© 2024 Blue Ridge Public Radio
Blue Ridge Mountains banner background
Your source for information and inspiration in Western North Carolina.
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations
107.5 FM in Black Mountain is currently off air due to a power outage. Our team is working on a solution.

Feds arrest New Hanover County Moms for Liberty vice chair on Jan. 6 charges

Justina Guardino pictured coming through a U.S. Capitol window on January 6, 2021.
FBI
/
WHQR
Justina Guardino pictured coming through a U.S. Capitol window on January 6, 2021.

It’s been over three and a half years since former U.S. President Donald Trump’s supporters assaulted the U.S. Capitol on January 6, 2021, and the U.S. Department of Justice is still making arrests. One Wilmington resident, Justina Guardino — until very recently the Vice Chair of the New Hanover County chapter of Moms for Liberty — was taken into custody on Thursday, September 12.

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.

Screenshot from the Internet Archive record of the New Hanover County Moms for Liberty webpage.
Internet Archive
/
WHQR
Screenshot from the Internet Archive record of the New Hanover County Moms for Liberty webpage.

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).

Contributed.
/
WHQR
Photo posted to Natosha Tew's campaign social media account.

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.

Rachel is a graduate of UNCW's Master of Public Administration program, specializing in Urban and Regional Policy and Planning. She also received a Master of Education and two Bachelor of Arts degrees in Political Science and French Language & Literature from NC State University. She served as WHQR's News Fellow from 2017-2019. Contact her by email: rkeith@whqr.org or on Twitter @RachelKWHQR
Ben Schachtman is a journalist and editor with a focus on local government accountability. He began reporting for Port City Daily in the Wilmington area in 2016 and took over as managing editor there in 2018. He’s a graduate of Rutgers College and later received his MA from NYU and his PhD from SUNY-Stony Brook, both in English Literature.