Rapper Bugzie the Don Using Photo From Capitol Riot on Album Cover

A Virginia-based rapper who used a photo of him outside the Capitol during the January 6 attacks as an album cover is due to appear in court.

Antionne DeShaun Brodnax, better known as Bugzie the Don, was pictured sitting on top of a SWAT vehicle smoking a cigar as the mob of Donald Trump supporters stormed the Capitol building behind him.

The rapper then used the image to promote his latest album The Capital, which was released in March.

One of the tracks on the album, which is available on music streaming services such as Spotify, is titled "Capitol Interview Skit, Pt. 2."

According to a statement of facts, the rapper admitted to being in Washington, D.C. that day in order to shoot a music video. Brodnax told the FBI he followed the crowd of protesters and entered the Capitol after police had moved gates blockading the door.

Brodnax said he entered the building peacefully and walked around and took pictures and videos of the architecture once inside. He said he did not enter any office or chambers, and did not engage in violence or theft in the Capitol.

Brodnax added that while inside the Capitol, he received social media messages from friends telling him that a clip of him walking in the halls was broadcast live on CNN.

The suspect later replied to Twitter messages confirming that he was the man seen in the CNN clip using his Bugzie the Don account.

The rapper is also alleged to have uploaded photos of him walking around inside Capitol and sitting on the statue of Norman Borlaug in Statuary Hall onto a now-deleted Instagram account.

Brodnax was charged in March with entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, parading, demonstrating, or picketing in a capitol building and disorderly conduct in a Capitol building.

As reported by The Washington Post, his attorney is now fighting attempts from the government to gain access to Brodnax's social media accounts after they sent subpoenas to Twitter and Facebook.

The rapper's lawyer is trying to block the search warrants, claiming such a move would violate Brodnax's constitutional rights.

Following his arrest, Brodnax said that he was not inside the Capitol on January 6 in an attempt to stop the election results being certified and is "far from a Trump supporter."

"I really don't even get into politics at all. It was an experience for me and that's really the only reason I was there," he told The Intercept.

Brodnax has been contacted for comment.