So we just learned the two men have been arrested in connection with their attack on the Capitol on January 6th, and these two have been charged with assaulting the late Capitol Police officer, Brian Cesnik.

But no murder charges yet. Let's talk about that, because holding these insurrectionists fully accountable for the damage they did. Like justice matters. All Glenn Kershner here, so we just learned that two more individuals were arrested in connection with the attack on the U.S. Capitol on January 6th, and these two particular insurrectionists have been charged with assaulting, with attacking the late U.S. Capitol Police officer Brian Michnik.

Here's how The Washington Post broke that story today.

Quote, Two arrested in assault on police officer Brian Disick, Nick, who died after the January 6th Capitol riot.

And I have here a copy of the court paperwork, the criminal complaint against these two insurrectionists and the affidavit that was prepared by the FBI agent who was seeking an arrest warrant for these two particular defendants.

Those two people, those two men are Julian Katar and George Tadeus.

And here are the charges that thus far have been brought against these two insurrectionist. You'll notice that there are no homicide charges, no murder charges included yet. We'll talk about that in a moment. Here are the charges that have been brought. Three counts of assault on federal officers with a dangerous weapon, a fourth count conspiracy to injure an officer, civil disobedience, obstructing or impeding any official proceeding, physical violence on restricted grounds while carrying a dangerous weapon, resulting in significant bodily injury, violent entry and disorderly conduct, including an act of physical violence on Capitol grounds and aiding and abetting.

And here are just a few passages from the affidavit in support of the arrest warrant prepared by the FBI agent.

In reviewing surveillance footage of this incident, your affiant observed your affiant simply means the FBI agent who prepared this affidavit, your affiant, observed the defendants, Julian Kater and George tenias, working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes. Your affiant further observed. These defendants appeared to time the deployment of the chemical substances to coincide with other rioters efforts to forcibly remove the bike rack barriers that were preventing the rioters from moving closer to the Capitol building.

On the video, Katar is seen making his way toward Tadeus Katar, then states, quote, Give me that bear shit, close quote, and reaches into the backpack of Tadeus. Antonios is back tenias then states, quote, Hold on, hold on. Not yet. Not yet.

It's still early, close quote. The affidavit continues.

This verbal exchange between Carter and tenias, together with Carter's retrieval of the spray can from Tadeus, reveals that the two were working in concert and had a plan to use the toxic spray against law enforcement. Skipping forward a little bit in the affidavit.

Seconds later, Carter is observed with his right arm high in the air, appearing to be holding a canister in his right hand and aiming it in the officer's direction while moving his right arm from side to side.

The affidavit continues in reviewing the surveillance footage and body worn camera video, your affiant observes that Officers Cesnik, Edwards and Chapman, who are standing within a few feet of Carter, all react one by one to something striking them in the face.

And thereafter, the affidavit talks about how the officers were incapacitated by being hit in the face with this chemical agent. So as we make our way through the information, the evidence contained in that affidavit and we review the charges that have been brought thus far, we have one obvious question.

Why no murder charge? Because Officer Michnik is dead as a result of what was done to him at the US Capitol on January 6th.

Well, let me tell you, as a former career homicide prosecutor in Washington, D.C., I can tell you that it is entirely unusual to start a case like this, particularly a large scale investigation with lots of defendants and one or perhaps many conspiracies that need to be investigated.

It's entirely usual to start by bringing a relatively low level but readily provable charge, using those lower level charges to secure an arrest warrant to lock up these particular targets.

And then it could to continue to present all of the evidence, all of the information to a grand jury. And you build the case in the grand jury and you build to the most serious, the most significant, the most severe criminal charges supported by the evidence.

And then when you're done, your investigation before the grand jury, you can ask them to vote out an indictment with all of the most significant charges supported by the evidence.

So I wouldn't be too concerned that there are no murder charges yet that have been brought against any of these insurrectionists for the death of Officer Cesnik. I would say stay tuned. The other thing that I'll mention is that when we are investigating potential homicide charges, it takes some time to develop all of the evidence and information that might support those charges.

For example, when an autopsy is performed, the medical examiner performing the autopsy will take a whole bunch of samples from the body of the decedent, lots of tissue samples, organ samples, bodily fluid samples, for example, blood, saliva, vitreous fluid from the eye.

And all of these samples will be submitted for toxicology tests to see what it is that may have been an officer sick NICS system as a result of him being attacked by these two insurrectionists. With that, you know, it's been referred to as bear spray with that chemical irritant, that chemical agent that undoubtedly was involved in Officer Sick Nick's death.

But these things take time, these sort of intense, very specific toxicology tests that will be run on various samples taken at the time of autopsy. It all takes time. And then sometimes we need expert witnesses to help us unravel the forensic, the medical implications of the results of those toxicology tests. So don't lose heart. I would say stay tuned, because undoubtedly additional charges will be considered by the grand jury and perhaps indicted. But in the meantime, I would say let's stay tuned, because, you know, justice needs to come to Brian Cesnik, to his family, to everyone who was assaulted on January 6th by these lawless insurrectionists inspired by Donald Trump.

And company justice must come for all of it because justice matters.