Kevin Moore, 61, right, and Carol Moore, 57, of Massapequa, were...

Kevin Moore, 61, right, and Carol Moore, 57, of Massapequa, were arrested by the FBI in connection with the Jan. 6, 2021, riot at the Capitol. Credit: USANYE

A Massapequa couple awaiting trial for their role in the Jan. 6, 2021, riot at the U.S. Capitol can go to Washington, D.C., for Donald Trump's presidential inauguration on Monday, a federal judge decided.

Kevin Moore, 65, and Carol Moore, 61, were charged with four misdemeanor counts, two charges for entering and remaining in a restricted government building and two counts of disorderly conduct in the Capitol building.

According to federal prosecutors, the couple “entered the Capitol at 3:12 p.m., took photos of themselves with Capitol Police, 'aggressively gestured at a law enforcement officer,’ and exited the Capitol around 3:20 p.m.”

The Long Island couple are two of 11 defendants who have been granted permission to attend Trump’s second swearing-in ceremony, according to The Associated Press.

Prosecutors had argued against allowing the Jan. 6 defendants from attending the ceremony while their cases are pending, saying that their presence could "retraumatize" police officers who defended the Capitol, the wire service reported.

The couple plan to travel to Washington to stand outside the event to be held inside the Capitol building with a placard that says “Day One,” a reference to Trump’s promise to pardon those accused in the attack on the Capitol, according to their defense lawyer John Carman.

“The right to express their view — especially sacred and profound in this context — at the Capitol and to the new President, implicates issues of Constitutional proportions,” the attorney wrote.

Susan Carman, an attorney who represents Carol Moore, said in a text message Saturday night, "There is no logical reason to prevent the Moores from attending the inauguration and they are glad this nightmare will finally be over in a few days." 

Federal District Judge John Bates separated the accusations against the Moores and their attendance in the nation’s capital.

“First, past is not prologue here," the judge wrote. "The nature of the inauguration is wholly different from the last event the Moores attended that involved the transition of power. Put simply, the inauguration will involve a crowd largely supporting the peaceful transition of power, not opposing it.”

While Bates acknowledged the suffering of police officers on Jan. 6, he said it would be unlikely that any of the officers would recognize the couple.

Nearly two dozen Jan. 6 defendants asked to attend the inauguration, according to the AP, and eight were denied. One request was still pending.

With AP

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