WASHINGTON -- As she was heading into the U.S. Capitol to apologize for a run-in with a police officer, a bodyguard for Rep. Cynthia McKinney shoved a reporter for Channel 2 Action News.

Reporter Scott MacFarlane was trying to question McKinney as she entered the Capitol.

As the group moved across the Capitol grounds McKinney's bodyguard tried to block access to the congresswoman.

At one point the unidentified bodyguard and MacFarlane bumped into each other.

The bodyguard then shoved the reporter telling him, "I'm going to put your ass in jail."

When asked if he worked for the Capitol Police the bodyguard responded, "I work for Ms. McKinney." On the tape of the incident you can hear the man say that he wasn't a Capitol police officer but that, "I am a police officer." McKinney's office is now saying that the man was not a police officer, but a driver for the congresswoman.

The Capitol Police Criminal Investigative Department is investigating the incident and trying to determine who the man is.

MacFarlane says he believes that he and the bodyguard were both equal parties when they intially collided. MacFarlane says the bodyguard did give him a shove after the initial contact as they approached the Capitol steps, but that he does not begrudge him for that.