Attorney for 'Pink Hat Lady' says mesh mask was not meant to mock the court

The attorney for a Mercer County woman charged in the Capitol riot who was ordered to explain why she wore a see-through mask against court orders said Monday she never intended to violate the conditions of her release.

In a 14-page response filed Monday, Rachel Powell apologized to the court and pre-trial services “for her poor choice and her unwise conduct in this matter.”

“It was not Ms. Powell’s intention to mock compliance with her condition of release or to flout the court’s order,” her attorney, Michael J. Engle, wrote.

On April 16, the trial judge in Powell’s case in Washington, D.C., issued an order to show cause why she should not have her bond revoked or be held in contempt for wearing a mesh mask at her job at a Franklin bookstore. As part of Powell’s release conditions from federal custody, she was ordered to comply with the state covid-19 mitigation orders requiring masks in public.

Powell, who is known to be anti-mask, was seen in a video posted on a social media page for the store, Mr. Bookman, on March 31 wearing the mask that revealed her nose and mouth.

In the video, Powell says, “Good morning, everybody, welcome to Mr. Bookman’s page,” she said. “We’re going to do a drawing this morning.”

According to the court filing made Monday, the U.S. Attorney’s office contacted Engle about the video on April 9.

Engle wrote that he spoke with his client shortly after he heard from the prosecution and media members and “explicitly advised her to never wear the mask depicted in the video, or any mask like it, ever again.”

But three days later, Engle wrote that Powell’s pre-trial services officer contacted her about the mask, as well. The court then got involved three days later.

According to an affidavit filed under seal by Powell, her attorney said that she was encouraged to refrain from wearing a mask at work when she engaged with customers.

“Ms. Powell refused to do this and instead sought to find a mechanism for complying with the court’s order while also satisfying her employer,” he wrote.

Engle said that Powell had seen stories about singer Lana Del Ray making a mask with a clear plastic barrier under a see-through fabric for a book-signing event, and was trying to mimic that.

“While clearly unwise, the creation and use of the mask at issue was not designed to mock the court or its release condition,” the filing said.

It continued by saying that Powell must support her children, and that her job is important in helping her make ends meet.

Engle said his client’s decision to wear the mesh mask was a poor choice, but not one made with bad intent.

In the court filing, Engle attached several letters from Powell’s community — also filed under seal — noting her compliance with the court’s masking order.

Powell has since reduced her work hours and will work in a back office away from the general public, the filing said, and continues to wear a mask when out in public.

“Ms. Powell is committed to wearing only masks that are clearly and obviously compliant,” her attorney said.

In the order from Judge Royce C. Lamberth, he also ordered that Engle explain why Powell would have thrown away the mask in question.

Engle wrote that Powell threw away the mesh mask away because she was instructed to never wear it again. He said he did not tell her to throw it out — he merely wanted her to stop wearing it.