors allege Balmaseda and Garcia climbed equipment staged for Biden’s inauguration and made it up to the top of a balustrade on the Capitol’s West Terrace. She ultimately entered the Capitol through a Senate Wing door just four minutes after rioters breached it. Once inside, she got to the second floor of the Capitol near the Rotunda and stayed inside for 11 minutes, snapping photos of Garcia as he posed next to a statue of Ronald Reagan, prosecutors allege.

When she finally left, it was only because officers had corralled her and other rioters and investigators say she appeared to be carrying a “white rectangular object” in her hands while inside. Court documents did not describe what the item was.

Balmaseda resigned as a committeewoman for the Florida GOP after photos of her at the Capitol on Jan. 6 surfaced.

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