because he didn't go into the capital?

He was subpoenaed by the House Select Committee investigating Jan. 6. In January 2022, the Committee issued subpoenas to Nick Fuentes (and Patrick Casey) over their promotion of election-fraud conspiracy theories, their role in planning pro-Trump rallies that preceded the Capitol attack, and large Bitcoin donations they received prior to Jan. 6. (Sources: VICE, Business Insider, Politico) The subpoena asked whether the funds they got were tied to organizing or facilitating events related to Jan. 6. (Source: Business Insider) He was on Capitol grounds that day. Fuentes did not enter the Capitol building as far as public evidence indicates—he was present outside, on the grounds. (Sources: Wikipedia, Politico) He celebrated the attack afterward. For example, he tweeted: “The Capitol Siege was fucking awesome and I’m not going to pretend it wasn’t.” (Sources: Just Security, VICE) He remains under investigation. According to reports, Fuentes is under scrutiny by the FBI and/or DOJ regarding whether the Bitcoin donations he received were tied to illegal activities connected to Jan. 6 or its lead-up. (Source: Business Insider) The Jan. 6 Committee has also described that his assets and he remain under investigation.