On April 5, Larry Giberson ’23 was indicted by a grand jury in the U.S. District Court of the District of Columbia on six counts of violations against U.S. code for his alleged involvement in the Jan. 6 Capitol riots. Giberson is reported to have attempted to forcefully enter the Capitol through its Lower West Terrace “tunnel” entrance. His arraignment is set for April 18, where he will enter a plea of guilty or not guilty. Giberson was arrested on March 14 by the Department of Justice (DOJ).
Giberson’s case went before a grand jury on March 16, just two days after Giberson’s arrest on March 14. According to court documents obtained by The Daily Princetonian, the initial arrest warrant for Giberson’s arrest was issued on March 10, 2023 by Magistrate Judge G. Michael Harvey.
The arrest warrant was attached to a criminal complaint that cited five U.S. code violations, all of which Giberson was charged with in the indictment, including civil disorder and engaging in physical violence in a restricted building or grounds. The grand jury indictment added an additional charge, disorderly and disruptive conduct in a restricted building or grounds, bringing the total to six.
According to the case docket, Giberson was present in the courtroom for proceedings held by Magistrate Judge Zia M. Faruqui of the District Court of the District of Columbia on March 14. During that appearance, Giberson opted to waive his right to a preliminary hearing. Consequently, his follow-up “status hearing” was set for April 11 at 1 p.m. by telephone/video conference before Magistrate Judge Moxila A. Upadhyaya.
Giberson was released from his arrest following the proceedings on March 14. According to the Conditions of Release, Giberson was required to submit to supervision by the “Pretrial Service Agency (PSA) as directed for the District of New Jersey/Tinton Falls.” The United States Probation Office of the District of New Jersey has a location in Tinton Falls, NJ. The office is an hour’s drive from campus.
Over the past month, as a condition of his release, Giberson has been required to “notify the PSA in the District of New Jersey in advance of all travel outside of that district” and needed the Court’s approval for any travel outside the continental United States.
Additionally, the conditions of his release outlined a number of restrictions on Giberson, including that he could not obtain a passport; make contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution; and possess a firearm, destructive device, or other weapons.
Giberson’s next appearance was originally scheduled for April 11. Upon notice of his indictment, his arraignment and status conference were rescheduled to 10 a.m. on April 14 with Judge Carl Nichols. It was again rescheduled to April 18 at 1 p.m.
Since his arrest, Giberson has continued to attend classes on campus. It is unclear whether Giberson’s indictment constitutes a violation of the University’s Rights, Rules and Responsibilities.
In Section 1.4.2 (Off-Campus Misconduct), the rules state “While the University does not impose disciplinary penalties for misconduct off campus beyond the local vicinity or unassociated with a University-sponsored program or activity there are exceptions.”
Additionally, Section 1.4.3 (Violations of Local, State, Federal, or International Law), stipulates that violating the law “may trigger University disciplinary action regardless of where such violations occur, particularly if they are of a serious nature and clearly violate University standards of conduct.”
When asked about the potential for disciplinary action from the University against Giberson, University Spokesperson Michael Hotchkiss told the ‘Prince,’ “we don't comment on student disciplinary matters.”
Giberson has retained D.C.-based defense Attorney Charles Burnham. On March 21, Burnham entered an appearance of counsel on behalf of Giberson to the court. Burnham is a partner and founding member of the law firm Burnham & Gorokhov PLLC, which specializes in criminal defense.
Notably, Burnham has served as an attorney for John Eastman, the lawyer who formulated the plot to block the certification of the 2020 U.S. Presidential Election. Burnham advised Eastman in an appearance before a Fulton County Special Grand Jury, in connection to his involvement in efforts to overturn former President Donald Trump’s election loss in Georgia. In a public statement, the firm stated that they advised Eastman to “assert attorney client privilege and the constitutional right to remain silent where appropriate.” He has also represented Eastman against requests for documents from the Jan. 6 Committee and a seizure of Eastman’s cell phone by federal agents.
Liz Dye, a writer for Above the Law, characterized Burnham as someone “used to getting his ass handed to him in privilege disputes,” in reference to his representation of Eastman.
Giberson declined to comment on his indictment. Burnham did not respond to a request for comment by time of publication.
Since publication, the arraignment has been rescheduled to Tuesday, April 18. The article has been updated with that information.
Eden Teshome is head podcast editor and staff news writer for the ‘Prince.’
Please send corrections to corrections[at]dailyprincetonian.com
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