A federal judge found a Jan. 6 defendant who entered the Capitol not guilty on all charges after he said he was waved in by two Capitol Police officers. The decision lays down the groundwork to push back against the Department of Justice’s charge that the hundreds of people on Capitol grounds on Jan. 6, 2021 deserve to be punished.

U.S. District Court Judge Trevor McFadden acquitted Matthew Martin of all misdemeanor charges on Wednesday after he said it was “plausible” that the defendant “reasonably believed” he had permission to be in the Capitol.