BUFFALO, N.Y. (WIVB) — An Alden man who was convicted for his role the Jan. 6, 2021 attacks is still allowed to enter government buildings.

A federal judge declined to add a condition to the supervised release of Daniel Warmus, who was convicted for entering the Capitol on Jan. 6. The condition would have prevented Warmus from recording and posting his self-titled “audits” of government buildings.

U.S. District Judge Lawrence Vilardo says this condition would violate Warmus’ Constitutional rights. Over the years, Warmus has entered government buildings in Erie County for what he calls “First Amendment audits,” posting videos to his YouTube channel that has more than 65,000 followers.

Federal probation officers sought the new condition after Warmus allegedly audited the Erie County Attorney’s Office, which resulted in complaints.

In May 2022, Warmus pleaded guilty to willfully and knowingly parading, demonstrating or picketing inside the Capitol. He was facing up to six months in jail, but was sentenced to 45 days in September. As part of his sentence, he was given two years of probation, was ordered to pay $500 in restitution and serve 60 hours of community service.

Judge Vilardo said that Warmus still cannot enter police property without first getting permission, which was part of his original restrictions.

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Aidan Joly joined the News 4 staff in 2022. He is a graduate of Canisius College. You can see more of his work here.