Prosecutors aim to prove the allegation at Reffitt’s trial, which is tentatively scheduled for late February. He will be the first January 6 defendant to go to trial, and is facing five federal charges. He has pleaded not guilty, and has been in jail since his arrest in January.
According to court documents, Reffitt drove to Washington, DC, days before the riot, carrying an AR-15 rifle and pistol in his car. Prosecutors say Reffitt wore body armor and carried his pistol and plastic cuff restraints on the Capitol grounds on January 6.
Reffitt’s defense lawyer has downplayed his threats as just talk, and his daughter told a judge in March she thought Reffitt was being a “drama queen.”