A federal judge rejected the Trump administration’s attempts to apply the president’s Jan. 6 pardons to a separate, but similar gun case against a YouTuber from Baltimore County.

Elias Costianes Jr. was one of hundreds of people — and dozens of Marylanders — arrested after the Jan. 6, 2021, riots at the U.S. Capitol. Unlike most of them, whose cases were dismissed or overturned by an executive order earlier this year, the Nottingham resident remains in prison, convicted on charges that stemmed from the Jan. 6 investigation.

Costianes’ legal team submitted an emergency motion to toss out the case in February, an effort now supported by U.S. attorneys. Together, they argue that because his riot case and gun case stem from the same investigation, the firearm conviction should be pardoned, as well.

But U.S. District Judge James Bredar disagreed, citing “the language of the Pardon itself,” which states that it “applies only to convictions for offenses related to events that occurred at or near the United States Capitol on January 6, 2021.”

“In short, the Court concludes that the Pardon means what it says,” Bredar wrote in a May 8 memorandum, adding he was “unable to conclude that the Government is not acting in bad faith.”

According to charging documents, on Jan. 6, 2021, Costianes livestreamed himself entering the Capitol and eventually a balcony overlooking the Senate floor. In the recordings, Costianes walks among swarms of others, an FBI agent wrote. And, while he can be seen encouraging rioters to push past a guarded doorway, he doesn’t touch or move anyone.

In a stalled lawsuit against the Department of Justice, Costianes’ attorneys said he had only “followed the story” as a member of the news media. According to their complaint, the Nottingham man worked in real estate but was a content creator, as well.

The Baltimore Sun could not find Costianes’ YouTube page on Thursday, a channel his lawyers said had nearly 10,000 subscribers.

The FBI obtained copies of the Capitol livestreams, authorities said, before securing warrants for Costianes’ arrest and to search his Nottingham home. The 47-year-old man was initially charged only in connection with the riot . Eight months later, federal prosecutors pursued a gun and drug case against him as well, using evidence found during the house search.

Costianes agreed to plead guilty in June 2023 to possessing a firearm while also being a drug user. He was sentenced to serve one year and one day in prison.

His defense attorney, Carol Stewart, described Bredar’s May 8 order on the pardon as “shameful,” arguing it’s beyond the judge’s scope to “encroach on the Executive Branch.”

“This case demonstrates a violation of the Constitution’s separation of powers,” Stewart wrote in a statement Thursday. “It seems the majority of Americans see the judiciary as obstructing justice in their wrong actions, where Supreme Court Justice (John) Roberts needs to step in and put an end to the encroachments.”

Federal lawyers have initiated another process toward dismissal that has not yet been ruled on. Court records show more filings on that issue are due by May 27.

Stewart said, in the meantime, Costianes’ criminal case is still under appeal.

Outside the criminal case, the Feb. 2021 search in Nottingham also generated a nearly $10 million lawsuit against the Department of Justice, accusing federal authorities of using excessive force and “thoroughly” traumatizing both Costianes and his sister, whom he was taking care of.

Law enforcement officials, the suit states, tore Costianes’ labrum during the arrest and raided his Baltimore County home “as if they were capturing Osama Bin Laden.”

Court records show that Costianes’ attorneys in the civil case missed an October filing deadline. No documents have been submitted since.

_____

©2025 Baltimore Sun. Visit baltimoresun.com. Distributed by Tribune Content Agency, LLC.