This is one of a handful of photos the Justice Department included of Brian Gunderson (circled) at the U.S. Capitol on Jan. 6, 2021.

The Justice Department claims a Pennsylvania man made it clear that his intention when he breached the Capitol on Jan. 6, 2021, was to interfere with the Electoral College vote.

Assistant U.S. Attorney Robert Juman cites social media postings of Brian Gundersen in support of that contention.

The prosecutor in filings Tuesday in District of Columbia federal court in opposition to a defense motion to dismiss three of the charges included this:

A day after the insurrection Gundersen posted a picture of members of Congress taking cover with the caption: “Look at these scared [expletive].”

Two days after the riot, he posted: “Just was at our capital [sic] building in a massive event that rocked the world” and “we all stormed the us capital [sic] and tried to take over the governmnent [sic].”

It was followed by “we failed but, [expletive] it.” He also posted “they don’t listen to us” followed by “so we had to resort to violence.”

The filings give this detailed account of Gundersen’s alleged activities as captured in photographs:

“At approximately 2:30 p.m., Gundersen was at the Senate Wing Door screaming through a broken window at Capitol Police inside the building.

This is one of a handful of photos the Justice Department included of Brian Gunderson (circled) at the U.S. Capitol on Jan. 6, 2021.

“A few minutes later, Gundersen entered the Capitol through a fire door next to the Parliamentarian’s office, within seconds of the initial breach through this door.

“Gundersen then entered the Parliamentarian’s office, remaining inside for approximately a minute before leaving and heading north through the Capitol building.

“Gundersen entered another Senate office in the area and held up a “victory” hand sign at the rioters outside.

“Gundersen was forced to leave the Capitol by police and he exited through the North Door.

“Gundersen then walked to the Senate Wing Door and entered the Capitol again, through the broken window.

“Gundersen was forced out of the Capitol a second time and remained in the area of the Northwest Courtyard.

“At approximately 4:22 p.m., while police were attempting to clear rioters from the Northwest Courtyard, Gundersen attacked one of them and was pushed back.

“A few minutes later, Gundersen walked to another area of Northwest Courtyard and made his way to the front line of rioters confronting police.

This is one of a handful of photos the Justice Department included of Brian Gunderson (circled) at the U.S. Capitol on Jan. 6, 2021.

“Shortly thereafter, police successfully cleared rioters, including Gundersen, from the Northwest Courtyard.”

Gundersen, 28, who now lives in Lock Haven, is seeking dismissal of charges of corruptly obstructing an official proceeding, disorderly and disruptive conduct in a restricted building and engaging in physical violence in a restricted building.

He claims the Electoral College vote is a ceremonial not an official proceeding and the definition of the word “corruptly” in the law is constitutionally vague.

He contends he was charged under the wrong section of the law in relation to the latter two counts.

Juman in his filings claims Gundersen misinterprets the law and points out every judge in the District of Columbia that has ruled on the issue has concluded the joint session of Congress to certify the Electoral College vote is an official proceeding.

The prosecutor also rejected Gundersen’s contention he cannot be charged with entering a restricted building where someone protected by Secret Service is visiting.

Gundersen claims because the vice president has an office in the building he cannot be visiting.

Vice President Pence is a member of the executive branch was in the building only to preside over the certification of the Electoral College vote, was Juman’s response.

District of Columbia federal Judge Thomas F. Hogan has scheduled a Sept. 19 hearing on the defense motions to dismiss the three counts.

This is one of a handful of photos the Justice Department included of Brian Gunderson (circled) at the U.S. Capitol on Jan. 6, 2021.

Gundersen, a former high school football player in New York State, was living with his mother in State College when he traveled to Washington for the President Trump rally that preceded the riot.

The government made a plea offer to Gundersen in August 2021, the details of which have not been disclosed.

He is charged with assault, resisting or impeding officers, engaging in an act of violence within the Capitol grounds, disorderly and disruptive conduct, entering and remaining in a restricted building and demonstrating in a Capitol building.

He is free on personal recognizance but prohibited from entering the District of Columbia except for court-related reasons.

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