The lawyer representing a Capitol riot suspect from Mercer County says the so-nicknamed "bullhorn lady" and "pink hat lady" did not wear a mesh face mask to mock a court order.

Defense attorney Michael Engle responded on Monday to a U.S. Probation & Pre-Trial Services Office non-compliance report regarding client Rachel Powell's condition of pre-trial release that the Sandy Lake woman must wear a mask whenever she leaves her residence.

Pre-Trial Services said it received information that Powell appeared in a video posted on social media wearing a see-through mesh mask at the place where she works.  Included in the report is an image captured from a video showing Powell wearing a mask with holes in it large enough to see Powell's nose and mouth, according to a court filing.

The video was posted by “Mr. Bookman” on March 31.

When Pre-Trial Services called Powell about the video, she was allegedly evasive in answering the officer’s questions, according to a court document.

"Defendant’s decision to appear in a video wearing a mask with holes in it at work mocks compliance with the Court’s Order setting as a condition of pre-trial release that she wear a mask whenever she leaves her residence,” according to the report which went on to say "No reasonable person could think that defendant’s “mask” complied with that condition, which Chief Judge Beryl A. Howell imposed to ensure that defendant would not pose a risk to the health and safely of the community when she left her house.”

According to the court order, when Pre-Trial Services asked Powell where the mask was, she  responded that she “threw it away per her attorney’s advisement.”  As a result, Powell's attorney has ordered her attorney to explain his alleged instruction to dispose of the mask.

U.S. District Court Judge Royce Lamberth gave Powell until Monday to show why she shouldn't be held in contempt, or why her pre-trial release shouldn't be revoked while she awaits trial.

Engle said in his response, upon learning that there was an image of Powell wearing the mesh mask, he told her to never again wear that mask or any mask like it.

Powell's lawyer writes that she is responsible to support herself and her children, making continued employment important to make ends meet. "Ms. Powell made a poor choice in wearing the mask at issue. However it was not done with a bad intent," writes Engle.

In his response, Engle said that Powell was "creating an issue of concern that need not exist", furthering instructing her to "wear a mask that was obviously opaque so that no one could question her compliance with the Court's Order."

Engle also said at no time did he ever suggest or instruct Powell to throw the mask away.

The response concludes with a plea to the judge to allow Powell to remain on pre-trial release and not to charge her with contempt.

Powell is charged with multiple accounts including obstruction, destruction of US property over $1,000, entering a restricted building or property with a dangerous weapon, entering a restricted building/property, and disorderly conduct.

According to an affidavit, during national news coverage of the capitol riot on Jan. 6 in Washington D.C.,  the video footage showed a woman in a pink hat, a black jacket with a fur-lined hoodie using a bullhorn telling others how to gain control of the Capitol. Investigators say they later identified the woman as Powell.

Once inside, the affidavit says Powell was seen using the bullhorn to give instructions about the layout of the building and instructing others on how to "take this building." She also noted that they “have another window to break," according to the affidavit.
 
The 40-year old Powell could face a maximum sentence of 47 years in prison for the charges, maximum fines of up to $600,000, and up to seven years supervised release.