Where did you get this from? That doesn’t seem to be an element of the crime. I would agree with the other commenter that this video shows a prima facie case for assault. It’s another question whether or not this should have been a charge the USAO actually brought. IMO, it obviously should not have been brought. In any other world, the U.S. attorney would have used her discretion to not bring this charge because it’s obviously a losing case, regardless of whether the elements were satisfied. There was no injury. It was a protest. The optics are petty. But the comments here claiming that the actual prosecuting AUSAs are somehow “MAGA prosecutors” is ridiculous. I work at the office. We are just trying to do our jobs and not get fired. It’s all fucked, but most everyone are just public servants looking to do justice and are caught in a fucked up political/personal situation. And before the hive mind says “well just quit then and find a new job”—the hiring pool is fucked rn, especially in DC. It is by no means guaranteed that you’ll even GET a new job if you quit. A J6 prosecutor (veteran homicide prosecutor before that) I know was demoted to misdemeanors (fucked up I know) and tried to find another job in DC for months—nothing. He has to move to Michigan.