Steve Nikoui, 51, was taken into custody by Capitol Police after he yelled, “Abbey Gate!” and “Second Battalion, First Marines!” down at Biden, 81, during his speech earlier this month.
Nikoui, a guest of Rep. Brian Mast (R-Fla.) at the State of the Union, was seated in the gallery when he shouted the remarks.
Nikoui’s son, Marine Lance Cpl. Kareem Nikoui, was one of 13 US service members killed by an ISIS-K suicide bomber outside Hamid Karzai International Airport on Aug. 26, 2021, as Kabul fell to the Taliban during the chaotic US withdrawal from Afghanistan.
DC Attorney General Brain Schwalb’s decision not to prosecute the Gold Star father was first reported by Fox News.
The DC AG’s office noted cases of past protesters not being prosecuted in defending its decision to not prosecute Nikoui, according to the outlet.
Schwalb’s office did not respond to The Post’s request for comment.
Nikoui has said he did not intend to interrupt Biden’s speech, but became frustrated after the president mentioned slain Georgia nursing student Laken Riley, who was allegedly killed by an “illegal” immigrant, but not his son, nor the 12 other US service members killed in the Abbey Gate blast.
“I’ve waited three years, I paid $3,000 and I’ve traveled 3,000 miles to finally hear my son’s name in the State of the Union,” he told the Daily Mail. “That trip to the State of the Union — what a kick in my ass.”
Nikoui was charged with crowding, obstructing, or incommoding Congress, a misdemeanor that typically results in the offender’s release after paying a $50 fine.
Several Republican lawmakers, including Mast and Reps. Michael Waltz (R-Fla.) and Darrell Issa (R-Calif.) had demanded that charges against the Gold Star father be dropped.