New York Dem's Capitol Hill fire alarm incident referred to feds for charges similar to Jan. 6 rioters

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Rep. Jamaal Bowman denies pulling fire alarm to delay vote

FOX News senior congressional correspondent Chad Pergram has the latest on the lawmaker's explanations on America Reports.

EXCLUSIVE - A conservative watchdog group is referring Rep. Jamaal Bowman, D-N.Y., for criminal prosecution after he was caught on camera pulling a fire alarm inside a House of Representatives building amid tense talks to avoid a government shutdown last weekend. 

The Heritage Foundation’s Oversight Project is alleging Bowman broke federal and local laws just after House Republicans announced they would rush a stopgap spending bill known as a continuing resolution (CR) to the House floor Saturday. It caught some Democrats off guard, and they claimed they didn’t have time to read it thoroughly. 

In a letter reviewed exclusively by Fox News Digital, Heritage claims Bowman’s list of potential criminal violations includes a federal obstruction statute, which has been used by the Justice Department to prosecute alleged rioters who entered the Capitol Jan. 6, 2021, and calls for prison time of up to five years. 

"Rep. Bowman’s actions violated federal law in addition to D.C. criminal law. The Department of Justice and Federal Bureau of Investigation have made ample use of similar legal theories recently to investigate and prosecute individuals across the country," the letter states. 

PROGRESSIVE 'SQUAD' DEMOCRAT ACCUSED OF PULLING FIRE ALARM AMID TENSE SHUTDOWN TALKS

Rep. Jamaal Bowman, D-N.Y., arrives to the U.S. Capitol. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

It was sent Thursday to U.S. Attorney General Merrick Garland, FBI Director Christopher Wray and the leaders of the U.S. Capitol Police and D.C. Metropolitan Police departments.

"Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress…shall be fined under this title, imprisoned not more than 5 years," the federal statute states. 

BOWMAN DEFENDS FIRE ALARM SCANDAL BY REPEATING TALKING POINT ABOUT BEING 'IN A RUSH' TO VOTE

The D.C. codes Heritage suggests Bowman violated say it’s a misdemeanor "for any person or persons to willfully or knowingly give a false alarm of fire within the District of Columbia," and that anyone who "corruptly, or by threats of force, any way obstructs or impedes or endeavors to obstruct or impede the due administration of justice in any official proceeding," can be sentenced to prison for at least 3 years. 

The New York Post’s editorial board wrote in a scathing piece that New York Democratic Rep. Jamaal Bowman’s fire alarm stunt was "moronically irresponsible and wrong." (Leigh Vogel/Getty Images for The Recording Academy)

Mike Howell, president of the Oversight Project, scolded the relevant government organizations for having "come under significant scrutiny from the American public in recent years due to politicization and weaponization against your political adversaries."  

Howell noted that, in an interview aired on CBS' "60 Minutes" Oct. 1, Garland stated, "We do not have one rule for Republicans and another rule for Democrats. We don’t have one rule for foes and another for friends. … We have only one rule; and that one rule is that we follow the facts and the law, and we reach the decisions required by the Constitution, and we protect civil liberties." 

"Similarly, at a recent Congressional hearing, Director Wray denied a double standard at the Federal Bureau of Investigation, stating, ‘The idea that I’m biased against conservatives seems somewhat insane to me, given my own personal background,’" Howell noted in the letter. 

'SQUAD' DEM JAMAAL BOWMAN OFFERS BIZARRE RESPONSE AFTER PULLING FIRE ALARM: 'OPEN THE DOOR'

"This case presents an opportunity for course correction. The law should be enforced equally and without regard to political party," he concluded. 

Bowman is under investigation for the incident by Capitol Police, though he has defended himself, saying he made a mistake while trying to open a door that was locked.

Rep. Jamal Bowman condemned a memo his staff sent comparing Republicans to Nazis. (Fox News Digital/Jon Michael Raasch)

"You know, I don't know why this has gotten so much attention," Bowman told reporters outside his office Monday. "I was literally just in a rush to go vote, man."

But Bowman’s defense has been scrutinized after his office sent an internal memo to Democratic colleagues urging them to defend him publicly with suggested arguments as Republicans continue to demand his expulsion from Congress. 

'THE VIEW' HOSTS BRAZENLY DEFEND JAMAAL BOWMAN AFTER FIRE ALARM INCIDENT: 'HE PANICKED'

One proposed talking point in the memo, "Messaging Guidance: Supporting Congressman Jamaal Bowman After Accidental Fire Alarm," targeted "Nazi members" of the GOP.

"I believe Congressman Bowman when he says this was an accident," Bowman's memo states. "Republicans need to instead focus their energy on the Nazi members of their party before anything else."

Bowman took to X, formerly Twitter, to say he did not approve the memo and that it was an "inappropriate use" of the term. 

Rep. Nicole Malliotakis, R-N.Y., unveiled a resolution to expel Bowman as a result.

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"This is the United States Congress. It's not a New York City public high school," Malliotakis said on "Fox & Friends" Monday.

"And, of all people, Jamaal Bowman knows the old fire alarm trick because he was a high school principal. And, quite frankly, when he was the high school principal, there were serious ramifications if a student were to do that ... including expulsion."

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Supporters of Bowman, including fellow "Squad" member Rep. Alexandria Ocasio-Cortez, D-N.Y., defended him from expulsion calls.

"They're filing a motion to expel a member who in a moment of panic was trying to escape a vestibule," she said of Bowman in a recent interview. "Give me a break."

Fox News Digital’s Elizabeth Elkind, Houston Keene and Yael Halon contributed to this report.