Record at a Glance
- Category
- Jan 6th
- Age in NPR record
- 49
- Location
- North Whitehall Township, Pennsylvania
- Charges
- Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; Violent Entry and Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building
- Case status
- Pleaded guilty; Dismissed in part or full; Sentenced
- Presidential action
- Pardon
Case Summary
A witness called the FBI after seeing videos on Kelly McFadden O'Brien's Facebook page reportedly showing her inside and nearby the U.S. Capitol on Jan. 6, 2021. In the videos, she narrates her path to the Capitol, reportedly saying: “We’re getting gassed and rubber bullets. We’re under Joe fake Biden Inaugural steps that he was supposed to be the fake president in. we’re probably about 20 feet to 40 feet from the Capitol doors. Some really brave patriots here. I’m right in the thick of it, following them up.” Law enforcement also identified O'Brien in security camera footage from inside the Capitol building on Jan. 6, 2021, court documents indicate. In social media posts leading up to Jan. 6, 2021, O'Brien reportedly posted often about what she believed was a stolen election, a claim for which there is no basis. On Nov. 26, 2020, she allegedly wrote: "We are an Army of Patriots. You will know us when you see us. There will be no ambiguity. Prepare yourself.” On Dec. 12, 2020, she allegedly posted about being in Washington, D.C., and said she was walked back to her hotel by the far-right extremist group the Proud Boys. A week later, she reportedly posted: "CALLING ALL PATRIOTS! Be in Washington D.C. January 6th. This wasn’t organized by any group. DJT has invited us and it’s going to be 'wild.' " On Jan. 1, 2021, she made reference in a post to the "3 percent," which refers to a far-right extremist group named for the myth that only 3% of Colonists fought against the British during the American Revolution, court documents indicate, and in other posts she reportedly made references to QAnon. In a post on Jan. 7, 2021, O'Brien seemed to distance herself from those videos and posts that placed her among the Jan. 6, 2021, rioters, writing she “had to scrub my page, for obvious reasons,” according to court documents. Later, though, she reportedly wrote again: "No regrets" with a heart emoji.
Case History
O'Brien pleaded Guilty to one charge: Entering and Remaining in a Restricted Building. The other charges are dismissed. Sentenced on 4/6/2022 to 90 days incarceration, 12 months Supervised Release, a Fine in the amount of $1000, $500 Restitution, and a $25 Special Assessment. O'Brien received a full pardon on January 20, 2025
Sources
- Primary Documentation
NPR Jan. 6 Defendant DatabaseNPR - Primary Documentation
Underlying court recordCourt record linked by NPR
Case summary, charges, procedural updates and image are drawn from the NPR Jan. 6 archive snapshot dated 2026-09-25 unless otherwise indicated.