Update 4:15 p.m. — This article has been updated with a comment from the New Hanover County chapter of Moms for Liberty.
The federal government is charging Wilmington-area political activist and Moms for Liberty leader Justina Guardino with knowingly entering or remaining in a restricted building or grounds, disorderly and disruptive conduct in the Capitol grounds and building, and parading, demonstrating, or picketing in the Capitol building.
The charges are similar to those faced by many supporters of former President Donald Trump who told the crowd at a rally to go to the Capitol to ‘Stop the Steal,’ falsely claiming that he was the rightful winner of the 2020 election over President Joe Biden.
In the affidavit, an FBI special agent assigned to investigate the perpetrators of January 6 wrote that individuals involved in the assault broke through barriers and forced entry into the Capitol, “including breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged and assisted those acts.”
The special agent said that Guardino initially told law enforcement that she was at Trump’s rally but, after its conclusion, returned to her hotel room. She later admitted to law enforcement that she returned to the Capitol grounds — and saw no barriers blocking her path and that there was one broken window. She said she did not see or smell tear gas.
Guardino said she entered the Capitol and found it to be “peaceful,” “akin to a tour,” and “open to the public.” She later admitted that this was not a “public tour,” as there were no security screenings or metal protectors, nor was she asked to show identification.
The federal complaint has several images of Guardino entering the Capitol grounds. They also traced her cell phone inside the building — and further photographs of her filming the scene. They also have pictures of her in the mob of people just outside the building.
Around 3:17 p.m. that day, officers closed the window Guardino had entered through and told her and other rioters to exit the building. Guardino complied and left, but images show her re-entering the building at 3:21 p.m. She started filming again but was redirected by law enforcement to leave. She did so at 3:24 p.m.
Law enforcement officials concluded in the complaint that there was “probable cause” that Guardino impeded and disrupted the orderly conduct of government business. There was also “cause” that she “willfully and knowingly uttered loud, threatening, or abusive language once inside the Capitol.” She also remained in a “restricted building and grounds without the lawful authority to do so.”
NPR has a database of arrests and charges related to January 6. The Federal Bureau of Investigations (FBI) estimates that about 2,000 people were involved in criminal acts, and as of September 4, there have been 1,472 people charged; nearly a thousand have already entered guilty pleas.
Guardino's local political activity
Until recently, Guardino was listed as the vice chair of the New Hanover County Moms for Liberty page. She's been removed from the page, but cataloged copies of the site at the Internet Archive show her listed alongside Chapter Chair Jan Boswell and Legislation Chair Natosha Tew.
Guardino has been an avid supporter of Tew, currently a Republican candidate for the New Hanover County school board. Guardino used the board’s February comment period to endorse Tew in the GOP primary, the “America first, most conservative school board candidate,” and that they didn’t need another Republican like Stephanie Kraybill.
In April, Tew posted a photo referring to Guardino as her campaign manager at a Trump rally at the Wilmington airport (the former president cancelled his appearance due to inclement weather).
Guardino also said that former superintendent Dr. Charles Foust was a Marxist and then said he tried to open a “newcomer school, aka a refugee center.” This was proven false by the district. They had talked about a newcomer school, potentially at Mosley. Refugees would not increase in number because, locally, the federal government only allows so many to resettle in Wilmington. Refugees are legal immigrants to the U.S. The district, too, is seeing an expansion in the number of multi-lingual students. Those are here, both documented and undocumented. Under federal law, the district cannot ask about immigration status.
When she signed up for the call and the district asked whether she needed a translator in February, she responded, “No. I speak English since we live in America.”
WHQR reached out on Saturday to Moms for Liberty and Tew for comment on Guardino’s arrest and clarification on her current role in the organization. Tew did not respond to requests for comment.
Monday afternoon, a spokesperson for the organization provided a statement from Boswell on behalf of the New Hanover County chapter:
“Justina Guardino is no longer with Moms for Liberty. She resigned her volunteer vice chair position and we therefore have no further information on her legal situation. We continue to focus on our mission to push voter registration in North Carolina and support school board candidates who believe in parental rights ahead of the upcoming election in November. That mission remains unchanged.”
Following her arrest, Guardino apparently renamed her Facebook page to "Sara Smith" and then deleted the account entirely. WHQR could not reach her for comment.
Editor's note: After publication, Guardino's attorney, Assistant Federal Public Defender Benjamin Schiffelbein responded to WHQR. He noted that he had no comment at this time, but confirmed that Guardino will be pleading not guilty.
Below: Complaint and arrest warrant in the case USA v. Guardino from the U.S. District Court for the District of Columbia.
240829 Guardino Federal Criminal Complaint by Ben Schachtman on Scribd
240829 Guardino Arrest Warrent (1) by Ben Schachtman on Scribd
